What Gets Filed At The Register Of Deeds

Register of Deeds

The county register of deeds office can about accordingly be thought of as a library of local records. This office is a storage facility for a host of local documents. From state title transfers to birth, union, and death records, this role has a wealth of data most the local population. Although these are only a few of the documents recorded in this office, they remain some of the near widely requested past the full general public.

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Document of Real Estate Value

Exemption from Deed Transfers Fees

General Listing of Recordable Items

Existent Estate Auction and Transfer

Sequence Numbers

Document of Existent Manor Value

The Certificate of Existent Manor Value (PT 56) form must be filed with any deed or contract for deed. This would include actual "deeds" such as warranty deed, quit claim deed, grantor's deed, sheriff's deed, trustee'south human activity, executor'due south human action, ambassador's deed, mineral deed and similar deeds. Contract for deed would also encompass a memorandum of a contract for deed, and addenda to contracts for act, and discover of contract for deed. A statute exception to the form existence filed is for the Land of South Dakota conveying highway right-of-way SDCL vii-9-7.3. Documents that do NOT demand to be accompanied with a certificate of existent estate value are: Divorce Decree, Probate Decree, Easements.

Come across Certificate

Exemption from Deed Transfers Fee

SDCL 43-four-22 provides a list of exemptions from the real estate transfer fee. The fee imposed by SDCL 43-4-21 does non utilise to whatever transfer of title:

Recorded before July i, 1968;
By or to the United states of america of America, this state, or whatever instrumentality, agency, or political subdivision of either;
Solely in order to provide for or to release security for a debt or obligation;
Which confirms or corrects a deed previously executed and recorded;
Between hubby and married woman, or parent and kid with simply nominal actual consideration therefor;
On sale for delinquent taxes or assessments, sheriffs' deeds, other deeds issued in foreclosure actions or proceedings or deeds issued in lieu of foreclosure actions or proceedings;
On partition;
Pursuant to any mergers or consolidations of corporations or limited liability companies or plans of reorganization by which substantially all of the assets of corporations or express liability companies are transferred;
By a subsidiary corporation to its parent corporation for no consideration, nominal consideration, or in sole consideration of the cancellation or surrender of the subsidiary's stock;
Pursuant to decrees of distribution entered in whatever decedent's estate;
Between an private grantor, or grantors, and a corporation, where the grantor or grantors and the owner of the bulk of the capital stock of the corporation are the same person;
Between any corporation and its stockholders or creditors, or between whatsoever express liability company and its members or creditors, if to effectuate a dissolution of the corporation or limited liability company it is necessary to transfer the title of real belongings from the corporate entity to the stockholders or creditors;
On cemetery lots and grave sites;
Between an individual grantor, or grantors, and a limited or general partnership if the grantor or grantors and the owner of the majority involvement in the express or full general partnership are the same person;
Betwixt a fiduciary and a casher of the fiduciary or between a fiduciary and a 3rd party, if the transfer or conveyance is to accommodate the fiduciary human relationship;
Betwixt individuals, regardless of the human relationship, if the conveyance is an absolute gift without consideration of any kind in render for the conveyance;
Pursuant to a decree of divorce, annulment, or split up maintenance or pursuant to a settlement understanding canonical or adopted past a prescript of divorce, annulment, or separate maintenance;
For which no consideration was given;
Between whatever limited liability visitor and its members.

General List of Recordable Items

There are a number of records that the register of deeds volition proceed full and true records of their offices. Those documents include:

Revenue enhancement deeds,
Chattel mortgages,
Bills of auction,
Conditional sale contracts,
Mortgages, and
Other instruments authorized by law.

No register of deeds may accept any act or contract for deed that is non accompanied by a certificate of value containing:

The proper noun and address of the buyer and seller;
The legal description;
The actual consideration exchanged;
The relationship of the seller and buyer, if any; and
The terms of payment if other than payment in total at the time of auction.

Real Estate Sale and Transfer

On a monthly ground, the annals of deeds will forrad real manor sale and transfer information electronically to the Property Taxation Division. The process is completed through the real estate database. As sales or transfers occur the data can be added to the database and so at the end of every month a file with all of the information tin be transferred electronically to the Property Tax Segmentation.

The database also has internal reports available for the register of deeds to utilise. They include:

Individual Record Report
Weekly Transfer Certificates
Monthly Transfer Report

Sequence Numbers

All of the following information is required electronically:

Sequence Number - this is the number of the real estate transfers equally filed in the Register of Deeds office. Begin with the number one (i) and number consecutively throughout the year. On Jan 1 of each twelvemonth, restart the sequence number with the number ane (1). If a sequence number is accidentally omitted, please make notation on certification grade. Do not use duplicate numbers and no letters (such as 101A, 101B).
Year
Week – this identifies the calendar week the transfer was filed
MO/YR - this identifies the month and year the transfer was filed
Package Number
County where transfer is registered
Annals of Deeds number of volume
Page number of book
Proper noun of grantor (seller)
Grantors accost
Grantees name (purchaser)
Grantees Complete MAILING ADDRESS SDCL 7-ix-7
Legal description that reasonably describes the belongings being transferred SDCL 7-ix-10
Date filed in Register of Deeds part
Date of instrument (Found on Human action)
Type of Human action. If "other", please specify. See the Type of Deeds List (PDF) for more than information.
Other
Exemption Number – Required. See the statute and list of exemptions (PDF)for me information.
Transfer fee
Stated consideration (Found on Certificate of Value)

After completing the to a higher place items:

A transfer is to exist completed for ALL real holding transfers including contract for deeds, quitclaim deeds, consignment of contract for deeds, etc.
The original certification course is to be retained past the Register of Deeds. The transfer information must be certified and distributed at the cease of every month to the following:
1. County Auditor
2. Director of Equalization (along with Document of Value)
3. Section of Revenue