Livingston County Recorder

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

Copies are $1 per page, and certification of copies is $1 per document.

A tax certificate must be obtained from the County Treasurer's Office prior to recording a warranty deed, a deed which contains a covenant of warranty, a land contract, or an assignment of a land contract with warranty clause. For up to four tax ID numbers, the fee is $5 per document. Each additional tax ID number is 25 cents.

The county transfer tax fee is $1.10 per $1,000.
The state transfer tax fee is $7.50 per $1,000.

Make checks payable to Livingston County Register of Deeds. Cash is also an acceptable form of payment. A self-address stamped envelope is not required. There is no limit as to how many documents can be recorded with one check. Recording fees are due and payable at the time of recording. They cannot be billed.

* The minimum size page to be recorded is 8.5 x 11 inches, while the maximum is 8.5 x 14 inches. Use white standard copy weight paper (20#). Black ink in a font sixe of at least 10 point is required.

* The top margin on the first page should be a minimum of 2.5 inches and should extend the width of the page. This is required to be left blank. All other margins on this page and on subsequent pages should be a minimum of 1/2 an inch.

* Faxes or copies cannot be recorded.

* The document type should be identified on the first line of print below the 2.5 inch margin.

* The date of the document must also appear on the first page.

* A return address must be indicated on the document and should be prefaced by "return to."

* Documents purporting to convey or encumber real estate executed in Michigan must have an acknowledgment by a notary public. The acknowledgment must state "Acting in the county of ____________."

* Signatures must be original and corresponding names should be typed, stamped, or printed below signatures.

* There should not be any discrepancies between printed names as they appear in the signature, acknowledgment, or jurat.

* In any instrument conveying or mortgaging any interest in real estate, the marital status of any male grantors should be stated.

* Provide the address of grantee(s) in any instrument by which the title to any interest therein is conveyed or assigned.

* The name and address of the individual who drafted the instrument must be given on documents executed in Michigan.

* A legal description of the real property is required. This can be included in the document or as an attachment. A tax parcel ID number or street address is not sufficient as a legal description.

* A certified copy of a death certificate or proof of death (a separate recordable event) must be recorded prior to the instrument of conveyance which states "survivor" in the grantor's section.

* Court orders must be certified by the clerk of court to be eligible for recording.

* If the property conveyed is unplatted, the following applies: the grantor grants to the grantee the right to make _________ division(s) under section 108 of the land division Act No. 288 of Public Acts of 1967. If no number is inserted, the right to make divisions stays with the portion of the parent tract retained by the grantor. If the entire parent tract is conveyed, then all division rights are granted. This property may be located within the vicinity of farmland or a farm operation. Generally accepted agricultural and management practices which may generate noise, dust, odors, and other associated conditions may be used and are protected by the Michigan right to farm act.

Common document errors include incorrect fees, absence of individual drafter's name and address, names not typed beneath signatures, marital status of male grantor/mortgagor not disclosed, notarial certificate incomplete, and the phrase "return to" is missing in the address.

TRANSFER TAX

A written instrument subject to the county and state transfer tax imposed by MCL 207.505 section 5 and MCL 207.526 section 6 shall state the total consideration of the real property on the face of the instrument. Alternatively, a Real Estate Transfer Valuation Affidavit disclosing the total consideration can be filed when the instrument is presented for recording. Transfer tax is paid by the seller of the property on the amount of money the property sold for.

The Real Estate Transfer Valuation Affidavit does not have a filing fee, but a statement must be made on the face of the instrument that said affidavit is being filed. The transfer tax imposed by each act shall be collected unless the instrument of transfer is exempt from either or both acts. Any exemptions should be stated on the face of the instrument presented for recording.

Instruments of foreclosure and easements or a right of way are also subject to transfer tax.

For property located in more than one county, the document must be recorded in each county. The transfer tax is pro-rated and paid to each county.

For a list of exemptions to county and state transfer tax, see the supplemental documents on this site or visit the Livingston County Michigan Register of Deeds website.