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The Register of Deeds is responsible for recording and maintaining records for real property located in Barry 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).
Copies of real estate documents on record are $1 per page. Certification of copies is $1 per document. To be eligible for certification, a document must be copied in its entirety in the Register of Deeds office.
A tax certificate must be obtained from the county treasurer's office prior to recording a warranty deed, land contract, any deed containing a covenant of warranty, an assignment of land contract with a warranty clause, or a master deed for condominium. Tax certificates are $5.
Transfer tax is collected on the total value of the land being transferred, unless it is exempt, which 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
* The paper on which the document is printed must be white and not less than 20-pound weight. The size of the document as well as any attachments must be at least 8.5 x 11 inches and no larger than 8.5 x 14 inches. Use black ink in a font size of at least 10 point. Documents submitted for recording must be legible.
* On the first page, provide a margin of unprinted space. This should be at least 2.5 inches as measured from the top of the page. Provide a margin of at least 1/2 an inch on all remaining sides of each page.
* On the first line of print on the first page, provide a single statement identifying the recordable event that the instrument evidences. Instruments shall not purport to evidence more than one recordable event.
* Instruments executed in Michigan require an acknowledgment by a judge, clerk of a court of record, or notary public within the state.
* All signatures in the document must be original and corresponding names must be typed or printed beneath signatures. There should not be any discrepancy between the names printed in the notary acknowledgment and as printed beneath signatures.
* Instruments conveying or mortgaging property shall state the marital status of all male grantors/mortgagors.
* In a deed or conveyance or assignment of real estate, the address of the grantee is required and should contain the street number or post office address.
* The name and address of the person who drafted the document must appear on documents executed in Michigan.
* When "survivor" is indicated on a document, a certified copy of the death certificate or proof of death must be recorded or have been recorded and referenced by liber and page on said document.
* Court orders must be certified and sealed by the clerk of the court.
* No more than four sequential digits of any social security number may appear on the instrument, unless required by court order, state law, or federal law.
* When a subdivision plat has been recorded, the lots in the plat shall be described by the caption of the plat and the lot number for all purposes.
The purchaser of a foreclosure deed shall attach an affidavit to be recorded with the foreclosure deed which states the exact amount required to redeem the property, including any per diem amounts. The Register of Deeds shall not determine the amount necessary for redemption of the foreclosed property.
TRANSFER TAX AND TAX CERTIFICATE
A tax certificate must be obtained from the county treasurer's office prior to recording a warranty deed, land contract, any deed containing a covenant of warranty, an assignment of land contract with a warranty clause, or a master deed for condominium.
A written instrument subject to the tax imposed by MCL 207.505 sec. 5 and 207.526 sec. 6 shall state the total consideration of the real property on the face of the instrument. If this is not included, a Real Estate Transfer Valuation Affidavit disclosing the total consideration can be filed when the instrument is presented for recording.
There is no filing fee for the Real Estate Transfer Valuation Affidavit. However, a statement must be made on the face of the instrument that such affidavit is being filed.
Transfer tax imposed by each act will be collected unless the transfer is exempt from either or both acts. If there is an exemption to either or both acts, it must be stated on the face of the instrument presented for recording. Transfer tax is imposed on the seller. An instrument of foreclosure is subject to transfer tax based on the sale price stated on the front of the instrument. Easements or right of ways are also subject to transfer tax.
In the case of an exchange of two properties, the deeds transferring title to each are subject to the Michigan Real Estate Transfer Tax, and in each case shall be computed on the basis of the actual value of the property conveyed.
Documentary stamps can be purchased only in the county where the property is located.
If a conveyance affects property situated in more than one county, it must state the portion of the sale price attributable to each parcel lying in the separate counties. Transfer tax must be paid to each county for that portion of the sale price.