(This Checklist is made up of the most common errors in having Instruments recorded and is not intended to cover all laws in the Recording of Documents. It has only been prepared for the convenience of the public, in respect to recording of documents and in no way has been provided to give legal advice on how to effectuate a legal and valid transaction.
This checklist is for convenience purposes only and it is the strong recommendation of the Register of Deeds that you seek legal counsel when preparing any and all documents for recording.)
- Personally Identifiable Information – <LINK to NOTICE HTML> and <PDF> The preparer of a document may not include an individual’s personally identifiable information in any document or instrument that is prepared and presented for recording in the county office of the register of deeds. This section does not apply to any document or instrument that was executed by an individual prior to July 1, 2010. See SDCL 43-28-24 thru 43-28-28 http://legis.state.sd.us/statutes/DisplayStatute.aspx?Statute=43-28&Type=StatuteChapter for further particulars on this statute.
- Format standards for real estate documents recorded with the register of deeds apply and are set forth in statute. (Please click here for a template and recitation of that law) (See Document Standards attached for more specific detail <Word> or <PDF>)[1]
- Legal Descriptions must be on the Document.[2]
- Most documents recorded must have typed or printed the words “Prepared by:” followed by the name of the person preparing the document, the address of the person preparing the document and the phone number of the person preparing the document.[3] The “Prepared by Statement” must be placed in the upper left hand corner of the first page of the document.” See Document Standards[12]
- Post Office Address of Grantee – The full Post office address must be listed for the Purchasers.[4]
- Certificate of Real Estate Value – Deeds, Contract for Deeds, Assignment of Contracts which convey an interest in the title from one person to another and are dated after July 1, 1988 shall be accompanied by an additional document entitled “Certificate of Real Estate Value” which document is prescribed by the Department of Revenue. This Certificate must be fully filled out and signed and dated. These forms can be obtained on this website <PDF> or give us a call and we can fax you a form.[5]
- Mortgages – Must contain a legal description, the name of the mortgagor and mortgagee, post office address of mortgagee (lender), the amount of the mortgage and the date it is due.[6] (exceptions see SDCL 21-49-14)
- Seals (Notary and Corporate) – Instruments must be acknowledged in front of a notary public and Notary seals Affixed to the document.[7] Corporate seals may be affixed to documents if a corporate entity, however, we will only reject if a municipalities in some cases do not affix their corporate seals on documents. [8]
- Transfer Fee Exemption Statutes – Transfer Fee exemption statutes must be typed on the face of a deed if the transfer is exempt. The law states that the words “Exempt from Transfer Fee Pursuant to SDCL 43-4-22(___)(applicable subdivision must be put in parenthesis)” are to be typed or printed on the face of the instrument.[9] Click on “Transfer Fee Exemption Statute” for the full list of exemptions.
- Satisfaction of Mortgages – (1) need a legal description (2) need a book & page number of the mortgage to be released (In Davison County we also have a document number which is merely a yearly count – The book and page number is what identifies the mortgage) (3) needs the date of the mortgage (4) needs the names of the mortgagors (5) needs the name of the mortgagee (6) needs to be executed & acknowledged in front of a notary (7) may affix corporate seals [10] Only one mortgage may be satisfied per document.
- Assignment of Mortgages – (1) need legal description (2) need names of mortgagor (3) need name of mortgagee (4) need name of the assignee and its post office address, (5) need the date of the mortgage (6) need the date, county, state,
book and page of record of the mortgage, (7) need to execute, acknowledge in front of a notary, (8) may affix corporate seal especially if you are a bank or a municipality [11] Only one mortgage may be assigned per document - Notary Acknowledgments. All documents that are recorded except those stated in SDCL 43-28-2 and 43-28-4 must be notarized and properly acknowledged. There are different acknowledgments for individuals, corporations, partnerships, power of attorneys, trustees etc. For a set of uniform acknowledgment forms pursuant to SDCL 18-5, please click here the Acknowledgment Form. (There are also forms at SDCL 18-4)
- Affidavits Terminating Joint Tenancy or Life Estate Interests – (1) Need name and date of death of the decedent (2) Name of the joint owner or owners, (3) Post office address of the Joint owner(3) legal description of the property (4) attach a certified copy of the Death Certificate of the Dececent. [13]
[1] SDCL 43-28-23 & 7-9-15 (1) and all laws related thereto
[2] SDCL 7-9-7 and all laws related thereto
[3] SDCL 7-9-1 and all laws related thereto
[4] SDCL 7-9-7 and all laws related thereto
[5] SDCL 7-9-7 and all laws related thereto
[6] SDCL 7-9-7 and all laws related thereto
[7] SDCL 43-28-8 and all laws related thereto
[8] SDCL 51A-4-11 Repealed, 9-1-5,9-1-4, 9-18-3 & 43-25-21 and all laws related thereto
[9] SDCL 43-4-23 and all laws related thereto
[10] SDCL 44-8-14 and all laws related thereto
[11] SDCL 44-8-13 ,7-9-7 and all laws related thereto.
[12]SDCL 43-28-23 and all laws relating thereto
[13]SDCL 21-44-27, 21-44-2 and 7-9-7 and all laws related thereto
Contact Us
Davison County, Register of Deeds
Debra Young
200 East 4th Ave.
Mitchell, SD 57301
Phone: 605-995-8616
Fax: 605-995-8648
Email: [email protected]