How to Fill Out and Record a Michigan Warranty Deed Form

To fill out and record a Michigan warranty deed, you prepare a document that uses the statutory phrase “conveys and warrants,” fill in the grantor and grantee information, legal description, parcel ID, and consideration, have the grantor sign before a notary, and then take the deed to the Register of Deeds in the county where the property sits along with tax certificates, a Property Transfer Affidavit, the transfer tax payment, and a $30 recording fee.

Each piece matters. The Register of Deeds will reject a deed that misses a formatting rule, a signature detail, or a required certificate, and some mistakes can cloud title for years.

The Operative Language

Michigan law assigns specific weight to the words “conveys and warrants.” Under MCL 565.151, a deed using this language “in substance” creates a fee-simple transfer with a full set of covenants: the grantor is the lawful owner, has the right to sell, guarantees quiet possession, promises the property is free from all encumbrances, and will defend the title against all future claims.1Michigan Legislature. Michigan Compiled Laws 565.151 – Form; Warranty Deed If a title defect surfaces later, the grantor is liable for the grantee’s losses.

Different wording creates a different deed. “Quit claims,” for example, transfers only whatever interest the grantor happens to have, with no warranties. If you want full warranty protection for the buyer, the operative clause must read “conveys and warrants,” and the deed must also state the consideration and describe the property.2Michigan Legislature. Michigan Compiled Laws 565.151 – Form; Warranty Deed

Information to Gather First

Collect everything you need before putting pen to the form:

  • Grantor’s full legal name as it appears in the current chain of title.
  • Grantee’s full legal name and address, including a street address where one exists. MCL 565.201(d) requires the grantee’s address to be legibly printed on the deed.3Michigan Legislature. Michigan Compiled Laws 565.201 – Requirements for Recording With Register of Deeds
  • The legal description of the property. A street address is not enough. Pull the description from the prior deed, title commitment, or county records — typically metes-and-bounds, a lot-and-block reference, or a section-township-range description.
  • The tax parcel identification number, available on a prior tax bill or in the county’s online parcel database.
  • The consideration, meaning the purchase price or other value exchanged. MCL 565.151 requires it on the deed.
  • The name and address of the person who drafted the deed, which Michigan requires on the document itself.4Otsego County, MI. Recording Requirements

A note on marital status. Older deed templates ask for the grantor’s marital status because of dower rights. That requirement applied only to instruments executed before April 6, 2017, when Michigan abolished dower.5Michigan Legislature. Michigan Compiled Laws 565.221 – Statement of Marital Status in Instruments Conveying or Mortgaging Real Estate A spouse no longer needs to sign solely because of a dower interest. If both spouses actually own the property, though, both still have to sign as grantors.

Filling Out the Form

Pre-formatted warranty deed forms are available through most county Register of Deeds offices and licensed legal document services. They include the “conveys and warrants” language and leave blanks for the variable information.

  • Heading. The first line of print on the first page must identify the document type. For a warranty deed, write “WARRANTY DEED.” MCL 565.201(f)(ii) requires this single identifying statement.
  • Grantor and grantee lines. Enter the full legal names exactly as they appear in the current chain of title, and as the buyer wants to hold title. Any mismatch between the printed name, the signature, and the notary acknowledgment is grounds for rejection.
  • Legal description. Copy it exactly. Small errors can cloud title.
  • Consideration. State the amount paid. If the transfer is a gift or nominal, write the actual consideration, even “$1.00 and other valuable consideration,” because transfer tax calculation depends on it.

Land Division Statement for Unplatted Property

If the property is unplatted land, Michigan’s Land Division Act adds a requirement. MCL 560.109 prohibits the sale of an unplatted parcel unless the deed states whether the grantor is passing along the right to make further land divisions. The required language reads substantially: “The grantor grants to the grantee the right to make [zero / a number / all] division(s) under section 108 of the land division act, 1967 PA 288, MCL 560.108.”6Michigan Legislature. Michigan Compiled Laws 560.109 Without this statement, the right to divide stays with the grantor’s remaining land.

Formatting Rules

For deeds executed after April 1, 1997, MCL 565.201(f) requires:

  • At least 2.5 inches of blank space at the top of the first page and at least 0.5 inches on all remaining sides. The recording office uses this space for stamps and labels.
  • Print in at least 10-point type, in black ink on white paper of at least 20-pound weight.
  • Pages between 8.5 by 11 inches and 8.5 by 14 inches.
  • The entire document must be legible.3Michigan Legislature. Michigan Compiled Laws 565.201 – Requirements for Recording With Register of Deeds

Social security numbers should not appear on the deed. If one is present, the first five digits must be redacted before recording.

Signing and Notarization

The grantor signs in the presence of a notary public, judge, or clerk of a court of record within Michigan. The notary provides an acknowledgment with the notary’s printed name, signature, and commission expiration date. Signatures must be in black or dark blue ink, and the signer’s name must be legibly printed, typewritten, or stamped beneath each signature. The printed name, the name in the body of the deed, and the name in the acknowledgment must all match.

