Your guide to

Real Estate
laws and customs
A State-by-State Guide
 First American Title Insurance Company

Real Estate Laws & Customs by State Yes No

Form of Conveyance Preliminary Report

State Title Insurance Rates State Encumbrance Forms Attorney State or Commitment Deed Transfer Tax Mortgage Tax Leasehold Tax

Alabama Filed Rate Warranty Deed Mortgage Commitment Only

Alaska Filed Rate Warranty Deed Deed of Trust Commitment Only

Deed of Trust
Arizona Filed Rate Warranty Deed
Mortgage
Commitment Only

Deed of Trust Based on full consideration set forth

Arkansas Not Filed Warranty Deed
Mortgage
Commitment Only
in Affidavit of Value
Preliminary Report County Documentary Transfer Tax Applies to all leases of 35 years or more;
California Filed Rate Grant Deed Deed of Trust
and Commitment upon request City Tax (in some cities)
whether options to extend are counted for
lease term, varies by County

Warranty Deed, Special Warranty Deed, Deed of Trust/Public Trustee Documentary Fee
Colorado Filed Rate Bargain and Sale Deed, or Quitclaim Deed for each County
Commitment Only City Transfer Fee (in some cities)

Warranty Deed City Conveyance Tax Unless duration is tantamount to a

Connecticut Filed Rate Quitclaim Deed Mortgage Commitment Only
State Conveyance Tax conveyance, e.g., 99 years
State Transfer Tax
Delaware Filed Rate Special Warranty Deed Mortgage Commitment Only
Local Transfer Tax
Unless lease exceeds 5 years

District of Deed of Trust with Transfer Tax Recordation Tax on Construction Excludes leases with terms of 30 years
Not Filed Special Warranty Deed Commitment Only Recordation Tax
Columbia Private Power of Sale Loan and Refinance Deeds of Trust or less, including options to renew
Promulgated Rate by Special Warranty Deed or Documentary Stamp Tax Both Documentary Stamp Tax & Unless there is a determinable consideration
Florida State Insurance Department Warranty Deed
Mortgage Commitment Only
plus surtax (Dade County) Non-Recurring Intangible Tax
other than the future duty to pay rent
(for example, assignment of leasehold)

Deed to Secure Debt Real Estate Transfer Tax must be accompanied

Georgia Published Rate Warranty Deed Mortgage (rare) Commitment Only by R.E. Transfer Tax Declaration Form Intangible Recording Tax

State Conveyance Tax Certificate Form must Applied where unexpired term is for
Hawaii Posted Rate Warranty Deed Mortgage Commitment Only accompany Deeds, Leases & Assignments there-
of, and Agreements of Sale 5 years or moreSee Deed Transfer Tax
Warranty Deed or Deed of Trust
Idaho Filed Rate
Corporate Deed Mortgage (over 40 acres use Mortgage)
Commitment Only

Warranty Deed, Special Mortgage State, County, and in some cases, State, some Counties, and
Illinois Not Filed
Warranty Deed, Quitclaim Deed Deed of Trust
Commitment Only
a Municipal Transfer Tax some Municipalities

Indiana Not Filed Warranty Deed Mortgage Commitment Only

No title insurance companies are licensed within Real Estate Transfer Tax. A Real Estate Transfer
Iowa the state. Title policies written outside state. Warranty Deed Mortgage Commitment Only Declaration of Value and a Ground Water Affidavit
must accompany all Deeds to be recorded.

