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The Recording Division of Clerk of the Circuit Court office is responsible for recording warranty deeds, mortgages, and other instruments related to real property in Gadsden County.
Recording Fees
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
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).
If special services are requested or if there are unusual circumstances affecting fees or taxes due, clear instructions should be provided.
If taxes are not due or have been paid on another document, indicate this on the face of the new document: "Documentary Stamp Tax paid on document recorded under ______________ or Book ________ and Page no. ______." For exempt documents: "In accordance with (Exemption Number), taxes are not due on this recording." This information will not only assist in recording, but may also prevent penalties and interest from being levied by the Department of Revenue.
An overpayment that exceeds $5 will be refunded to the person who made the payment. If the amount of overpayment is $5 or less, no refund will be given.
A self-addressed stamped envelope is not required, but it is helpful for the return of documents.
County recording fees are subject to change without notice. For the most current fees and further information, contact the local clerk's office directly.
Document Formatting Requirements
* Documents will be scanned or microfilmed and thus need to be clear and legible. Photographic clarity will be best achieved if white paper (size 8.5 x 11 inches or 8.5 x 14 inches) and black ink are used. A font size of 12 point can be used to ensure legible photographic reproduction. Typewritten documents are consistently more legible and clearly reproducible than handwritten documents.
* All pages of the same document can be stapled together, as it can be difficult to tell whether certain documents are intended to be recorded on their own or as riders or attachments to other documents. If multiple documents are submitted, do not staple them together if they are to be recorded separately.
* At the top of the first page, provide a blank 3x3 inch space in the top right corner. Subsequent pages should have a blank 1x3 inch space in the top right corner. These spaces are reserved for use by the clerk of court. All other margins should be at least 1 inch.
* The name and address of the actual person who prepared the document or under whose supervision it was prepared should be legibly printed, typed, or stamped on the instrument in the following format: "PREPARED BY: name and address." This should be in the top left corner of the first page.
* The title of the document should be given after the preparer's information, centered on the first page.
* After the title, provide the Property Appraiser's Parcel Identification number.
* The mailing address of each person executing the instrument should be printed, stamped, or typed on the instrument.
* The grantor's signature must be acknowledged by two witnesses.
* Provide the mailing address of the grantee (this is the second party) on any instrument other than a mortgage conveying any interest in real property. This needs to be legibly printed, typed, or stamped on the first page.
* Corresponding names need to be printed, typed, or stamped under signatures of each person executing the instrument, witnesses to the instrument, and the notary public or other person authorized to take acknowledgments.
* The notary acknowledgment must be complete and should include the names of persons appearing before the notary, date of acknowledgment, notary's seal, and notary's signature.
* All names are indexed, except persons executing as Attorney in Fact under a Power of Attorney. If the same name appears as grantor and grantee, it will be counted twice.