Michigan law imposes several recording requirements on the transfer of real estate, also referred to as real property. After signing a contract required to bind both parties to a land transfer, the transfer must also be recorded with the register of deeds in the county where the property is located. Additionally, the land transfer must also be reported to the Michigan Department of Treasury by filing a Property Transfer Affidavit.
Draft a contract evidencing transfer of the property. Include the names of the party transferring the land, called the transferor, and the party receiving the land, called the transferee. Include any payment received for transferring the property, as well as the terms of payment. Include any special terms of the transfer.
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Draft the deed transferring the land. All county register of deeds offices provide a form for both a warranty deed and a quitclaim deed. If the transferor has included covenants of title, use the warranty deed form. If the transferor is merely conveying whatever interest he has in the property, without any guarantees of actual ownership, use the quitclaim deed form. Provide the name and address of both the transferor and transferee, as well as the date. Provide a description of the property being transferred, using a metes-and-bounds description. Have both parties sign the deed in the presence of a notary.
Draft a Property Transfer Affidavit. A Property Transfer Affidavit form is available for download from the Michigan Department of Treasury website. Provide the address of the property, the name and address of both the transferor and transferee and the price paid for the property. Check any appropriate exemptions and sign the form.
File the deed and Property Transfer Affidavit with the county register of deeds. The fee for filing a deed varies by Michigan county, but ranges from $15 to $25, as of 2011. Most register of deeds offices charge an initial fee, typically more than $10, as well as a per-page fee of $2.
Salvatore Jackson began writing professionally in 2010. He has experience with international travel, computers, sports and law. Jackson is a licensed attorney with experience in legal research. He received his Juris Doctor from Tulane University in 2010.