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REAL ESTATE LAWS & CUSTOMS BY STATE
ALABAMA Filed Warranty Deed Mortgage Title Company, approvedattorney, bank 6 months Varies; with commitment
or at closing Deed TaxNegotiable (Seller customarily pays in Jefferson/Shelby counties)
Negotiable Negotiable Negotiable Negotiable ALABAMA
ALASKA Filed Warranty Deed; Quitclaim Deed
Deed of Trust; Mortgage
Title or escrow company;others 6 months At closing Sometimes negotiated Included in premium Sometimes negotiated Not applicable Not applicable Negotiable;
usually divided equallyNegotiable; usually divided equally ALASKA
ARIZONA FiledWarranty Deed; Special Warranty Deed;Quitclaim Deed;
Deed of Trust; Mortgage
Title or escrow company;others 6 months When policy issues
Buyer pays difference if Extended Coverage Policy required
Included in premium Unless contract specifies otherwise
Not applicable Not applicable Divided equally ARIZONA
ARKANSAS Not Filed Warranty Deed Mortgage (preferred); Deed of Trust
Title or abstract company;attorney 6 months With commitment Deed Transfer
Tax Negotiable Negotiable Divided equally (unlessagreed upon otherwise) Not applicable Divided equally ARKANSAS
CALIFORNIA Filed Grant Deed Deed of Trust Title or escrow company;others Upon Request; 180 days When policy issues Documentary
Transfer TaxIf more than 35 years (including renewal options)
Varies by county Included in premium Sometimes Negotiated Varies for city taxes Not applicable Varies by county CALIFORNIA
COLORADO Filed Warranty Deed;Special Warranty Deed
Deed of Trust; Mortgage
Title or escrow company;others 6 months With commitment Documentary
Transfer Tax Included in premium Negotiable Not applicable Divided equally or by contract COLORADO
CONNECTICUT FiledWarranty Deed;Quitclaim Deed;Limited Warranty Deed
Mortgage Deed Attorney Upon Request;6 months With commitment
State/Municipal Real Estate Conveyance Tax
If less than 99 years (includingrenewals)
Not applicable Negotiable CONNECTICUT
DELAWARE FiledSpecial Warranty Deed; Quitclaim Deed; General Warranty Deed
Mortgage Attorney 6 months With commitment Realty Transfer TaxExcept residential leases more than 5 years
Sometimes Negotiated Divided equally Not applicable Negotiable DELAWARE
DISTRICT OF COLUMBIA FiledSpecial Warranty Deed (very rare: General Warranty &Quitclaim)
Deed of Trust; Mortgage (rare)
Title or escrow company;others 6 months With commitment Recordation Tax
If more than 30 years (including extensions)
Divided equally or by contract DISTRICT OF COLUMBIA
FLORIDA Promulgated Rate by FloridaDepartment of Financial Services Warranty Deed Mortgage Attorney; title company;
lender 6 months With commitmentDocumentary Tax (Dade County has surtax)
Documentary Tax,Intangible Tax
Unless assignment of lease for consideration
Buyer pays if residential in somecounties; commercial is negotiable Can be negotiated Can be negotiated Negotiable; usually
divided equallySeller: Deed; Buyer: Mortgage FLORIDA
GEORGIA Filed Warranty Deed Security Deed (aka, Deedto Secure Debt); Mortgage Attorney 6 months With commitment Intangible Recording
Tax Negotiable Unless contract specifiesotherwise
Some areas are abstractareas; fees vary Negotiable GEORGIA
HAWAII Not FiledWarranty Deed; Limited WarrantyDeed; Quitclaim Deed; Apartment Deed (for condos)
MortgageTitle or escrow company; others (must be licensed escrowdepository)
90 days At closing State ConveyanceTax
When unexpired term is 5 years or more
Seller 60%; Buyer 40% Included in premium Negotiable Not applicable Divided equally
Seller: recordation of deed; Buyer: recordation of mortgage
HAWAII
IDAHO FiledWarranty Deed; Corporate Deed;Quitclaim Deed (on occasion)
Deed of Trust; Mortgage (over 40 acres)
Title or escrow company;attorney; others 6 months Varies by office Included in premium Negotiable Not applicable Not applicable Divided equally Buyer: Deed of Trust, Mortgage;
Seller: Deed IDAHO
ILLINOIS Not Filed Warranty Deed Mortgage;Trust Deed
Title company; attorney;others 6 months With commitment
Real Estate Transfer Tax(State, County, sometimeslocal)
Certain leasehold transfers may be subject to tax
Varies for municipalities Not applicable Divided equally, or by contract ILLINOIS
INDIANA Not Filed Warranty Deed Mortgage Title company; others 90 days With commitment Varies by county Not applicable Not applicable Negotiable: Commercial;Buyer: Residential INDIANA
IOWANo title insurance companies arelicensed with the State; title policiesare written outside State
Warranty Deed; Quitclaim Deed; Trustees Deed, etc.
