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Preparation of instruments for Recording
Since changes cannot be made once the instrument has been recorded, please check the following:
- 3" by 3" blank space in upper right corner of the first page.
- 1" by 3" blank space on each subsequent page.
- Legible, black print or typing for best reproduction by microfilm or photographing.
- Date the body of the instrument.
- Grantee's mailing address, if transfer of interest is real estate. (Example: Deeds, Agreements and Contracts for Deeds)
- Affix the name and address of person to whom instrument is to be returned on the front of the instrument.
- On the instruments by which the title to real estate or any interest therein or lien thereon is conveyed, created, encumbered, assigned or otherwise disposed of, the name and address of the person who prepared the instrument must be printed, typewritten or stamped on the face of the instrument in a legible manner. (Instruments executed or acknowledged outside of the State, or before January 1, 1968, are exempt.)
- Description of real or personal property, if any.
- Signature(s) should agree with name(s) in the body of the instrument and should be legible and correctly spelled.
- Signature(s) to be attested by two witnesses (transfer of any property).
- Acknowledgement of person(s) executing the instrument.
- Notary public signature, seal and expiration date.
- Corporate seal, if applicable.
Recording Fees as of June 1, 2004 = $10 first page + $8.50 each page thereafter
The charges above include the indexing of up to 4 names. Please include an additional $1.00 for each name to be indexed over 4.
State Documentary Stamp Tax
Which Documents Require Documentary Stamps?
Documentary stamp taxes are levied on documents as provide under chapter 201, Florida Statutes. Documents subject to the tax include, but are not limited to Deeds, Stocks and Bonds, Notes and written obligations to pay money.
Any transfer of property ownership (i.e. deeds, court orders, creating a trust, etc.) must be entered into the public records of the St. Johns County Recording Department before it will be recognized as a completed transaction. Effective 6-01-08 the DR219 is no longer required.
The tax rate for transfer of an interest in real property is $.70 on each $100 of Sale/Transaction price rounded up to the nearest hundred. (Or portion thereof) A minimum tax of .70 is required on all deeds. (Example: $120,500.00 transfer price equals to 120500 x .007 = $843.50)
When the consideration paid or exchanged for real property is property other than money, the consideration is equal to the fair market value of the real property.
A deed transferring an interest in Florida real property between a husband and wife, including when a spouse's name is added to a deed, is subject to documentary stamp tax. In most cases, the amount of tax is based on half of the amount of the unpaid balance of any mortgages. However, documentary stamp tax is not due if the marital home is transferred within a year of a divorce and the transfer occurs on or after July 1, 1997.
Stocks and Bonds
Documentary stamp tax is due upon the original issuance of stocks and bonds in this state. The tax rate is $.35 per $100 (or portion thereof) based upon the face or par value of the stock certificate or the face value of the bond. If a stock certificate is issued without face value, the tax applies to the actual value.
Notes and Written Obligations to Pay Money
The tax rate on a written obligation to pay money is $.35 for each $100, or fraction thereof, of the obligation evidenced by the document. Tax is due on a document that contains a promise to pay a specific amount of money and is signed, executed, or delivered in Florida. (Example: a mortgage amount of $95,000.00 equals to 95000 x .0035 = $332.50)
Mortgages and Intangible Class "C" Tax
Mortgages or other instruments of indebtedness that are secured by real estate require the payment of "class C" intangible tax. The non-recurring tax is charged at the rate of 2 mills. It is imposed on each dollar of the obligation. (An easy rule to remember is intangible tax is $2.00 per $1,000.00) The exceptions include the mortgage being a governmental agency and if a church borrows from the mother organization. (Example: a mortgage amount of $95,000.00 equals to 95000 x .002 = $190.00)
This tax must be paid before the Clerk can accept any mortgage for record, and applies only to mortgages, agreements or contracts for deed, deeds of trust or other liens pertaining to real property.
The Clerk’s Office requires a self-addressed stamped envelope for the return of documents that are mailed in.