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The Register of Deeds is responsible for recording and maintaining records for real property located in Sanilac County.
Recording Fees
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).
Tax certification: Warranty deeds, land contracts or an assignment thereof, or deeds that contain a covenant of warranty must have a tax certification from the County Treasurer's Office. The charge for this service is $5.00.
Transfer tax is collected on the total value of the land being transferred, unless it is exempt. If there is an exemption, it must be stated on the instrument.
The county transfer tax is 55 cents per $500 of consideration.
The state transfer tax is $3.75 per $500 of consideration.
Document Formatting Requirements
To add or delete a name from a deed, a new instrument must be prepared. Only original documents can be recorded with the Register of Deeds. The following guidelines apply:
* Typing or printing should be in a font size of at least 10 point and in black ink. Use white paper that measures 8.5 x 11 inches or 8.5 x 14 inches. The entire instrument must be legible. If there are any attachments, they should not be smaller than 8.5 x 11 inches or larger than 8.5 x 14 inches.
* At the top of the first page, provide a margin of unprinted space that is at least 2.5 inches. On all remaining sides of each page, margins should be at least 1/2 an inch.
* After the blank margin on the first space, provide a document title that clearly indicates the nature of the transaction.
* The name of each person executing the instrument should be legibly printed, stamped, or typed beneath the original signature of the person. There should not be any discrepancies between the names of each person as printed, stamped, or typed beneath their signature and the name as recited in the acknowledgment.
* The name of any notary public whose signature is on the instrument should be legibly printed, stamped, or typed immediately beneath their signature.
* Provide the address of each grantee in a deed of conveyance or assignment of real estate, including a street number address or the post office address. This should be legibly printed, stamped, or typed on the instrument.
* Provide the name and business address of the person who prepared the instrument.
* A register of deeds will not accept an instrument executed after April 1, 1997 if it evidences more than one recordable event.
* All written instruments conveying or mortgaging real estate or any interest in real estate, should state whether any and all male grantors, mortgagors, or other parties executing the instrument are single or married. The register of deeds of the county in which the instrument is presented for recording can refuse an instrument if it does not comply with this. If an instrument has been recorded without showing the marital status, an affidavit stating the facts can be recorded.
* If a non-complying instrument is presented for recording, it can be accompanied by an affidavit, which should be printed or typewritten and should state the correct name of any person, the name of whom was not printed, stamped, or typewritten on the instrument as required.
* Provide a legal description of the real property being conveyed, as well as a recital of the consideration exchanged for the property. If the actual consideration is not stated on the face of the deed, it can be provided in a Michigan Valuation Affidavit that is submitted along with the document.
* Transfer tax must be paid at the time of recording, unless a proper exemption number is noted on the deed. Transfer tax applies to all instruments that transfer property or an interest in property.
* If "survivor" is stated in the grantor section of a deed of conveyance, a certified copy of a death certificate or other proof of death must be recorded.