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The Register of Deeds is responsible for recording and maintaining property records in Allegan 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).
A tax certificate must be obtained from the County Treasurer's Office prior to recording a warranty deed, land contract, assignment of land contract with warranty clause, or a master deed of condominium. The tax certificate fee is $5.
Transfer tax rates:
The county transfer tax fee is $1.10 per $1,000 of consideration.
The state transfer tax fee is $7.50 per $1,000 of consideration.
Document Formatting Requirements
1. Typewritten or printed text should be in black ink and a font size of at least 10 point on white paper that is 8.5 x 11 inches in size.
2. Provide a margin of unprinted space at the top of the first page that is at least 2.5 inches. All remaining sides of each page should have a margin of at least half an inch.
3. After the top margin on the first page, provide a document title that indicates the nature of the recordable event.
4. A register of deeds in Michigan will not accept an instrument executed after April 1, 1997 if the instrument purports to evidence more than one recordable event.
5. The name of the person executing the instrument should be legibly printed, typewritten, or stamped beneath the original signature of the person. There should not be any discrepancies between the name of each person as printed, typed, or stamped beneath their signature and as recited in the acknowledgment.
6. Provide the name and business address of the person who has prepared the instrument.
7. The name of any notary public whose signature appears on the instrument should be legibly printed, typed, or stamped beneath their signature. A document must be notarized (acknowledged) in order to be recorded.
8. Provide the address of each grantee listed in the instrument.
9. A register of deeds may accept an instrument if it does not comply with the requirements set forth in the Michigan Code of Laws, provided that an affidavit is recorded with the non-complying instrument. The affidavit should be printed or typewritten and should state the correct name of any person, the name of whom was not printed, stamped, or typewritten upon the document as required.
10. A real property instrument should contain a legal description of the property being conveyed and should also list the consideration amount for the property.
11. All written instruments conveying or mortgaging real estate or any interest therein shall state whether any and all male grantors, mortgagors, or other parties executing the instrument are married or single. The register of deeds may refuse the instrument for recordation if this information is not provided. If an instrument is recorded without a recitation of the marital status of male grantors, an affidavit stating the facts can be recorded in the register's office.
12. A deed must contain a recital of consideration given for the real 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 in conjunction with the document.
13. Unless a proper exemption number is noted on the deed, transfer tax must be paid at the time of recording. This applies to all instruments that transfer an interest in property.
To add or delete a name from a real estate deed, a new document must be prepared. Documents can be mailed in or recorded in person.
Effect of unrecorded conveyances:
A conveyance of real estate that is not recorded is void as against any subsequent purchaser in good faith and for a valuable consideration, of the same real estate or portion thereof, whose conveyance is first duly recorded. The fact that the first recorded conveyance is in the form of or contains the terms of a quitclaim deed and release does not affect the question of good faith of the subsequent purchaser, or be of itself notice to her of any unrecorded conveyance of the same real estate or any part thereof.