Mortgage Attorney or Iowa-basedescrow company 6 months With commitment Real Estate Revenue
Stamp Tax NegotiableBuyer: post-closing charges; Seller: preclosing abstract charges
Negotiable Not applicableNegotiable; usually Seller pays pre-closing exam/abstracting; Buyer pays post-closing charges
IOWA
KANSAS Filed Warranty Deed Mortgage Title or escrowcompany; others 6 months Varies; with commitment or
at closingMortgageRegistration Tax Varies by county
Sometimes buyer obtains survey or cost divided equally
Not applicable Divided equally KANSAS
KENTUCKY Filed Grant Deed; Bargain and Sale Deed Mortgage Attorney 6 months With commitment Deed Transfer
Tax Sometimes Negotiated Not applicable Sometimes Negotiated Buyer: recording fees; Seller: document prep fees KENTUCKY
LOUISIANA Filed Warranty Deed;Act of Sale Act of Mortgage Notaries public who
generally are attorneys 6 months With commitment Except NewOrleans
Except New Orleans
Except New Orleans Sometimes Negotiated Sometimes Negotiated Sometimes Negotiated Not applicable Not applicable Negotiated; may be
shared by parties LOUISIANA
MAINE FiledResidential: Warranty Deed;Commercial: Quitclaim Deed;Quitclaim Deed with covenant
Mortgage Title company; attorney;notary
Upon Request;6 months Normally at closing Real Estate Transfer
TaxSeller pays in Penobscot County Divided equally Not applicable MAINE
MARYLAND Filed Special Warranty Deed Deed of Trust; Mortgage (rare)
Title companies; sole practitioners; law firms; underwriter direct office
6 months At closing unless requested earlier
State and somecounties Recordation Tax
Ground & commercial more than 7 years
Seller for first-time MD home buyers; otherwise negotiable
Can be negotiated MARYLAND
MASSACHUSETTS Not Filed Quitclaim Deed Mortgage Attorney Upon Request;6 months At closing
Deed Excise Tax (Martha’sVineyard & Nantucket imposeadditional transfer fee)
Except for parts ofWorcester County Negotiable Not applicable Can be negotiated MASSACHUSETTS
MICHIGAN Filed Warranty Deed;Quitclaim Deed Mortgage Title or escrow company;
attorney; others 6 months With commitment State/County RealEstate Transfer Tax Included in premium Negotiable Not applicable
Divided equally; sometimes buyer pays additional loan closing fees
MICHIGAN
MINNESOTA FiledWarranty Deed; Limited WarrantyDeed; Quitclaim Deed; Trustee’s Deed;Personal Representative’s Deed, etc.
Mortgage Title or escrow company;attorney; lender 6 months With commitment State Deed Tax Mortgage
Registration Tax NegotiableSeller provides evidence of ownership; Buyer pays to examine evidence
Negotiable Shared by partiesSeller: pays to record Deed, releaseencumbrances; Buyer: pays to recordall other documents
MINNESOTA
MISSISSIPPI Not Filed Warranty Deed Deed of Trust Attorney 6 months With commitment Seller Negotiable Not applicable Not applicable Divided equally MISSISSIPPI
MISSOURI Risk rates are filed Warranty Deed Deed of Trust Title or escrow company;others 6 months Varies; with commitment
or at closing Varies by county Varies by countySometimes buyer obtains survey or cost divided equally
Not applicable Not applicable Divided equally MISSOURI
Title InsuranceRates
Form ofConveyance
State EncumbranceForms
CustomaryClosing Entity
CommitmentIssued? Duration?
