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Sworn Statement of Account Form - Montmorency County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 9/11/2020
Sworn Statement of Account Guide - Montmorency County
Line by line guide explaining every blank on the form.
Included document last updated 7/16/2020
Completed Example of the Sworn Statement of Account Document - Montmorency County
Example of a properly completed form for reference.
Included document last updated 8/20/2020
*The Following Michigan and Montmorency 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 Sworn Statement of Account in Michigan
A Sworn Statement of Account is an itemized list containing the names and identifying information for all the parties that have provided improvements, materials or labor and an accounting of the money that is owed to them.
Under Michigan law, a contractor must provide a sworn statement to the owner or lessee in each of the following circumstances: (a) when payment is due to the contractor from the owner or lessee or when the contractor requests payment from the owner or lessee, or (b) when a demand for the sworn statement has been made by or on behalf of the owner or lessee. M.C.L. 570.1110(1). A subcontractor must provide a sworn statement to the owner or lessee upon request by or on behalf of the owner or lessee. M.C.L. 570.1110(2). Subcontractors must also provide a sworn statement to the contractor when payment is due to the subcontractor from the contractor or when the subcontractor requests payment from the contractor. M.C.L. 570.1110(3).
The sworn statement must list each subcontractor and supplier with whom the person issuing the sworn statement has contracted relative to the improvement to the real property. M.C.L. 570.1110(4). It must also contain a list of laborers with whom the person issuing the sworn statement has contracted with, and for whom payment for wages or fringe benefits and withholdings are due but unpaid, along with an itemized amount of such wages or fringe benefits and withholdings. Id.
The contractor or subcontractor is not required to list in the sworn statement material furnished by the contractor or subcontractor out of his or her own inventory that was not purchased specifically for performing the contract. M.C.L. 570.1110(5).
Treat requests for a sworn statement seriously. If a contractor fails to provide a sworn statement to the owner or lessee before recording the contractor's claim of lien, the contractor's construction lien is not invalid. M.C.L. 570.1110(9). However, the contractor is not entitled to any payment, and a complaint, cross-claim, or counterclaim may not be filed to enforce the construction lien, until the sworn statement has been provided. Id. Along the same line, if a subcontractor fails to provide a sworn statement to the owner, the subcontractor's construction lien is valid. M.C.L. 570.1110(10). However, a complaint, cross-claim, or counterclaim may not be filed to enforce the construction lien until the sworn statement has been provided. Id.
Because the statement is "sworn," there are strict penalties for falsification. A contractor or subcontractor who desires to draw money and gives or causes to be given to any owner or lessee a sworn statement that is false, with intent to defraud, is guilty of a crime. M.C.L. 570.1110(11).
This article is provided for informational purposes only and should not be relied on as a substitute for the advice of an attorney. If you have any questions about using a sworn statement of account form, please consult with a licensed Michigan attorney.
Get your Montmorency County Sworn Statement of Account 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 Montmorency 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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