Real Estate Recording

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Documents signed on or after July 1, 2005, must meet document formatting standards pursuant to Iowa Code Chapter 331.606B. A $10.00 non-standard fee will be charged for all documents that do not conform to the requirements. The $10.00 non-standard may not apply to legibility requirements, original signatures & all documents of conveyance must show the name & address of the taxpayer. Exempt from these requirements include Plats, Federal Tax Liens, Federal Tax Releases and Military Papers.

First page requirements include a 3” top margin; below the 3” margin: the name, address, and telephone number of the individual who prepared the document; the name and a complete mailing address of the taxpayer for any document of transfer; a return address; the names of all grantors and grantees and the legal description. If insufficient space exists, the page number reference for any of the information shall be noted on the first page.

Effective July 1, 2011, all legal documents filed in this office will be $7.00 for the first page and $5.00 for each additional page. The auditor's fee of $5.00 per parcel for conveyances of property remains the same.

All legal documents shall be no larger than 8 ½ inches by 14 inches and shall be printed only on one side and may not be permanently bound or in a continuous form and must be printed on white paper. All preprinted text shall be at least eight point in size and no more than twenty characters and spaces per inch. All other text typed or computer generated, including but not limited to all names of parties to an agreement, shall be at least ten point in size and
not more than sixteen characters and spaces per inch. All documents must be legible and reproducible and all original signatures shall be in black or dark blue ink and of sufficient color and clarity to ensure that the signatures are readable when the document is reproduced. All names shall be typed, printed or stamped beneath the original signature. [Iowa Code, 331.606B(1b)].

Effective July 1, 2002, the preparer of a document shall not include an individual’s federal social security number on any document that is to be recorded in the county recorder’s office. Exempted from this legislation are state and federal tax liens and military separation documents. In addition, military documents are prohibited from being accessible over the Internet.

Documents must be dated, notarized and acknowledgment dated. As of Jan. 1, 2002 your Notary stamp or seal must include the following information: The words “Notary Seal” and “Iowa” or State being notarized in; Your name (exactly as it appears on the commission certificate); The words “Commission Number” followed by the expiration date or a blank line to write in the date. Corporate seals should be affixed, including City and County Seals, and use corporate acknowledgment when appropriate. Complete legal description, including lot, block, addition and city, or section, township and range as it is shown on the Deed is required. Legal descriptions from Auditor’s Office or GIS Websites do not have complete legal descriptions.

On documents that release or assign one mortgage, the fee is $7.00 for the first page. If the notation of said release affects more than one mortgage a fee of $7.00 for each notation is charged.

County offices shall keep overpayment of moneys paid to the county amounting to $5.00 or less, unless the person who made the overpayment requests a refund of the overpayment.

In addition to the above, DEEDS require the following:

All Deeds that convey land will require an additional $5.00 fee for transfer on the Auditor’s plat books for a parcel of contiguous land within a numbered section, platted block or subdivision separated only by a public street, alley or


highway. The fee shall not exceed $50.00 for transfer of property in one document. Deeds fulfilling a Contract should note on the face of the deed the Book & Page or Document number of the Contract it is fulfilling. Revenue fees are also due at this time.

Effective July 1, 2004 Change of Title is required to be recorded when a life estate is terminated.

When filing a Contract, re-recorded Contract, an Assignment of Contract, Amendment of Contract & Notice of Forfeiture & Subdivision Platting Procedures an Auditor’s transfer fee is also collected & the Auditor is to enter these in their transfer books, with the exception of Assignment of Contracts for collateral only.

Revenue tax affixed to represent the full sale price over $500.00 (Chart available at Recorder’s office or www.state.ia.us/tax. If exempt from revenue tax, exemption must be so stated on the face of the document. (Exemptions are listed in Code of Iowa Chapter 428a.2)

Any deed recorded after January 1, 1979 will be refused for recording unless a Declaration of Value Statement is submitted with the document. Social Security numbers or Federal ID numbers of the Seller and Buyer must be included on the Declaration of Value Statement. This applies also to any document conveying property; Contracts and Assignments of Contracts and Quit Claim Deeds. Certain documents are exempt from the Declaration of Value (see instructions with form).

Effective July 1, 1987 each Declaration of Value submitted to the Recorder must ALSO have a Groundwater Hazard Statement submitted with it. (Code of Iowa Sec. 558.69) Groundwater Hazard Statements are exempt on all conveyances that are exempt of Declaration of Value except SUBDIVISION PLATS.

