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Real Estate Customs by State First American Title National Commercial Services Your Guide to Real Estate Customs by State First American Title National Commercial Services Real Estate Customs by State Yes No Preliminary Report State Title Insurance Rates Form of Conveyance State Encumbrance Forms Attorney State or Commitment Deed Transfer Tax Alabama Filed Rate Warranty Deed Deed of Trust\Mortgage Commitment Only Recordation Tax Alaska Filed Rate Warranty Deed Deed of Trust Commitment Only Deed of Trust Filed Rate Warranty Deed Commitment Only Arizona Mortgage Deed of Trust Based on full consideration set forth Not Filed Warranty Deed Commitment Only Arkansas Mortgage in Affidavit of Value Preliminary Report; County Documentary Transfer Tax Filed Rate Grant Deed Deed of Trust California Commitment upon request City Tax (in some cities) Deed of Trust/Public Filed Rate Warranty Deed, Special Warranty Deed, Commitment Only Documentary Fee Colorado Bargain and Sale Deed (rare), or Quitclaim Deed Trustee for each County City Transfer Fee (in some cities) City Conveyance Tax Filed Rate Warranty Deed Mortgage Commitment Only Connecticut Quitclaim Deed State Conveyance Tax State Transfer Tax Filed Rate Special Warranty Deed Mortgage Commitment Only Delaware Local Transfer Tax Deed of Trust with District of Filed Rate Special Warranty Deed Commitment Only Transfer Tax Columbia Private Power of Sale Recordation Tax Promulgated Rate by Special Warranty Deed Documentary Stamp Tax plus surtax (in Mortgage Commitment Only Florida State Insurance Department or Warranty Deed Miami-Dade County) Deed to Secure Debt Real Estate Transfer Tax must be accompanied Georgia Published Rate Warranty Deed Mortgage (rare) Commitment Only by Real Estate Transfer Tax Declaration Form Commitment; Preliminary Report for State Conveyance Tax Certificate Form must Posted Rate Warranty Deed Mortgage accompany Deeds, Leases & Assignments thereof, Hawaii informational reports and Agreements of Sale Deed of Trust Filed Rate Warranty Deed Commitment Only Idaho Mortgage Warranty Deed, Special Warranty Deed, Not Filed Mortgage Varies by location Commitment Only State, County and in some cases, a Illinois Quit-Claim Deed Municipal Transfer Tax Indiana Filed Rate Warranty Deed Mortgage Commitment Only Real Estate Transfer Tax. A Real Estate Transfer Declaration No title insurance companies are licensed within Warranty Deed, Special Warranty Deed, Mortgage Commitment Only of Value and a Ground Water Hazard Statement must Iowa the state. Title policies written outside state. Quit-Claim Deed accompany all Deeds to be recorded. Sales Validation Questionnaire must Kansas Filed Rate up to $500,000 Warranty Deed Mortgage Commitment Only accompany all Deeds to be recorded Kentucky Filed Rate Warranty Deed Mortgage Commitment Only Warranty Deed Licensed LA attorney must examine title & render written Filed Rate Mortgage title opinion. All commitments & policies must be signed Commitment Only Orleans Parish Only Louisiana or Act of Sale by LA Licensed Producer A Declaration of Value must accompany Maine Filed Rate up to $1 million Warranty Deed Mortgage Commitment Only Deeds to be recorded Mortgage (rare) Filed Rate Special Warranty Deed (preferred) Yes; most documents must be approved by a Commitment Only Recordation Tax, State Transfer Tax Maryland and Deed of Trust Maryland attorney prior to recordation and Country Transfer Tax Quitclaim Deed Deed stamps based on consideration in Deed. Not Filed Mortgage Commitment Only Extra county taxes in Barnstable. Land Bank fee Massachusetts Warranty Deed in Dukes & Nantucket Counties Based on full consideration set forth on Filed Rate Warranty Deed Mortgage Commitment Only face of Deed or on a Real Estate Transfer Michigan Tax Valuation Affidavit State Deed Tax. A Certificate of Real Estate Filed Rate up to $1 million Warranty Deed Mortgage Commitment Only Value and Well Disclosure Certificate must accompany Minnesota all Deeds to be recorded Mississippi Not Filed Warranty Deed Deed of Trust Commitment Only Missouri Filed Rate Warranty Deed Deed of Trust Commitment Only UCC Status: Nearly all states are authorized for UCC Insurance. UCC Designation: Property & Casualty States: Alabama, Arizona, Arkansas, Colorado, Connecticut, Georgia, Idaho, Indiana, Kansas, Kentucky, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Jersey, New Mexico, North Carolina, Ohio, Oregon, Pennsylvania, South Carolina, Tennessee. Title Insurance States: Alaska, California, Delaware, District of Columbia, Florida, Hawaii, Illinois, Iowa, Louisiana, Maine, Maryland, Massachusetts, Montana, Nevada, New York, North Dakota, Oklahoma, Pennsylvania, Rhode Island, South Dakota, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming. Source for