Your Guide to Real Estate Customs by State

State

Alabama

Alaska

Arizona

Arkansas

California

Colorado

Connecticut

Delaware

District of

Columbia

Florida

Georgia

Hawaii

Idaho

Illinois

Indiana

Iowa

Kansas

Kentucky

Louisiana

Maine

Maryland

Massachusetts

Michigan

Minnesota

Mississippi

Missouri

First American Title National Commercial Services

Real Estate Customs by State

Title Insurance Rates

No title insurance companies are licensed within

the state. Title policies written outside state.

Filed Rate

Not Filed

Filed Rate

Promulgated Rate by

State Insurance Department

Published Rate

Posted Rate

Filed Rate

Not Filed

Filed Rate

Filed Rate up to $500,000

Filed Rate

Filed Rate up to $1 million

Filed Rate

Filed Rate up to $1 million

Not Filed

Filed Rate

Not Filed

Form of Conveyance

Warranty Deed

or Act of Sale

Warranty Deed

Grant Deed

Warranty Deed, Special Warranty Deed,

Bargain and Sale Deed (rare), or Quitclaim Deed

Warranty Deed

Quitclaim Deed

Special Warranty Deed

or Warranty Deed

Warranty Deed

Warranty Deed, Special Warranty Deed,

Quit-Claim Deed

Warranty Deed

Warranty Deed, Special Warranty Deed,

Quit-Claim Deed

Warranty Deed

Special Warranty Deed (preferred)

Quitclaim Deed

Warranty Deed

State Encumbrance Forms

Deed of Trust/Public

Trustee for each County

Deed of Trust\Mortgage

Deed of Trust

Mortgage

Deed of Trust

Mortgage

Deed of Trust

Mortgage

Deed of Trust with

Private Power of Sale

Mortgage

Deed to Secure Debt

Mortgage (rare)

Mortgage

Deed of Trust

Mortgage

Mortgage (rare)

and Deed of Trust

Mortgage

Deed of Trust

Mortgage

Preliminary Report

or Commitment

Commitment Only

Preliminary Report;

Commitment upon request

Commitment Only

Commitment; Preliminary Report for

informational reports

Commitment Only

Deed Transfer Tax

Recordation Tax, State Transfer Tax

and Country Transfer Tax

Documentary Fee

City Transfer Fee (in some cities)

Recordation Tax

Based on full consideration set forth

in Affidavit of Value

County Documentary Transfer Tax

City Tax (in some cities)

City Conveyance Tax

State Conveyance Tax

State Transfer Tax

Local Transfer Tax

Transfer Tax

Recordation Tax

Real Estate Transfer Tax must be accompanied

by Real Estate Transfer Tax Declaration Form

State Conveyance Tax Certificate Form must

accompany Deeds, Leases & Assignments thereof,

and Agreements of Sale

Documentary Stamp Tax plus surtax (in

Miami-Dade County)

State, County and in some cases, a

Municipal Transfer Tax

Real Estate Transfer Tax. A Real Estate Transfer Declaration

of Value and a Ground Water Hazard Statement must

accompany all Deeds to be recorded.

Sales Validation Questionnaire must

accompany all Deeds to be recorded

Orleans Parish Only

A Declaration of Value must accompany

Deeds to be recorded

Deed stamps based on consideration in Deed.

Extra county taxes in Barnstable. Land Bank fee

in Dukes & Nantucket Counties

Based on full consideration set forth on

face of Deed or on a Real Estate Transfer

Tax Valuation Affidavit

State Deed Tax. A Certificate of Real Estate

Value and Well Disclosure Certificate must accompany

all Deeds to be recorded

Yes; most documents must be approved by a

Maryland attorney prior to recordation

Attorney State

Varies by location

Licensed LA attorney must examine title & render written

title opinion. All commitments & policies must be signed

by LA Licensed Producer

Yes

UCC Status: Nearly all states are authorized for UCC Insurance.

