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The County Recorder is responsible for recording and maintaining records related to real property located in Emmet County.
Recording Fees
Deeds, Change of Titles, Affidavit of Surviving Spouse, Real Estate Contract: $12 for the first page and $5 for each additional page.
If more than one parcel is listed in a document, the fee is $5 per each additional parcel.
Mortgages, Extensions, Amendments/Modifications, Releases/Satisfactions, Assignments, Easements, Leases, Bill of Sales, Trade Names, Articles of Incorporation, Power of Attorney, Plats of Surveys, Corner Certificate, Affidavits (with no legal) State/Federal Liens:
$7.00 for the first page (Plats of Surveys)
$7.00 (All Others)
$5.00 for each additional page
Certification fees are $5 for the first page and $0.50 for each additional page.
If mailing in documents, include a self-addressed stamped return envelope.
Note that recording fees are subject to change. Please verify the information with the local recorder's office.
Document Formatting Requirements
• In order to be recorded, a document must be legible and reproducible. White paper of at least 20# weight is required. A document consists of one or more individual pages not larger than 8.5x14 inches, not permanently bound or in a continuous form. Attachments should not be stapled or otherwise affixed to any page, except as necessary to comply with statutory requirements. Individual pages of a document may be stapled together for presentation for recording. Firmly attached labels with barcodes or return address are acceptable.
• Printing should be single-sided only and in black ink. All pre-printed text should be at least 8 point and no more than 20 characters and spaces per inch. All other typed or computer-generated text, including but not limited to, names of parties to an agreement should be at least 10 point and no more than 16 characters and spaces per inch.
• Corresponding names must be typed or printed below signatures. Original signatures are required. All signatures should be in black or dark blue ink and of sufficient color and clarity to ensure that they are readable when the document is reproduced.
• The document must be dated, signed by the grantor, and notarized. The acknowledgment (notary) must be dated.
• On the first page, include a blank 3-inch top margin. All other margins should be at least ¾ of an inch.
• Immediately below the 3-inch top margin, include the following information: the name, address, and telephone number of the individual (or business name, if applicable) who prepared the document; a return address and name; the name, address, and zip code where future tax statements can be sent; a title for the document; the names of all grantors and grantees involved in the conveyance; and a complete legal description. The legal description should include lot, block, addition and city, or section, township, and range.
• If there is not enough room on the first page, reference the page number where the information is located in the document.
• A legal description can be found on your land abstract or on the county GIS mapping website, which can be accessed through the Emmet County Assessor’s webpage.
• When referencing a related document, use a book and page format (example: Book 240 pg. 20).
ADDITIONAL REQUIREMENTS
A Declaration of Value reflecting the full consideration paid for certain non-exempt real estate conveyances is required to be submitted to the County Recorder at the time a deed, contract, instrument, or other writing is presented for recording. Part I, the Declaration of Value, is to be completed by the buyer or seller or either’s agent for non-exempt transactions. Part II is to be completed by the assessor.
If an exemption is clearly indicated on the document, the Declaration of Value is not required to be submitted. Part I of the form must be completed if the transaction is exempt but does not have an exemption clearly stated on the document presented for recording. If the form is not completed accurately and in full for non-exempt transactions by the buyer or seller or either’s agent, the county recorder is required by law to refuse to record the contract, deed, or other instrument conveying the affected property.
The transferor of real property is required to submit a Groundwater Hazard Statement to satisfy legal requirements for filing instruments of conveyance of real property with the county recorder. The Department of Natural Resources does not approve or disapprove of property transfers based on the Groundwater Hazard Statement. The statement must be signed by one of the persons transferring the property interest or that person’s agent. An agent signing the form represents the information from the transferor to be correct.
A revenue tax should be affixed to represent the full sale price for consideration amounts over $500. If the conveyance is exempt from revenue tax, the exemption should be stated on the face of the document. A list of exemptions can be found in the Code of Iowa, chapter 428A.2.
The recording statute in Iowa is a notice act. This means that a later buyer who pays fair value for the real property and does not have any notice of any earlier conflicting interests, wins, and will have priority over any later recordings.