Sales Validation Questionnaire must

Kansas Filed Rate Warranty Deed Mortgage Commitment Only
accompany all Deeds to be recorded
Mortgage Registration Tax

Kentucky Filed Rate Warranty Deed Mortgage Commitment Only

Warranty Deed or
Louisiana Filed Rate Act of Sale Mortgage Attorney must examine title Commitment Only Orleans Parish Only Orleans Parish Only Orleans Parish Only

A Declaration of Value must

Maine Filed Rate up to $1 million Warranty Deed Mortgage Commitment Only
accompany Deeds to be recorded
Mortgage (rare) and Most documents must be approved by a State Prop. Transfer Tax, State Doc. Recording Counties vary; may have Yes: State Transfer and State Recording Tax do not
Maryland Filed Rate Grant Deed
Deed of Trust Maryland attorney prior to recordation
Commitment Only Stamp Tax, Agric. Transfer Tax, and County
Transfer Tax (these tax rates vary by County)
document Stamp, Recording Tax
and County Transfer Tax
apply to leases of 7 years or less with renewals
of 7 years or less; County Transfer Tax varies

Quitclaim Deed Deed stamps based on consideration in Deed. Unless duration is tantamount to
Massachusetts Not Filed
Warranty Deed
Mortgage Commitment Only Extra County taxes in Barnstable.
Land Bank fee in Dukes & Nantucket Counties. a conveyance, e.g., 99 years
Based on full consideration set forth
Michigan Filed Rate Warranty Deed Mortgage Commitment Only on face of Deed or on a Real Estate
Transfer Valuation Affidavit
State Deed Tax. A Certificate of Real Estate
Minnesota Filed Rate Warranty Deed Mortgage Commitment Only Value and Well Disclosure Certificate must
accompany all Deeds to be recorded.
Mortgage Registry Tax

Mississippi Not Filed Warranty Deed Deed of Trust Commitment Only

Various Counties require a Certificate

Missouri Filed Rate Warranty Deed Deed of Trust Commitment Only
of Real Estate Value
UCC Status: All states are authorized for UCC Insurance.
UCC Designation: Property & Casualty States: Alabama, Arizona, Arkansas, Colorado, Connecticut, Georgia, Idaho, Indiana, Kansas, Kentucky, Michigan, and Minnesota.
Title Insurance States: Alaska, California, Delaware, District of Columbia, Florida, Hawaii, Illinois, Iowa, Louisiana, Maine, Maryland, Massachusetts, Mississippi, and Missouri.
 First American Title Insurance Company

Real Estate Laws & Customs by State Yes No

Form of Conveyance Preliminary Report

State Title Insurance Rates State Encumbrance Forms Attorney State or Commitment Deed Transfer Tax Mortgage Tax Leasehold Tax

Warranty Deed Land Sales Contract

Montana Filed Rate Corporate Deed
Deed of Trust
Mortgage
Commitment Only

Deed of Trust $2.25 per thousand; Documentary Stamp Act

Nebraska Filed Rate Warranty Deed
Mortgage
Commitment Only Real Estate Transfer Statement filed with Deed

Grant Deed Preliminary Report

Nevada Filed Rate Bargain and Sale Deed
Quitclaim Deed
Deed of Trust
Commitment Upon Request
Real Property Transfer Tax

Warranty Deed Unless duration is tantamount

New Hampshire Filed Rate
Quitclaim Deed
Mortgage Commitment Only Real Property Transfer Tax
to a conveyance, e.g., 99 years
Bargain and Sale Deed Deeds and Mortgages (North New Jersey) If lease is less than 99 years
New Jersey Filed Rate
Special Warranty Deed
Mortgage
South New Jersey
Commitment Only Realty Transfer Fee
including possible renewals
Promulgated Rate by Warranty Deed Deed of Trust
New Mexico State Insurance Department New Mexico Real Estate Contract Mortgage Commitment Only

N.Y. State Transfer Tax N.Y. State Transfer Tax;

New York Filed Rate Bargain and Sale Deed Mortgage Certificate of Title Local Transfer Tax depends on
location of property
Varies by County Local Transfer depends on
location of property

North Carolina Filed Rate Warranty Deed Deed of Trust Commitment Only Excise stamp on conveyance Depends on County

Abstracts and Attorneys Opinions are

North Dakota Filed Rate Warranty Deed Mortgage
required to issue any title insurance policy
Commitment Only