UCC Designation: Property & Casualty States: Alabama, Arizona, Arkansas, Colorado, Connecticut, Georgia, Idaho, Indiana, Kansas, Kentucky, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Jersey, New Mexico, North Carolina, Ohio, Oregon, Pennsylvania, South Carolina, Tennessee.

Title Insurance States: Alaska, California, Delaware, District of Columbia, Florida, Hawaii, Illinois, Iowa, Louisiana, Maine, Maryland, Massachusetts, Montana, Nevada, New York, North Dakota, Oklahoma, Pennsylvania, Rhode Island, South Dakota, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming.

Source for eClosing RON status: https://www.firstam.com/title/eclosing/

State

Alabama

Alaska

Arizona

Arkansas

California

Colorado

Connecticut

Delaware

District of

Columbia

Florida

Georgia

Hawaii

Idaho

Illinois

Indiana

Iowa

Kansas

Kentucky

Louisiana

Maine

Maryland

Massachusetts

Michigan

Minnesota

Mississippi

Missouri

First American Title National Commercial Services

Real Estate Customs by State

Mortgage Tax

Counties vary; may haveDocument Stamp,

Recording Tax and County Transfer Tax

Yes

Recordation Tax on Money loaned subject to

any applicable exemptions

Both Documentary Stamp Tax &

Non-Recurring Intangible Tax

Intangible Recording Tax

Mortgage Registration Tax No mortgage tax.

It was phased out January 1, 2019

Documentary transfer tax in

Orleans Parish Only

Mortgage Registry Tax

Leasehold Tax

Excludes leases with terms of less than 30 years

including options to renew

Yes

Unless duration is tantamount to

a conveyance, e.g., 99 years

Unless lease exceeds 5 years

No: Unless there is a determinable consideration other

than the future duty to pay rent (for example, assignment

of leasehold)

Applied where unexpired term is for 5 years

or more – See Deed Transfer Tax

Assignments of lessee’s interest in a lease with a term of 30 years

or more. Affects state, county, Chicago and other municipalities.

Chicago also taxes creation of long-term ground leases

Orleans Parish Only

Yes: State Transfer and State Recording Tax do not apply to

leases of 7 years or less with renewals of 7 years or less;

County Transfer Tax varies

Unless duration is tantamount to

a conveyance, e.g., 99 years

Yes: Applies to all leases of 35 years or more;

whether options to extendare counted for lease

term varies by County

UCC Designation

Title

P&C

Title

P&C

Title

P&C

Title

P&C

Title

P&C

Title

P&C

Title

P&C

Title

P&C

UCC Status

Authorized

eClosing: RON status

Legislation Pending

Legislation proposed,

not passed

Law Passed

No Legislation

Legislation Pending

No Legislation

Law Passed

Legislation Pending

Law Passed

Legislation Pending

Law Passed

No Legislation

Law passed and awaiting required rules

Law Passed

Legislation Pending

Law Passed

Legislation Pending

Law Passed

No Legislation

Legislation Pending

Yes

UCC Status: Nearly all states are authorized for UCC Insurance.

