Saturday, November 18, 2017
     

Real Estate Sales
Validation Questionnaire - Requirement

No deed or instrument providing for the transfer of title to real estate or affidavit of equitable interest in real estate shall be recorded in the office of the register of deeds unless such deed, instrument, or affidavit shall be accompanied by a completed real estate sales validation questionnaire by the grantor, grantee, or agent concerning the property transferred. No questionnaire is required if the deed instrument or affidavit falls under the following exemptions:
 
1. Recorded prior to the effective date of this act, i.e., July 1, 1991
2. made solely for the purpose of securing or releasing security for a debt or other obligation
3. made for the purpose of confirming, correcting, modifying, or supplementing a deed previously recorded, and without additional consideration
4. by way of gift, donation, or contribution stated in the deed or other instruments
5. to cemetery lots
6. by leases and transfers of severed mineral interests
7. to a trust, and without consideration
8. resulting from a divorce settlement where one party transfers interests in property to the other
9. made solely for the purpose of creating a joint tenancy or tenancy in common
10. by way of a sheriff's deed
11. By way of a deed which has been in escrow for longer than five years
12. By way of a quit claim deed filed for the purpose of clearing title encumbrances
13. when title is transferred to convey right-of-way or pursuant to eminent domain
14. made by a guardian, executor, administrator, conservator, or trustee of an estate pursuant to judicial order
15. When title is transferred due to repossession
16. Made for the purpose of releasing an equitable lien on a previously recorded affidavit of equitable interest, and without additional consideration.

When a real estate sales validation questionnaire is not required due to one or more of the exemptions provided in 1-16 above, the exemption shall be clearly stated on the document being filed.