When is InvoiceIssued? Deed Transfer Tax? Mortgage Tax? Leasehold Tax? Owner’s Policy
PremiumLoan PolicyPremium
Title Search& Exam Survey Charges Deed Transfer Tax Mortgage Tax Closing Fees Recording Fees
CUSTOMARY FEE SPLITS:171 N. Clark Street, 3rd floor, Chicago, IL 60601 • 312.223.4222
www.chicagocommercialcenter.comBuyer Pays to record deed & mortgage;Seller pays to record documents to remove encumbrances
Buyer Pays
Seller Pays
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CHICAGO TITLE INSURANCE COMPANY
REAL ESTATE LAWS & CUSTOMS BY STATE
MONTANA FiledWarranty Deed; Corporate Deed; Grant Deed
Deed of Trust; Trust Indenture; Mortgage (over 40 acres)
Title or escrow company;others 6 months At closing Included in premium Buyer: loan only transactions;
Negotiable: sales transactions Not applicable Not applicable Divided equally MONTANA
NEBRASKA FiledWarranty Deed; Trustee’s Deed;Personal Representative’s Deed;Guardian’s Deed
Deed of Trust; Mortgage
Title or escrow company;others 6 months Varies; with commitment
or at closingDocumentary Stamp Tax Divided equally Commercial: Buyer;
Residential: Divided Equally Included in premium Sometimes buyer obtains survey orcost divided equally Not applicable Divided equally NEBRASKA
NEVADA FiledGrant Deed; Bargain and Sale Deed; Quitclaim Deed; Trustee’s Deed
Deed of Trust; Mortgage (rare)
Title or escrow company;others
Upon Request; 6 months When policy issues Real Property
Transfer Tax Included in premium Buyer: Southern Las Vegas vicinity;Negotiable: Northern Reno vicinity
Negotiable in large commercial transactions Not applicable Divided equally;
can be negotiated NEVADA
NEW HAMPSHIRE Filed Warranty Deed; Quitclaim Deed Mortgage Attorney; title company Upon Request;
6 months Normally at closing If less than 99 years
Divided equally unless parties contract otherwise Not applicable Negotiable NEW HAMPSHIRE
NEW JERSEY FiledBargain and Sale Deed with covenants against grantor’s acts
Mortgage Attorney: North NJ; Title Company: South NJ 6 months Invoice with commitment;
paid at closingRealty Transfer Fee(RTF)
If less than 99 years
Unless otherwise agreedupon between parties Not applicable Sometimes split NEW JERSEY
NEW MEXICO Promulgated Rate by StateInsurance Department
Warranty Deed; New Mexico Real Estate Contract
Deed of Trust; Mortgage
Title or escrow company;others 6 months At closing Included in premium Sometimes Negotiated Not applicable Not applicable Divided per contract NEW MEXICO
NEW YORK Filed Warranty Deed (upstate); Bargain andSale Deed (downstate) Mortgage Attorney
With Title Report; final invoice presented/paid at closing
State; NYC; several local municipalities
State, NYC & counties
If term exceeds 49 years or contains option to purchase
NEW YORK
NORTH CAROLINA FiledWarranty Deed (typically); Special Warranty Deed or Non-Warranty Deed (sometimes)
Deed of Trust; Mortgage (rare) Attorney 6 months Invoice with commitment Excise Tax Except Currituck and
Dare counties Sometimes Negotiated Not applicable Negotiable NORTH CAROLINA
NORTH DAKOTA Filed Warranty Deed Mortgage;Deed of Trust (rare)
Title or escrow company;lender; attorney 6 months Invoice with commitment Sometimes Negotiated Not applicable Not applicable
Buyer customarily pays to record newmortgage; Seller pays to record documents totransfer ownership & remove encumbrances
NORTH DAKOTA
OHIO FiledWarranty Deed; Limited Warranty Deed; Quitclaim Deed; Fiduciary Deed
Mortgage Title or escrow company;others 6 months Invoice with commitment Real Property
Conveyance FeeNegotiable; usually divided equally Sometimes Negotiated Not applicable Negotiable;
usually divided equally OHIO
OKLAHOMA Not Filed Warranty Deed (Quit Claim Deed with underwriting approval)
Real Estate Mortgage; Power of Sale Mortgage (rare)
Title or escrow company;others
180 days from date of abstract certification
With commitment or atclosing
Documentary Stamp Tax Sometimes Negotiated Negotiable;
usually divided equally OKLAHOMA
OREGON FiledStatutory Deeds: Warranty, Special Warranty, Bargain and Sale
Deed of Trust; Mortgage (rare)
Licensed escrow agent; titlecompany with escrow license
Upon Request;90 days At closing Except Washington
County Included in premium Washington County only;divided equally Not applicable Negotiable Divided equally;
can be negotiated OREGON
PENNSYLVANIA Filed Special Warranty Deed;General Warranty Deed
Mortgage;Deed of Trust (rare)
Title or escrow company;others 6 months Invoice with commitment
Realty Transfer Tax (state, local municipalities & school districts)
If 30 years or longer(Including options to renew)
Divided equally Not applicable Included in premium PENNSYLVANIA
RHODE ISLAND FiledWarranty Deed; Quitclaim Deed; Bargain & Sale Deed
Mortgage Attorney; title company 6 months Invoice with commitment Real EstateConveyance Tax
