Benzie County Recorder

The Register of Deeds is responsible for recording and maintaining records for real property located in Benzie County.

Regardless of the number of pages, all documents will cost $30.00 to record, this cost is inclusive of the Michigan Remonumentation and Register of Deeds Automation fees.

For a document that assigns or discharges more than 1 instrument $3.00 for each instrument assigned or discharged (in addition to the $30.00 flat fee).

A tax certificate must be obtained from the County Treasurer's Office prior to recording a warranty deed, any deed that contains a covenant of warranty, land contract, assignment of land contract with warranty clause, or a master deed for condominium. Tax certificates are $5.

The state transfer tax rate is $7.50 per each $1,000 or fraction thereof.

* A Register of Deeds shall not record an instrument executed after April 1, 1997 if the instrument purports to evidence more than 1 recordable event.

* Documents should be on paper that is no larger than 8.5 x 14 inches. The minimum size accepted is 8.5 x 11 inches. Paper should be white and not less than 13 pound weight. Use a font size of at least 10 point and black ink.

* The name of each person purporting to execute the instrument and the name of the notary public should be legibly printed, typewritten, or stamped beneath their signature. Original signatures are required.

* Documents purporting to convey or encumber real estate in Michigan require acknowledgment by a judge, clerk of a court of record, or a notary public in the state of Michigan. A common error is to incorrectly fill in the venue and the notary acknowledgment. The venue, which usually appears above the notary acknowledgment statement, is the county and state where the document was executed. The county and state in the venue must be filled in and must coincide with the county and state in which the notary commission is acting.

* There should not be any discrepancies between the names of each person as printed, typewritten, or stamped beneath their signature and the name as recited in the acknowledgment.

* The name and address of the preparer of the document should be given on the first page of documents executed in Michigan. If the document is prepared by a company, an individual's name is still needed.

* When "survivor" is indicated on a document, a certified copy of the death certificate or proof of death must be recorded or have been recorded. This should be referenced by liber and page on relevant documents.

* Any instrument conveying or mortgaging property should state the marital status of all male grantors or mortgagors.

* On the first page, provide a top margin of at least 2.5 inches and at least 1/2 an inch on all remaining sides of each page.

* On the first line of print on the first page, provide a document title that identifies the recordable event.

* The grantee's address should be provided on the document.

* A legal description is required. This can be contained in the document or included as an attachment. A tax parcel ID or a street address is not a legal description. The full legal description must be included when applicable. "Tax" legal descriptions are not accepted. This is the legal description on the tax bill or the one from the township/city/village. The only legal descriptions accepted are ones from a previous deed or survey. Tax legal descriptions are incomplete and incorrect. They are for the assessor's use only.

TRANSFER TAX

A written instrument subject to the transfer tax shall state on its face the total consideration of the real property, or should have a Real Estate Transfer Valuation Affidavit filed at the time the deed is presented for recording. There is not a filing fee for the Real Estate Transfer Valuation Affidavit, but a statement must be made on the face of the instrument that such an affidavit is being filed.

Tax is imposed on the grantor. In the case of an exchange of two properties, both deeds transferring title to each other are subject to tax and shall be computed on the basis of the actual value of the property conveyed. Documentary stamps are to be purchased only in the county where the property is located. Conveyances affecting property situated in more than one county must state the portion of the sale price attributable to each parcel lying in the separate counties and transfer tax must be paid to each county for that portion of the sale price.

Transfer tax imposed shall be collected unless the transfer is exempt. Any exemption must be stated on the face of the deed presented for recording.