Source for eClosing RON status: https://www.firstam.com/title/eclosing/

State

Alabama

Alaska

Arizona

Arkansas

California

Colorado

Connecticut

Delaware

District of

Columbia

Florida

Georgia

Hawaii

Idaho

Illinois

Indiana

Iowa

Kansas

Kentucky

Louisiana

Maine

Maryland

Massachusetts

Michigan

Minnesota

Mississippi

Missouri

First American Title National Commercial Services

Customary Standard Fee Splits

Buyer

Seller

Transfer Taxes

N/A

Divided Equally

All deeds must be accompanied by a Conveyance

Tax Return even if transfer is exempt

N/A Affidavit of Real Property Value must be

submitted with deed for recording. Seller pays

for filing

Customarily Split

N/A

Negotiable, usually Seller

Buyer pays Recordation Tax

Seller pays Transfer Tax

N/A

Negotiable, usually Divided Equally

Varies

Divided Equally

N/A

Negotiable, usually Seller

Seller pays County tax

City tax varies

Local transfer tax determined by municipal ordinance

Seller pays State and County

Loan Policy

Negotiable

Negotiable, usually Buyer

Escrow Fees

Negotiable

Divided Equally

Negotiable

Varies by County

Negotiable

Divided Equally

Negotiable, usually

Divided Equally

Negotiable

Divided Equally

Negotiable, usually

Divided Equally

Negotiable, Divided Equally if

purchase contract silent

Negotiable. Divided Equally unless

otherwise negotiated

Negotiable, usually

shared by parties

Generally Buyer pays

but negotiable

Negotiable

Divided Equally

Negotiable

Seller pays pre-closing exam and abstracting

Buyer pays post-closing charges

Negotiable

Negotiable, usually Buyer

Search: Exam, Attorney,

Abstract Fees

Negotiable

Included in premium

Included in premium for most counties except

for multi-chains of title or special services.

Third-party vendor charges may also apply.

Included in premium

Negotiable, usually Seller

Negotiable

Negotiable, usually Seller

May be charged as Additional Fees

Included in premium

Negotiable

Included in premium unless extra chain charges

or a long/historical search

Negotiable, usually paid by Seller

Negotiable, usually Buyer

Varies by County - Negotiable

Seller pays pre-closing and abstract charges

Buyer pays post-closing charges

Buyer pays loan policy charges

Seller pays any abstract charges – fees vary

Negotiable, usually Buyer

Recording/Filing Fees

Negotiable

Seller pays recording fees on

documents needed to clear title

Negotiable, usually Buyer

Divided Equally

Buyer pays to record Deed & Mortgage

Seller pays for recording docs to remove encumbrances

Buyer pays all other recording fees

Seller pays for recording release of encumbrances

Buyer pays for recording Deed & Mortgage documents

Seller pays for recording of releases

Negotiable

Varies

Buyer pays all other recording fees

Seller pays release of encumbrances

Buyer pays to record Deed & Mortgage

Seller pays for recording docs to remove encumbrances

Varies by County - Negotiable,

normally Buyer

Buyer pays for per page cost of deed recording

Seller pays transfer tax

Buyer pays recording fees

Seller pays release recording fees

Buyer pays for Deed of Trust or Mortgage

Seller pays to record conveyance Deed and release docs

Buyer pays for recording Deed and Mortgage docs

Seller pays for recording of releases

Negotiable, usually Buyer pays for instruments

of conveyance and financing

Seller pays for instruments to clear title

Buyer pays recording fees

Seller pays release recording fees

Buyer pays for recording of Deed

Negotiable, usually Buyer

Negotiable, usually Buyer for

recording fees || Seller pays for removing

encumbrances

Owner’s Policy

Negotiable

Varies

There is no regulation regarding who typically pays premium however, customarily,

seller pays in Florida with the exception of Miami-Dade, Broward and Palm Beach

counties. Orange County was once typically seller but we are now seeing that

county as negotiable

Commerical - negotiable

Typical residential split -

Buyer 40% and Seller 60%

Negotiable, usually Seller

Negotiable

Negotiable, usually Buyer

Varies by County - Negotiable

Negotiable

Negotiable, usually Buyer

Negotiable, usually Seller

Seller pays for standard coverage of premium

Negotiable, usually Buyer pays for extended coverage portion of premium

UCC Status: Nearly all states are authorized for UCC Insurance.

Source for eClosing RON status: https://www.firstam.com/title/eclosing/

First American Title National Commercial Services

Real Estate Customs by State

Yes

Title Insurance Rates

Filed Rate

Filed Rate up to $1 million

Promulgated Rate by

State Insurance Department

Filed Rate

Not Filed

Filed Rate

Filed Rate through the Title Insurance Rating

Bureau of Pennsylvania (TIRBOP)

Filed to $2MM

Filed Rate

Promulgated Rate by

State Insurance Department

Filed Rate up to $1 million

Filed Rate

Not Filed

Filed Rate

(Subject to State sales tax)