Unless otherwise agreedupon between parties Not applicable RHODE ISLAND
SOUTH CAROLINA Filed General Warranty Deed Mortgage Attorney 6 months Invoice with commitment Deed Recording Fee Sometimes Negotiated Not applicable SOUTH CAROLINA
SOUTH DAKOTA Filed Warranty Deed Mortgage Title or escrow company;lender; attorney 6 months Invoice with commitment Real Estate
Transfer Tax Divided equally Or included in premium Sometimes Negotiated Not applicableBuyer: recordation of new mortgage;Seller: recordation of Deed;release of encumbrances
SOUTH DAKOTA
TENNESSEE Filed Warranty Deed; Quitclaim Deed;
Deed of Trust; Mortgage (rare)
Title or escrow company;attorney 6 months With commitment or at
closing Negotiable Negotiable; some countiesinclude in premium Negotiable Divided equally TENNESSEE
TEXAS Promulgated Rate by StateInsurance Department
Warranty Deed; Special Warranty Deed
Vendor’s Lien retained in Deed; StateBar of TX form Deed of Trust; Lenderprepared Deed of Trust
Title company; lender;attorney 90 days At closing Included in premium Included in premium Not applicable Not applicable Negotiable
Buyer pays to record mortgage; Seller pays to record deed & documents to remove encumbrances
TEXAS
UTAH Filed Warranty Deed; Special Warranty Deed
Mortgage;Deed of Trust Title or escrow company 6 months At closing; sometimes
when policy issues Included in premium Not applicable Not applicable Divided equally UTAH
VERMONT FiledWarranty Deed; Quitclaim Deed; Fiduciary’s Deed with a license to sell
Mortgage Deed Attorney; paralegal (under directsupervision of attorney in ministerialmanner)
Almost Always; 6 months Invoice with commitment Property TransferTax
If less than 50 years Sometimes negotiated Not applicable Negotiable Buyer pays to record deed;
Seller to record clearance docs VERMONT
VIRGINIA Not filed, but are requiredto be published
General Warranty Deed;Special Warranty Deed
Deed of Trust; Mortgage (rare)
Attorney; title company; real estate broker; bank 6 months Invoice with commitment State/Local Grantee
Tax; Grantor TaxState/localGrantee tax
State, city, countytaxes may apply Sometimes Negotiated Buyer: State/Local Grantee
tax; Seller: Grantor Tax Negotiable VIRGINIA
WASHINGTON FiledStatutory Deeds: Warranty, Bargainand Sale, Quitclaim; other non-statutory and special deeds
Deed of Trust; Mortgage; Long term real estate contract (seller financing)
Attorney; Licensed LimitedPractice Officer (LPO) 6 months At closing Real Estate Excise
TaxImprovementsmay be taxed
Seller: standard coverage; Buyer:endorsements, extended coverage Included in premium Sometimes Negotiated Not applicable Divided equally; can be
varied by agreement WASHINGTON
WEST VIRGINIA Filed General Warranty Deed; SpecialWarranty Deed; Quitclaim Deed
Deed of Trust; Mortgage (rare) Attorney 6 months Invoice with commitment State/County Excise
Taxes Sometimes Negotiated Not applicable WEST VIRGINIA
WISCONSIN Filed Warranty Deed; Installment Land Contracts Mortgage Title or escrow company;
others 6 months Invoice with commitment Real Estate Transfer Fee
If less than 99 years Included in premium Negotiable Not applicable Buyer: loan closing fees
Seller: deed closing fees WISCONSIN
WYOMING Filed Warranty Deed; Quitclaim Deed
Mortgage “with Power of Sale"; Trust Deed (rare)
Title or escrow company;attorney; others 6 months Invoice with commitment Included in premium Negotiable Not applicable Not applicable Divided equally Seller: recording of the deed;
Buyer: recording of the mortgage WYOMING
Title InsuranceRates
Form ofConveyance
State EncumbranceForms
Customary Closing Entity
CommitmentIssued? Duration?
When is InvoiceIssued? Deed Transfer Tax? Mortgage Tax? Leasehold Tax? Owner’s Policy
PremiumLoan PolicyPremium
Title Search& Exam Survey Charges Deed Transfer Tax Mortgage Tax Closing Fees Recording Fees
CUSTOMARY FEE SPLITS:Additional information available at www.ntiweb.comBuyer Pays to record deed & mortgage;Seller pays to record documents to remove encumbrances
Buyer Pays
Seller Pays
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This information is furnished as a service to our customers. Although great care has been taken to provide accurate and complete information, state laws and procedures change. Please contact Chicago Title Insurance Company or visit www.ntiweb.com for updated information or consult a local attorney for specific questions of law. Form# 4421 Reprinted (1/2013)
(can be extended)
New York style closing requires simultaneous transfer of documents and consideration at meeting of parties. Recording takes place later. Buyer pays most closing costs, including title insurance. Seller usually pays NYC transfer tax andpays state transfer tax unless contractually negotiated to Buyer. Search and Exam charges are included in premium in Zone 2 but not in Zone 1.
CHICAGO TITLE INSURANCE COMPANY