New Changes to Wisconsin Recording Fees effective June 25, 2010

May 17, 2010



Changes to Recording Fees/Social Security Protection


Governor Doyle signed SB 507 into law on May 12, 2010 legislation that changes the recording fee structure for real estate documents filed with the county register of deeds and directs the register of deeds to redact social security numbers from electronic format records that are viewable or accessible on the Internet.


Effective June 25, 2010 the cost to record a real estate document in the County Register of Deeds office will be $30 regardless of the number of pages.


Formerly, the fee was based on the number of pages and has been modified from a per page fee to a standard flat fee of $25 per document. Additionally, the legislation imposes a $5 recording fee per document to cover the costs associated with redaction of social security numbers. The recording fee reverts to $25 upon the earliest of the following 1) the Register of Deeds has successfully redacted all social security numbers from electronic format; 2) January 1, 2012, unless an extension of time is granted by DOA; or 3) January 1, 2015.


In the interest of protecting our citizens, County Register of Deeds will begin redaction of social security numbers immediately from any records currently posted on the Internet and will continue to do so for any documents intended to be posted on the Internet.

TRANSFER RETURN - NEW ELECTRONIC FILING

Electronic Filing of the Wisconsin Real Estate Transfer Return is now in effect for most counties in Wisconsin. Both Kenosha and Racine counties are accepting electronically submitted returns. The State of Wisconsin has instructions and tutorials showing how to file. Use the following link for all necessary information about electronic filing: http://www.dor.state.wi.us/ust/retn.html

Wisconsin Real Estate Recording Checklist

Wisconsin Real Estate Recording Checklist Revised 3/10/2000

All instruments must comply with the following:

1. All instruments must follow very exacting recording box and margin format rules, or be accompanied by a cover sheet in the form attached.

2. Except for signatures, only black or red ball point or fountain pen ink may be used.

3. Tax parcel number(s) shown.

4. Include full legal descriptions for each parcel. If an easement is being granted, there must be a legal description for the easement parcel also.

5. The names of all signers, including notaries, must be printed or typed below their signatures in black. §§59.513, 59.515, Wis.Stats.

6. Include the drafter's name, and the full "return to" name and address. §59.513.

7. A notary must affix his/her stamp or firmly-raised seal.

8. Deeds may be authenticated in lieu of notarization. Only members of the Wisconsin state bar or a person “entitled by virtue of [his or her] office to administer oaths” may authenticate. §706.06.

9. Include fully-executed original transfer fee return. Purchaser and seller (or their agents) must sign the form. You must use a 1999-version transfer return form. The revision date appears at the bottom of the form. USE OF AN OLD FORM WILL CAUSE YOUR DOCUMENT TO BE REJECTED BY THE REGISTER OF DEEDS.

10. Most rental property conveyances must be accompanied by a Department of Industry, Labor & Human Relations Certificate of Compliance, Stipulation or Waiver. There are limited exemptions. §101.122.

11. The State Bar of Wisconsin promulgates forms of deeds. "Custom" deeds may be recorded, however.

12. Corporate seals are not required. §706.05(6).

13. Witnesses are not required.

Recording Fees and Transfer Tax

1. In all counties, recording fees are $11.00 for the first page of each instrument and $2.00 for each page thereafter. (New Fees as of June 25, 2010 will be flat fee of $30.00 per document any number of pages)

2. In all counties, the transfer tax on the sale of real estate is $3.00 per thousand of sale price. §77.21. Various exemptions exist, as shown on the attached form. Refer to the Register of Deeds website at http://www.co.kenosha.wi.us/rod

Other Recording Rules and Information

1. Affidavits may be recorded to state facts as to possession of real estate, descent, heirship, date of birth, death, marital status or identity of parties to conveyances of record. §706.06(3) requires that affidavits be authenticated by jurat, executed by a person entitled to administer oaths. Witnesses, however, are not required. §706.05(6).

2. Wisconsin is a mortgage rather than title state. Deeds of trust are not used.

3. Passive trusts, such as Illinois land trusts, are considered void in Wisconsin.

4. Mortgage assignments, releases and satisfactions may affect only one mortgage. In other words, a mortgage assignment, for example, may not assign 2 or more mortgages from the assignor to the assignee. 1995 Wis. Act 124. However, a mortgage may encumber more than one parcel.

5. There is no mortgage tax.

Forms are available at http://www.wi.ctic.com/resources_downloadabledocs.html

(please be aware of Wisconsin statutes pertaining to drafting of legal documents)

Rental Property Requirements

Rental Weatherization Program Requirements.

In 1980, §101.122 was enacted requiring that residential rental buildings, with exceptions meet state energy efficiency standards. The Department of Industry, Labor and Human Relations (DILHR) was directed to develop the standards which went into effect on January 1, 1985 under Administrative Code Regulations Chapter ILHR67. On sales of residential rental properties on or after January 1, 1985, the seller must hire a certified inspector to determine if the building meets the ILHR67 standards. If it does, a Certificate of Compliance is issued. If the building does not meet the standards the seller must either comply or reach agreement with the buyer that the buyer will comply within one year, and the buyer will enter into a Stipulation to this effect, which involves a separate stipulation fee (now $50) and is recorded prior to or along with the deed. The buyer could also comply by executing a Waiver which is the buyers agreement to demolish the building(s) within 2 years from the date of the transfer.

Please use the following government link for addtional information

http://www.commerce.state.wi.us/SB/SB-RentalWeatherizationProgram.html