eClosing RON status: https://www.firstam.com/title/eclosing/ First American Title National Commercial Services Real Estate Customs by State Yes No State Mortgage Tax Leasehold Tax UCC Designation UCC Status eClosing: RON status Legislation proposed, Alabama Yes Yes P&C Authorized not passed Alaska Title Authorized Law Passed Arizona P&C Authorized Law Passed Arkansas P&C Authorized No Legislation Yes: Applies to all leases of 35 years or more; whether options to extend are counted for lease Title Authorized Legislation Pending California term varies by County Colorado P&C Authorized Law Passed Unless duration is tantamount to P&C Authorized Legislation Pending Connecticut a conveyance, e.g., 99 years Delaware Unless lease exceeds 5 years Title Authorized No Legislation Recordation Tax on Money loaned subject to Excludes leases with terms of less than 30 years District of Title Authorized Legislation Pending Columbia any applicable exemptions including options to renew Both Documentary Stamp Tax & No: Unless there is a determinable consideration other than the future duty to pay rent (for example, assignment Title Authorized Law Passed Florida Non-Recurring Intangible Tax of leasehold) Georgia Intangible Recording Tax P&C Authorized Legislation Pending Applied where unexpired term is for 5 years Title Authorized Law passed and awaiting required rules Hawaii or more – See Deed Transfer Tax Idaho P&C Authorized Law Passed Assignments of lessee’s interest in a lease with a term of 30 years or more. Affects state, county, Chicago and other municipalities. Title Authorized Legislation Pending Illinois Chicago also taxes creation of long-term ground leases Indiana P&C Authorized Law Passed Iowa Title Authorized Law Passed Mortgage Registration Tax No mortgage tax. P&C Authorized Legislation Pending Kansas It was phased out January 1, 2019 Kentucky P&C Authorized Law Passed Documentary transfer tax in Orleans Parish Only Title Authorized Law Passed Louisiana Orleans Parish Only Maine Title Authorized No Legislation Counties vary; may haveDocument Stamp, Yes: State Transfer and State Recording Tax do not apply to leases of 7 years or less with renewals of 7 years or less; Title Authorized Law Passed Maryland Recording Tax and County Transfer Tax County Transfer Tax varies Unless duration is tantamount to Title Authorized Legislation Pending Massachusetts a conveyance, e.g., 99 years Michigan P&C Authorized Law Passed Minnesota Mortgage Registry Tax P&C Authorized Law Passed Mississippi P&C Authorized No Legislation Missouri P&C Authorized Legislation Pending UCC Status: Nearly all states are authorized for UCC Insurance. UCC Designation: Property & Casualty States: Alabama, Arizona, Arkansas, Colorado, Connecticut, Georgia, Idaho, Indiana, Kansas, Kentucky, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Jersey, New Mexico, North Carolina, Ohio, Oregon, Pennsylvania, South Carolina, Tennessee. Title Insurance States: Alaska, California, Delaware, District of Columbia, Florida, Hawaii, Illinois, Iowa, Louisiana, Maine, Maryland, Massachusetts, Montana, Nevada, New York, North Dakota, Oklahoma, Pennsylvania, Rhode Island, South Dakota, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming. Source for eClosing RON status: https://www.firstam.com/title/eclosing/ First American Title National Commercial Services Customary Standard Fee Splits Buyer Seller Search: Exam, Attorney, State Owner’s Policy Loan Policy Abstract Fees Transfer Taxes Escrow Fees Recording/Filing Fees Alabama Negotiable, usually Seller Negotiable Negotiable Negotiable Alaska Included in premium N/A Divided Equally Divided Equally N/A Affidavit of Real Property Value must be Buyer pays to record Deed & Mortgage Included in premium submitted with deed for recording. Seller pays Divided Equally Arizona for filing Seller pays for recording docs to remove encumbrances Arkansas Negotiable, usually Seller Customarily Split Divided Equally Negotiable, usually Buyer Seller pays County tax Seller pays recording fees on Varies Included in premium Varies by County California City tax varies documents needed to clear title Included in premium for most counties except for multi-chains of title or special services. Divided Equally Colorado Third-party vendor charges may also apply. All deeds must be accompanied by a Conveyance Buyer pays for recording Deed & Mortgage documents Tax Return even if transfer is exempt Negotiable Connecticut Seller pays for recording of releases Delaware Divided Equally Negotiable Negotiable Buyer pays Recordation Tax District of Negotiable Negotiable Negotiable Negotiable Negotiable Columbia Seller pays Transfer Tax There is no regulation regarding who typically pays premium however, customarily, Buyer pays for per page cost of deed
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