Warranty Deed Except for 99-year leasehold

Amount varies by County from $1 $4/$1000.
Ohio Filed Rate Quitclaim Deed
Limited Warranty Deed
Mortgage Commitment Only $0.50 per parcel Transfer tax. in some Counties

Oklahoma Not Filed Warranty Deed Mortgage Commitment Only Documentary Stamp Tax Buyer usually pays

Warranty Deed Deed of Trust Preliminary Report Real Property Transfer Tax assessed
Oregon Filed Rate Bargain and Sale Deed Mortgage (rare) Commitment Upon Request in Washington County
Unless lease is for 30 years or more
Pennsylvania Filed Rate Special Warranty Deed Mortgage Commitment Only Realty Transfer Tax
(consult with local office)
Warranty Deed
Rhode Island Negotiable Quitclaim Deed
Bargain and Sale Deed
Mortgage Commitment Only Real Estate Conveyance Tax

South Carolina Filed Rate Warranty Deed Mortgage Commitment Only Documentary Stamp Tax

Policy must be signed by licensed abstractor

South Dakota Filed Rate Warranty Deed Mortgage for a fee in County where property is located Commitment Only Certificate of Real Estate Value

Warranty Deed Deed of Trust Warranty Deed: tax on greater of

Tennessee Filed Rate Quitclaim Deed
Mortgage (rare)
All recorded documents Commitment Only consideration paid or property value;
Quitclaim Deed: tax on consideration paid
Special Warranty Deed

Promulgated Rate by Deed of Trust

Texas State Insurance Department
Warranty Deed
Mortgage
Commitment Only

Warranty Deed Deed of Trust

Utah Filed Rate Special Warranty Deed
Quitclaim Deed Mortgage
Commitment Only

Warranty Deed Property Transfer Tax

Vermont Filed Rate up to $2 million Quitclaim Deed
Fiduciary Deed
Mortgage Commitment Only
Declaration required
Unless lease is 50 years or more

Warranty Deed Deeds must be prepared by a non-title Recordation Tax and Grantor Tax. Local
Virginia Not Filed
Special Warranty Deed
Deed of Trust
company attorney
Commitment Only
recording taxes as authorized by the State.
State, City, and County may apply State, City, and County may apply

Filed Rate Deed of Trust Real Estate Excise Tax based on

Washington (Subject to State sales tax)
Warranty Deed
Mortgage
Commitment Only
percentage of sales price

Attorney must certify title, prepare Deeds State Excise Tax & County Excise Tax
West Virginia Filed Rate Warranty Deed Deed of Trust and Deeds of Trust and conduct settlement Commitment Only
& Non-Resident Withholding Tax

Wisconsin Filed Rate Warranty Deed Mortgage Commitment Only Real Estate Transfer Tax Unless lease is 99 years or more

Warranty Deed Statement of Consideration must

Wyoming Filed Rate Quitclaim Deed Mortgage Commitment Only
be completed to record a Deed

UCC Status: All states are authorized for UCC Insurance.

UCC Designation: Property & Casualty States: Nebraska, New Hampshire, New Jersey, New Mexico, North Carolina, Ohio, Oregon, Pennsylvania, South Carolina, and Tennessee.
Title Insurance States: Montana, Nevada, New York, North Dakota, Oklahoma, Rhode Island, South Dakota, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.
NCS-1277
 Customary Standard Fee Splits Buyer Seller

Loan Policy Search: Exam, Attorney, Abstract Transfer Taxes Recording/Filing Fees
State Owners Policy Fees Escrow Fees

Alabama Negotiable, usually Seller Negotiable Negotiable Negotiable

Alaska Included in premium N/A Divided Equally Divided Equally

N/A Buyer pays to record Deed & Mortgage

Arizona Included in premium Affidavit of Real Property Value must be submitted with deed Divided Equally
Seller pays for recording docs to remove encumbrances
for recording. Seller pays for filing.