Effective July 1, 2009, an inspection of a private septic sewer system will be required when a certain property is sold or transferred. The new Groundwater Hazard Statements will be required on documents of transfer dated July 1, 2009 and after (see instructions for exceptions). If an inspection is required, it shall be attached to the Groundwater form and be recorded. Title abstracts to property with private sewage systems shall include documentation of the requirements. New forms and instructions can be printed off of our Forms Page or downloaded from the Iowa DNR website: http://www.iowadnr.com/other/gwhaz.html or Iowa Title Guaranty Website: www.iowafinanceauthority.gov/en/title_guaranty_division/time_of_transfer_septic_inspection

PLATTING PROCEDURES OF NEW SUBDIVISIONS

Platting Procedures of New Subdivisions should include the Dedication from owner to Name of Subdivision, Plat of Survey no bigger than 11x17, Resolution from City or County, Certificate from County Treasurer, County Auditor’s Acceptance, Title Opinion & Covenants (if any) (Covenants can be filed separately) Easements should be filed separately. All of these documents should have original signatures along with City and/or County Seals. (See Chart for fees)

UCC FINANCING STATEMENT S (UCC Forms www.sos.state.ia.us)

1. Only UCC Financing Statements containing realty-related collateral – (a) fixtures, (b) as-extracted collateral or (c) timber to be cut – should be filed in land recording offices. These realty-related collateral filings should be filed where the land is located.
a. Forms – NATIONAL STANDARD FORMS-CRITERIA AND NOTICE-
Financing Statement (UCC 1 and UCC 1Ad) and Financing Statement Amendment (UCC3 and UCC 3Ad) forms should be used exclusively. All other forms submitted for realty-related collateral will be rejected. (See Chart for fees)

2. UCC Standard Forms are now filed at the Secretary of State’s Office.

3. REQUESTS FOR INFORMATION SEARCHES:


Use UCC 11 Search form. Since 7-1-2001 we do not file, but do record, any realty related UCC Amendments, Assignments, Continuations, or Terminations in the UCC file, even for those pre-existing realty-related UCCs. We will stamp all searches with a red stamp saying “CAUTIONARY NOTICE OF SEARCH” because they may not reflect all of the filings.
UCC Terminations for non-real estate filed before 7-1-2001 are filed on UCC 1 forms. Use only first page. (See Chart for fees)

DOCUMENT RECORDING FEES

 DOCUMENT TYPE  FIRST PAGE  TRANSFER FEE  ADDITIONAL PAGES
 Affidavits (All Except Change)  $7.00    $5.00
 Affidavits (Change)  $7.00  $5.00  $5.00
 Agreements    $7.00    $5.00
 Amendments (see more info)  $7.00    $5.00
 Assignments (see more info)  $7.00  $5.00
 Bill of Sale  $7.00  $5.00
 Condemnations  $7.00  $5.00  $5.00
 Contracts (see more info)  $7.00  $5.00  $5.00
 Corner Certificates  $7.00  $5.00
 Deeds (see more info)  $7.00  $5.00  $5.00
 Easements  $7.00  $5.00
 Federal Tax Liens  $7.00    $5.00
 Leases  $7.00  $5.00
 Military Service Records  
 Mortgages  $7.00  $5.00
 Notice of Foreclosure  $7.00  $5.00
 Platting Procedures of New Subdivisions (see more info)  $7.00  $5.00  $5.00
 Power of Attorney  $7.00  $5.00
 Releases (see more info)  $7.00  $5.00
 State Tax Liens  $7.00  $5.00
 Surveys  $7.00  $5.00
 Trade Names  $7.00  $5.00

UCC FINANCING STATEMENT FEES

 DOCUMENT TYPE  FIRST PAGE  ADDITIONAL PAGES
 RECORDED FORMS OR FORMS WITH ATTACHMENTS 
    UCC-1 (Fixture Filing and Addendum) 
    UCC-3 (Continuation) 
    UCC-3 (Assignment) 
    UCC-3 (Amendment) 
 $7.00  $5.00 Each
 RECORDED TERMINATIONS 
    UCC-3 (Termination) 
    UCC-3 (Partial Termination)
 $7.00  $5.00 Each

 UCC TERMINATION FOR NON-REAL ESTATE FILED BEFORE 7-1-01 
    These are filed on UCC-3 Forms 1st page only

 $5.00  
 REQUEST FOR INFORMATION 
        UCC-11 Form 

 $5.00

 
        Copies  $1.00