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Notice of Commencement Form - Saint Joseph County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 3/22/2021
Notice of Commencement Guide - Saint Joseph County
Line by line guide explaining every blank on the form.
Included document last updated 3/19/2021
Completed Example of the Notice of Commencement Document - Saint Joseph County
Example of a properly completed form for reference.
Included document last updated 2/25/2021
*The Following Michigan and Saint Joseph County supplemental forms are included as a courtesy with your order.
Property Transfer Affidavit
This form must be filed whenever real estate or certain types of personal property are transferred (even if the deed is not recorded) in order to ensure correct assessment for tax purposes. The new owner must file within 45 days of transfer in the city or township where the property is located. If the form is not filed on time, a penalty of $5/day (maximum $200) applies.
Real Estate Transfer Tax
This form must be filed with the Register of Deeds when the amount paid for the property is not stated on the deed. The form is not required when the amount paid is entered on the deed. The form must be completed and signed by either the seller or his/her authorized agent and submitted in the county where the property is located.
Transfer Tax Exemptions
Certain conveyances are exempt from transfer tax. These pages list the county and state exemptions. If the document is transfer tax exempt, the exemption must be stated on the deed. Note that both lists are in content identical until subparagraph (j).
Transfer Tax
This file contains the tax rates as well as a table listing state and county tax by consideration amount.
Certificate of Trust Existence and Authority
A certificate of trust existence and authority contains specific information about an existing trust agreement. According to 565.435 of the Michigan Compiled Laws, a purchaser or other party relying upon the information contained in a recorded certificate of trust existence and authority shall be afforded the same protection as is provided to a subsequent purchaser in good faith. Note that under 565.433, only settlor or grantor; an attorney for the settlor, grantor, or trustee; or an officer of a banking institution or an attorney if then acting as a trustee may sign the form if it pertains to real property. Sign the completed form in the presence of a notary, then submit it to the county register of deeds office for recording.
Notary Certificates
The supplemental forms in this section can be used as loose certificates by notaries in the state.
Principal Residence Exemption
If the property is your principal residence you may qualify for a tax exemption. These forms will help you navigate and apply for a (PRE) exemption.
Including:
Using a Notice of Commencement in Michigan
A Notice of Commencement is a form executed by a land owner or lessee before the start of any actual physical improvement to real property. The owner or lessee contracting for the improvements must record a Notice of Commencement in the office of the register of deeds for each county in which the real property to be improved is located. M.C.L. 570.1108(1). Recording a Notice of Commencement also starts the clock ticking for the contractor, subcontractor, or supplier to file his or her Notice of Furnishing.
The notice of commencement must contain the following information: (1) the legal description of the real property on which the improvement is to be made; (2) the name, address, and capacity of the owner or lessee of the real property contracting for the improvement; (3) the name and address of the fee owner of the real property, if the person contracting for the improvement is a land contract vendee or lessee; (4) the name and address of the owner's or lessee's designee; and (5) the name and address of the general contractor, if any. M.C.L. 570.1108(2).
Even if parts of the Notice are inaccurate, any incorrect information contained in the Notice of Commencement furnished by or for an owner or lessee will not harmfully affect the rights of a lien claimant as against the property of that owner or lessee. M.C.L. 570.1108(4).
As a property owner, lessee, or designee, you also have a responsibility to provide a copy of the Notice of Commencement, together with an attached blank Notice of Furnishing form, to the subcontractor, supplier, or laborer requesting a copy of the Notice of Commencement within 10 days after the date of mailing of a written request by certified mail from a subcontractor, supplier, or laborer. M.C.L. 570.1108(5).
The Notice should also be posted on the actual jobsite. The owner, lessee, or designee must post and keep posted a copy of the notice of commencement in a conspicuous place on the real property described in the notice during the actual physical improvement to the real property. M.C.L. 570.1108(6).
As a reminder, this article is posted for informational purposes only and should not be relied upon as a substitute for the advice of an attorney. Please contact a Michigan-licensed attorney with questions about the Notice of Commencement or any other issue related to liens.
Get your Saint Joseph County Notice of Commencement form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties.
The documents you receive here will meet, or exceed, the Saint Joseph County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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