Title 101: Making Sense of Title Insurance in Commercial Transactions

492 DCNCS.CTIC.COM CTIC NCS LAWS & CUSTOMS BY STATE State Title Ins Rates Forms of Conveyance Encumbrance Forms Customary Closing Entity Commitment Issued? Duration? When is Invoice Issued? Deed Transfer Tax Mortgage Tax ALABAMA Filed Warranty Deed Mortgage Title Company; approved attorney; bank Y 6 months With commitment or at closing Y Deed Tax Y ALASKA Filed Warranty Deed Deed of Trust; Mortgage (rare) Title Company; approved attorney; bank Y 6 months Varies by office N N ARIZONA Filed Warranty Deed; Special Warranty Deed; Quitclaim Deed Deed of Trust; Mortgage Title or escrow company; others Y 6 months When policy issues N N ARKANSAS Not Filed Warranty Deed Mortgage (preferred); Deed of Trust Title of abstract company; attorney Y 6 months With commitment Y Deed Transfer Tax N CALIFORNIA Filed Grant Deed Deed of Trust Title or escrow company; others Upon request; 180 days When policy issues Y Documentary Transfer Tax; some local municipalities N COLORADO Filed Warranty Deed; Special Warranty Deed Deed of Trust; Mortgage Title or escrow company; others Y 6 months With commitment Y Documentary Transfer Tax N CONNECTICUT Filed Deeds: Warranty; Quitclaim; Ltd Wty; Special Wty; Trustee; Executor’s; Certifcate of Devise Mortgage Deed Attorney Upon request; 6 months With commitment Y State/Municipal Real Estate Conveyance Tax N DELAWARE Filed Special Warranty Deed; rare: Quitclaim Deed and General Warranty Deed Mortgage Attorney Y 6 months With commitment Y Realty Transfer Tax N DISTRICT OF COLUMBIA Filed Special Warranty Deed (very rare: General Wty & Quitclaim) Deed of Trust; Mortgage (rare) Title or escrow company; others Y 6 months With commitment Y Transfer Tax & Recordation Tax Y Recordation Tax FLORIDA Filed Warranty Deed Mortgage Attorney; title company; lender Y 6 months With commitment or at closing Y Documentary Tax (Miami-Dade County has Surtax) Y Documentary Tax; Intangible Tax GEORGIA Filed Warranty Deed; Ltd. Wty. Deed; Quitclaim Deed Security Deed (aka Deed to Secure Debt) Commercial attorney or escrow agent, Residential attorney Y 6 months With commitment Y Real Estate Transfer Tax Y Intangible Recording tax HAWAII Customarily led, not legal requirement Deeds: Warranty; Ltd Wty; Quitclaim; Apartment (condos) Mortgage Title or escrow company; others (must be licensed escrow depository) Y 90 days At closing Y State Conveyance Tax N IDAHO Filed Warranty Deed; Corporate Deed; Quitclaim Deed (on occasion) Deed of Trust; Mortgage (over 40 acres) Title or escrow company; attorney; others Y 6 months Varies by office N N ILLINOIS Not Filed Warranty Deed Mortgage; Trust Deed (allowed but disfavored) Title company; attorney; others Y 6 months With commitment Y Real Estate Transfer Tax (State, County, sometimes local) N INDIANA Filed Warranty Deed Mortgage Title company; others Y 90 days With commitment N N IOWA N/A; policies written outside state Warranty Deed; Quitclaim Deed; Trustees Deed; etc. Mortgage Attorney or Iowa-based escrow company Y 6 months With commitment Y Real Estate Revenue Stamp Tax N KANSAS Filed Warranty Deed; Special Wty Deed; Trustee’s Deed Mortgage Title or escrow company; others Y 6 months With commitment or at closing N N KENTUCKY Filed Warranty Deed; Special Wty Deed; Trustee or Fiduciary Deed Mortgage Attorney; title company Y 6 months With commitment Y Deed Transfer Tax N LOUISIANA Filed Warranty Deed; Act of Sale Act of Mortgage Notaries public who generally are attorneys Y 6 months With commitment N Except New Orleans Documentary Transaction Tax N Except New Orleans Documentary Tax MAINE Filed Commercial: Quitclaim Deed; Quitclaim with covenant; Residential: Warranty Deed Mortgage Title company; attorney; notary Y 180 days At closing Y Deed Excise Tax N MARYLAND Filed Special Warranty Deed Deed of Trust; Mortgage (rare) Title company; sole practitioner; law firm; underwriter direct office Y 6 months At closing unless requested earlier Y State: Transfer Tax; County: Transfer & Recordation Tax Y Recordation Tax MASSACHUSETTS Not Filed Quitclaim Deed Mortgage Attorney Upon request; 180 days At closing Y Deed Excise Tax N MICHIGAN Filed Deeds: Warranty; Quitclaim; Covenant; Trustee’s; Personal Reprepsentative’s; Sherriff’s Mortgage Title or escrow company; attorney; others Y 6 months With commitment Y State/County Real Estate Transfer Tax N MINNESOTA Filed Deeds: Warranty; Ltd Warranty; Quitclaim; Trustee’s; Personal Representative’s Mortgage Title or escrow company; attorney; lender Y 6 months With commitment Y State Deed Tax Y Mortgage Registration Tax MISSISSIPPI Not Filed Warranty Deed; Quitclaim Deed (with underwriter approval) Deed of Trust Attorney Y 90 days With commitment N N MISSOURI Risk Rates are Filed Warranty Deed; Special Wty Deed; Trustee’s Deed Deed of Trust Title or escrow company; others Y 6 months With commitment or at closing N N 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.CTIC.com/Commercial or www.Chicago.ntiweb.com for updated information or consult a local attorney for specific questions of law.

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