Form of Conveyance

Customary (non-statutory) forms are Warranty

Deed and Quitclaim Deed

Warranty Deed

Grant Deed

Bargain and Sale Deed

Quitclaim Deed

Warranty Deed

Quitclaim Deed

Bargain and Sale Deed

Warranty Deed

New Mexico Real Estate Contract

Warranty Deed (Zone 1)

Bargain and Sale Deed (Zone 2)

Warranty Deed

Quitclaim Deed

Limited Warranty Deed

Warranty Deed

Statutory: Warranty Deed, Special Warranty Deed,

Bargain and Sale Deed and Quitclaim Deed (rare)

Special Warranty Deed

Warranty Deed

Quitclaim Deed

Bargain and Sale Deed

Warranty Deed

Quitclaim Deed

Special Warranty Deed

Warranty Deed

Special Warranty Deed

Warranty Deed

Quitclaim Deed

Fiduciary Deed

Warranty Deed

Special Warranty Deed

Statutory Warranty Deed,

Bargain and Sale Deed

Warranty Deed

State Encumbrance Forms

Land Sales Contract

Deed of Trust

Mortgage (not to exceed 40 acres)

Deed of Trust

Mortgage

Deed of Trust

Mortgage

Deed of Trust

Mortgage

Deed of Trust

Mortgage (rare)

Mortgage

Deed of Trust

Mortgage (rare)

Deed of Trust

Mortgage (rare)

Deed of Trust

Mortgage

Deed of Trust

Mortgage

Deed of Trust

Mortgage

Deed of Trust

Mortgage

Preliminary Report

or Commitment

Commitment Only

Certificate of Title

Commitment Only

Preliminary Report;

Commitment upon request

Commitment Only

Attorney State

Abstracts and Attorneys’ opinions are required

o issue any title insurance commitment

Abstracts and Attorneys’ opinions are required

to issue any title insurance policy

Varies per location

Yes

Policy must be signed by a licensed abstractor

for a fee in county where property is located

Deeds must be prepared by a

non-title company attorney

Attorney must certify title, prepare Deeds and

Deeds of Trust and conduct settlement

Deed Transfer Tax

$2.25 per thousand: Documentary Stamp Act

Real Estate Transfer Statement filed with Deed

Real Property Transfer Tax

Realty Transfer Fee and Mansion Tax

Excise tax on conveyances

(plus additional transfer tax in

some coastal counties)

No tax required, but deed must be recorded

with a Statement of Full Consideration

Amount varies by County from $1 - $4/$1000.

$0.50 per parcel transfer tax

Warranty Deed: tax on greater of consideration paid or

property value Quitclaim Deed: tax on consideration paid

Documentary Stamp Tax

Real Property Transfer Tax

assessed in Washington County only

Realty Transfer Tax

Real Estate Conveyance Tax

Documentary Stamp Tax

Certificate of Real Estate Value must be

filed with deed. Transfer tax is $.50/$500.00

or fraction thereof

Property Transfer Tax—

Declaration required

Recordation Tax and Grantor Tax. Local

recording taxes as authorized by the State

Real Estate Excise Tax based on graduated percentages

of selling price, and Local Excise Tax percentage

of selling price

Transfer Tax and Non Resident

Withholding Tax

Real Estate Transfer Tax

Statement of Consideration must

be completed to record a Deed

N.Y. State Transfer Tax. Local Transfer Tax

depends on location of property

State

Montana

Nebraska

Nevada

New Hampshire

New Jersey

New Mexico

New York

North Carolina

North Dakota

Ohio

Oklahoma

Oregon

Pennsylvania

Rhode Island

South Carolina

South Dakota

Tennessee

Texas

Utah

Vermont

Virginia

Washington

West Virginia

Wisconsin

Wyoming

UCC Status: Nearly all states are authorized for UCC Insurance.