Arkansas Negotiable, usually Seller Customarily Split Divided Equally Negotiable, usually Buyer

Seller pays County tax Seller pays recording fees on documents need-
California Varies Included in premium
City tax varies
Varies by County
ed to clear title

Included in premium, except for

Colorado multi-chains of title or special services
Divided Equally

All deeds must be accompanied by a Conveyance Tax Buyer pays for recording Deed & Mortgage documents
Connecticut Return, even if transfer is exempt Negotiable
Seller pays for recording of releases

Delaware Divided Equally Negotiable

Buyer pays Recordation Tax

District of Negotiable Negotiable Negotiable Negotiable Negotiable
Columbia Seller pays Transfer Tax

Buyer pays for instruments of conveyance & financing

Florida Negotiable, usually Buyer Negotiable, usually Seller Negotiable, usually Seller Negotiable, usually Divided Equally
Seller pays instruments to clear title

Georgia Negotiable Negotiable Negotiable Varies

Buyer40%
Hawaii Seller60%
Included in premium Negotiable, usually Seller Divided Equally

Buyer pays for Deed of Trust or Mortgage

Idaho Negotiable, usually Seller Negotiable, usually Buyer Included in premium N/A Divided Equally
Seller pays to record conveyance Deed and release docs

Buyer pays loan policy charges Buyer pays for local transfer tax Buyer pays for recording Deed and Mortgage docs
Illinois Negotiable, usually Seller
Seller pays any abstract charges fees vary Seller pays State and County
Divided Equally
Seller pays for recording of releases

Negotiable, usually Buyer pays for instruments

Indiana Negotiable, usually Seller Negotiable, usually Buyer May be charged as Additional Fees N/A Negotiable, usually Divided Equally of conveyance and finacing
Seller pays for instruments to clear title

Buyer pays post-closing charges Buyer pays post-closing charges Buyer pays all other recording fees
Iowa Negotiable
Seller pays pre-closing and abstract charges Seller pays pre-closing exam and abstracting Seller pays for recording docs to remove encumbrances

Negotiable, Divided Equally if purchase

Kansas Negotiable, usually Seller N/A contract silent Seller pays for recording of deed

Kentucky Negotiable

Buyer pays all other recording fees

Louisiana Varies
Seller pays for recording docs to remove encumbrances

Buyer pays recording fees

Maine Seller pays in Penobscot County Divided Equally
Seller pays release recording fees

Maryland Negotiable Negotiable Negotiable Negotiable Negotiable Negotiable

Buyer pays recording fees

Massachusetts Negotiable
Seller pays release recording fees

Included in premium
Michigan complex title exam may incur work charges
Negotiable, usually Buyer

Buyer pays to record Deed & Mortgage

Minnesota Shared by parties
Seller pays for recording docs to remove encumbrances

Mississippi Negotiable N/A Negotiable

Missouri Varies by County Varies by County N/A Negotiable Varies by County

 Customary Standard Fee Splits Buyer Seller

Loan Policy Search: Exam, Attorney, Abstract Transfer Taxes Recording/Filing Fees
State Owners Policy Fees Escrow Fees

Realty Transfer Certificate must be completed

Montana Included in premium N/A Divided Equally
to record a Deed
Buyer pays to record Deed & Mortgage
Nebraska Divided Equally Included in premium Seller pays; $2.25 per thousand Divided Equally
Seller pays for recording docs to remove encumbrances

Buyer pays to record Deed & Mortgage

Nevada Included in premium Divided Equally
Seller pays for recording docs to remove encumbrances

Buyer pays recording fees

New Hampshire Divided Equally
Seller pays realease recording fees

Buyer pays 1% fee on over $1M properties Buyer pays for North NJ title company closings Buyer pays to record Deed & Mortgage
New Jersey in certain property classes
Seller pays Realty Transfer Fee. Split closing cost for South NJ Seller pays for recording docs to remove encumbrances

Parties pay their own attorneys

New Mexico Included in premium N/A Divided Equally for doc preparation fees. Seller pays Deed; Buyer pays
Mortgage.

