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The Recording Department of the Clerk of Circuit Court's Office is responsible for recording and maintaining real property records in Madison County.
The documentary tax stamp is due on total consideration (including cash, any unpaid balance on existing or new mortgages, plus anything having a monetary value).
First page: $10.00
Each additional page: $8.50
For indexing instruments recorded in the official records which contain more than four names, per additional name: $1.00
DOCUMENTARY STAMP TAX:
On real estate conveyance, per $100.00 consideration: $0.70 (Formula: .0070 x Total Purchase Price = Amount of Doc Stamps)
On obligations to pay money, per $100.00 indebtedness: $0.35 (Formula: .0035 x Amount Financed = Amount of Doc Stamps)
Intangible tax on promissory notes, written obligations to pay money (mortgages, etc.): $0.002 x total
County recording fees are subject to change without notice. For the most current fees and further information, contact the local clerk's office directly.
* Instruments submitted for recording must be dated appropriately.
* On the top right hand corner of the first page, there should be a 3 x 3 inch space. This is reserved for the clerk of court. On each subsequent page, there should be a 1 x 3 inch space in the top right corner.
* Conveyances should be in writing, signed in the presence of two subscribing witnesses by the party granting, creating, or conveying interest in real property. The names of both witnesses must be legibly printed, typewritten, or stamped immediately beneath the signatures.
* The name and address of the person who prepared the instrument should also be legibly printed, typewritten, or stamped on the instrument. This should be on the face of the document, and can be given in the following form: 'This instrument prepared by NAME OF INDIVIDUAL, ADDRESS.'
* The name of each person who executed the instrument should be legibly printed, typewritten, or stamped on the instrument immediately below the person's signature. The complete mailing address of the person who executed the instrument must also be given.
* The name of the notary public or other officer authorized to take acknowledgments must be legibly printed, typewritten or stamped immediately beneath the signature. This also applies to any witnesses.
* The name and complete mailing address of the grantee should be included in the instrument.
* There is a penalty for failure to pay documentary tax stamps, such as if the purchase of tax stamps was not properly affixed.
* The full consideration or sale price of the real property should be given in a cover letter, or within the document.
* Documents submitted for recording should not include social security numbers or other personal identification numbers. If these are included in a document, they will have to be redacted before it is recorded.