Source for eClosing RON status: https://www.firstam.com/title/eclosing/

State

First American Title National Commercial Services

Real Estate Customs by State

Mortgage Tax

Leasehold Tax

UCC Designation

UCC Status eClosing: RON status

Yes

N/A

Varies by County

Buyer usually pays

State, City, and County may apply

None

N/A

N.Y. State Transfer Tax

N/A

Unless duration is tantamount

to a conveyance, e.g., 99 years

Not applicable if lease is less than 99 years

including renewals

Only in Currituck

and Dare County

None, except for leaseholds,

which are renewable forever

Possible Tax - consult with

local office

Unless lease is 50 years or more

State, City, and County may apply

Real Estate Excise Tax applies to value of any

improvements transferred.

Unless lease is 99 years or more

N/A

Title

P&C

Title

P&C

Title

P&C

Title

P&C

Title

P&C

Title

P&C

Title

P&C

Title

Authorized

Pending

Authorized

Law Passed

No Legislation

Legislation Pending

No Legislation

Legislation proposed,

not passed

Law Passed

Legislation Pending

No legislation

No legislation (RIN available)

Law Passed

No Legislation

Law passed

No Legislation

Law Passed

No Legislation

Law Passed

No Legislation

Legislation Pending

Montana

Nebraska

Nevada

New Hampshire

New Jersey

New Mexico

New York

North Carolina

North Dakota

Ohio

Oklahoma

Oregon

Pennsylvania

Rhode Island

South Carolina

South Dakota

Tennessee

Texas

Utah

Vermont

Virginia

Washington

West Virginia

Wisconsin

Wyoming

UCC Status: Nearly all states are authorized for UCC Insurance.

Source for eClosing RON status: https://www.firstam.com/title/eclosing/

State

First American Title National Commercial Services

Customary Standard Fee Splits

Buyer

Seller

Transfer Taxes

Loan Policy

Escrow Fees

Search: Exam, Attorney,

Abstract Fees

Recording/Filing Fees

Owner’s Policy

Montana

Nebraska

Nevada

New Hampshire

New Jersey

New Mexico

New York

North Carolina

North Dakota

Ohio

Oklahoma

Oregon

Pennsylvania

Rhode Island

South Carolina

South Dakota

Tennessee

Texas

Utah

Vermont

Virginia

Washington

West Virginia

Wisconsin

Wyoming

Negotiable, usually buyer

Negotiable. Typically, Buyer pays for

loan policy/endorsements

Borrower

Negotiable

Buyer to pay for both their owners

policy and the lender’s loan policy.

Split is required only when licensed

abstractor must sign

Negotiable, usually Buyer

N/A

Seller pays; $2.25 per thousand

Seller pays but can be negotiated

Divided Equally

N/A

Only in Washington County —

Negotiable, but customarily divided equally

Divided Equally

$3.70/$1000

N/A

Seller pays Real Estate Excise Tax

Typically paid by Seller

N/A

Buyer normally pays State & Local Taxes

Seller pays Grantor’s Tax

Typically Buyer pays Mansion Tax

Seller pays Realty Transfer Fee

Negotiable

Payable by Seller except for the additional

(“Mansion”) tax, which if applicable, is

payable by Buyer

Included in premium

Negotiable

Included in premium

Seller pays for abstract only

Attorneys’ opinions vary by local practice;

abstract fees are various rates filed by

each abstract company

Included in premium

Search, etc. are NOT included in premium,

fees established by attorney-agent

Varies by County

Negotiable except in those counties where search

and exam fees are included in the premium

Included in premium

Included in premium; may be

additional “Special Project” charge

Negotiable, usually Buyer

Included in premium

Negotiable

Included in premium

Buyer; Exam fees not included in premium;

fees established by

examining attorney

Fully Negotiated (Zone 1)

Included in Premium (Zone 2)

Negotiable, usually Buyer pays for extended coverage

portion of premium. Seller pays for standard coverage

of premium

Seller pays standard coverage portion buyer

pays additional for extended

Negotiable. Typically Seller pays standard

coverage portion and Buyer pays additional

for extended.

Negotiable, usually Buyer

Negotiable

Buyer to pay for both their owners

policy and the lender’s loan policy.