New York-style closing custom requires the simultaneous transfer of document and consideration at a meeting of the parties. Recording takes place later.
New York Most closing costs, including cost of title insurance, are paid by the Buyer.
Buyer pays to record all other documents
North Carolina Negotiable Seller pays to record Deed and
release of any encumbrances

Buyer pays to record Deed & Mortgage

North Dakota Seller pays for abstract only N/A
Seller pays for recording docs to remove encumbrances

Negotiable, Buyer pays to record Deed & Mortgage

Ohio usually Divided Equally Seller pays for recording docs to remove encumbrances

Buyer pays to record Mortgage

Attorneys Opinions vary by local practice; abstract fees
Oklahoma Negotiable Negotiable are various rates filed by each abstract company Negotiable Seller pays recording for any docs
to convey or disencumber the property

Only in Washington County; Buyer pays to record all other docs

Oregon Included in premium
Divided Equally
Divided Equally Seller pays the cost of recording
Contract of Sale

Included in premium for all-inclusive rate; not Buyer pays to record Deed & Mortgage
Pennsylvania Divided Equally
included in approved attorney rate filing Seller pays to record release documents

Buyer pays to record Deed, Mortgage & Assignment

Rhode Island Seller pays for recording docs to remove encumbrances

Value may be required;

Search, etc. are NOT included in premium,
South Carolina fees established by attorney-agent $3.70/$1000 Negotiable Buyer pays to record Deed & Mortgage
Seller pays to record release documents

Split is required only when licensed abstractor Split is required only when licensed abstractor Buyer pays to record Deed & Mortgage
South Dakota must sign must sign
Varies by County Varies by County
Seller pays for recording docs to remove encumbrances

Negotiable except in those counties where search and exam Buyer pays to record Deed & Deed of Trust
Tennessee Negotiable fees are included in the premium Varies by Local Practice
Seller pays for recording releases

Buyer pays to record Deed & Mortgage

Texas Included in premium N/A Negotiable
Seller pays for recording docs to remove encumbrances

Included in premium; may be additional Divided Equally; escrow fees Buyer pays to record Deed & Mortgage
Utah Negotiable, usually Seller
Special Project charge
N/A
are a minimum filed rate Seller pays to record docs to remove encumbrances

NegotiableClosing normally handled by attor-

Vermont ney performing the title examination

Buyer normally pays State & Local Taxes

Virginia Negotiable Negotiable Negotiable
Seller pays Grantors Tax
Negotiable Negotiable

Washington Included in premium Divided Equally

Exam fees not included in premium.

West Virginia Negotiable, usually Buyer Negotiable, usually Buyer Fees established by examining attorney.

Buyer pays to record Deed & Mortgage

Wisconsin Negotiable Negotiable
Seller pays for recording docs to remove encumbrances

Wyoming Included in premium N/A Negotiable

Information at Your Fingertips
First American Title would like to help make your job easier. Thats why weve gathered laws and customs information from throughout the nation and put it in
an easy-to-use document.

From rates to form information to payment responsibilities, this handy guide provides the data you need no matter where a property is located. But if more information
is needed, dont hesitate to call your local First American representative. Its our job to make your job easier.

The content of this brochure is for informational purposes only and is not and may not be construed as legal advice. First American Financial Corporation is not a law firm and does not offer legal services of any kind. No third party entity may rely upon anything contained herein when making
legal and/or other determinations regarding title practices. You should consult with an attorney prior to embarking upon any specific course of action.

First American Title Insurance Company, and the operating divisions thereof, make no express or implied warranty respecting the informationpresented and assume no responsibility for errors or omissions. First American, the eagle logo, First American Title, and firstam.com are registered trade-
marks or trademarks of First American Financial Corporation and/or its affiliates.

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