Negotiable, usually Seller

Negotiable, usually Buyer

Negotiable, usually Buyer pays for extended coverage

portion of premium.

Seller pays for standard coverage of premium

Negotiable, usually Seller

Negotiable

Split is required only when licensed

abstractor must sign

Negotiable

Divided Equally

Buyer pays for extended coverage portion of premium

Seller pays for standard coverage premium

Buyer pays for endorsements

Seller pays base premium

Negotiable, usually

Divided Equally

Negotiable - customarily

Divided Equally

Negotiable

Negotiable, usually

Divided Equally

Negotiable

Divided Equally

Included in premium

Negotiable

Varies by County

Varies by transaction. Usually split equally,

but the rates are not promulgated.

Negotiable — Closing normally handled by

attorney performing the title examination

Negotiable

Divided Equally

Negotiable. Typically paid by Buyer

Divided Equally

Negotiable, usually

Divided Equally

Negotiable

N/A

Varies

Buyer: Realty Transfer Certificate must be

completed to record a Deed

Parties pay their own attorneys

for doc preparation fees. Seller pays Deed;

Buyer pays Mortgage

Buyer pays to record Deed & Mortgage

Seller pays for recording docs to remove encumbrances

Buyer pays to record Deed & Mortgage

Seller pays for recording docs to remove encumbrances

Buyer pays to record Deed & Mortgage

Seller pays for recording docs to remove encumbrances

Buyer pays to record all other documents

Seller pays to record Deed and

release of any encumbrances

Buyer pays to record Deed & Mortgage

Seller pays for recording docs to remove encumbrances

Buyer pays to record Deed & Mortgage

Seller pays to record release documents

Buyer pays to record Mortgage

Seller pays recording for any docs

to convey or disencumber the property

Buyer pays to record Deed & Mortgage

Seller pays for recording docs to remove encumbrances

Typically paid by Buyer

Buyer pays to record Deed & Mortgage

Seller pays to record docs to remove encumbrances

Buyer pays to record Deed & Mortgage

Seller pays for recording docs to remove encumbrances

Buyer pays to record Deed & Mortgage

Seller pays for recording docs to remove encumbrances

Buyer pays to record Deed, Mortgage & Assignment

Seller pays for recording docs to remove encumbrances

Value may be required;

Buyer pays to record Deed & Mortgage

Seller pays to record release documents

Buyer pays recording fees

Seller pays release recording fees

Buyer pays to record Deed & Deed of Trust

Seller pays for recording releases

Buyer pays to record Deed & Mortgage

Seller pays for recording docs to remove encumbrances

Buyer pays to record Deed & Mortgage

Seller pays for recording docs to remove encumbrances

Buyer pays to record Deed & Mortgage

Seller pays for recording docs to remove encumbrances

UCC Status: Nearly all states are authorized for UCC Insurance.

Source for eClosing RON status: https://www.firstam.com/title/eclosing/

FATNCS-05/2021

Information at

your fingertips

At First American Title National Commercial

Services, we want to make your job easier.

That’s why we created this helpful state-by-

state guide.

Containing valuable information, this guide

provides a detailed look at local customs

throughout the nation.

If you need more information, please reach

out to your local First American Title National

Commercial Services representative.

The content of this brochure is for informational purposes only and is

not and may not be construed as legal advice. First American Financial

Corporation is not a law firm and does not offer legal services of

any kind. No third party entity may rely upon anything contained

herein when making legal and/or other determinations regarding title

practices. You should consult with an attorney prior to embarking upon

any specific course of action.

First American Title Insurance Company, and the operating divisions

thereof, make no representation as to the accuracy or completeness

of the information contained in this guide; and First American Title

Insurance Company, and the operating divisions thereof, make no

express or implied warranty respecting the information presented

and assume no responsibility for errors or omissions. First American,

the eagle logo, First American Title, and firstam.com are registered

trademarks or trademarks of First American Financial Corporation and/

or its affiliates.