Property Transfer Affidavit (Form 2766)

Every real estate transfer in Michigan requires a separate filing: the Property Transfer Affidavit, Michigan Department of Treasury Form 2766.7Michigan Department of Treasury. Property Transfer Affidavit It notifies the local tax assessor that ownership has changed, which can trigger a recalculation of the taxable value. The form asks for the transfer date, the names of the buyer and seller, the parcel identification number, the sale price, and the type of transfer.

Download Form 2766 from the Michigan Department of Treasury website or pick one up at the local assessor’s office. File it with the city or township assessor where the property is located, not the Register of Deeds, within 45 days of the transfer. For residential property, a late filing carries a penalty of $5 per day up to $200.8Michigan Legislature. Michigan Compiled Laws 211.27b Most counties also want a copy of the affidavit submitted alongside the deed at the Register of Deeds office.

Tax Certificates

This is the step that most often blocks recording. Before the Register of Deeds will record a warranty deed, MCL 211.135 requires you to present tax certificates showing that all property taxes have been paid for the five years preceding the transfer date and that no tax liens exist against the property.9Michigan Legislature. Michigan Compiled Laws 211.135 – Recording of Conveyances; Tax Certificate You need certificates from both the county treasurer and the city, village, or township treasurer where the property sits.

If you arrive at the Register of Deeds without them, the office will refuse to record. The statute leaves no discretion: the register “shall not record the instrument” until the certificates are presented. One exception applies. If the deed is presented between March 1 and the date the local treasurer completes the delinquent-tax return, the county treasurer will note that the delinquent return is unavailable, and the register must accept the deed with that notation. Contact the county treasurer for the fee and turnaround time, which both vary by county.

Transfer Taxes

Michigan imposes two layers of transfer tax, and both must be paid before the deed records. The seller is responsible for the tax, though the parties can negotiate differently.

  • State transfer tax: $3.75 per $500 (or fraction of $500) of the property’s total value, under MCL 207.525.10Michigan Legislature. Michigan Compiled Laws 207.525
  • County transfer tax: $0.55 per $500 (or fraction of $500) of the property’s total value, under MCL 207.504. Counties with a population over two million may charge up to $0.75 per $500.

Combined, the standard rate is $8.60 per $1,000 of sale price. On a $300,000 home, that is $2,580. The deed, or an attached Real Estate Transfer Valuation Affidavit, must state the total consideration so the recording office can calculate the tax.11Ottawa County, MI. Michigan Real Estate Transfer Tax

Common Exemptions

Not every transfer owes the full tax. MCL 207.526 lists exemptions from the state tax, and MCL 207.505 covers parallel exemptions from the county tax. Among the most used:

  • Transfers where the total consideration is less than $100.12Michigan Legislature. Michigan Compiled Laws 207.526
  • A conveyance from a parent to a child, stepchild, or adopted child. Transfers to grandchildren, step-grandchildren, or adopted grandchildren also qualify.
  • Conveyances that create or disjoin a tenancy by the entireties between spouses.13Michigan Legislature. Michigan Compiled Laws 207.505
  • Mortgages and other security instruments, along with their assignments and discharges.
  • Judgments or court orders directing a transfer, unless the court specifies monetary consideration.
  • Deeds that straighten boundary lines with no money changing hands.
  • Quitclaim deeds filed solely to correct a title flaw.

To claim an exemption, the proper MCL exemption citation must appear on the face of the deed.14Michigan.gov. State Real Estate Transfer Tax FAQ Leave it off and the recording office will charge the full tax or reject the document.

Recording the Deed

Once the deed is signed and notarized, the Property Transfer Affidavit is completed, the tax certificates are in hand, and the transfer taxes are calculated, submit everything to the Register of Deeds in the county where the property is located. Most counties accept filings in person, by mail, or through electronic recording systems where supported.

The recording fee is $30 regardless of the number of pages, under MCL 600.2567.15Michigan Legislature. Michigan Compiled Laws 600.2567 – Register of Deeds; Fees Your complete package should include:

  • The signed and notarized warranty deed.
  • A copy of the Property Transfer Affidavit (some counties want the original).
  • Tax certificates from the county and local treasurer.
  • Transfer tax payment, or the deed face noting the applicable exemption.
  • The $30 recording fee.

After recording, the office indexes the deed into the public record and stamps it with a unique instrument number. The original is typically returned by mail to the address shown on the document. Some counties ask you to include a self-addressed stamped envelope at the time of recording. Turnaround can take several weeks.

One Next Step for Buyers: Principal Residence Exemption

If you are buying a home you plan to live in, filing for the Principal Residence Exemption after closing can save a significant amount on property taxes. The PRE exempts your primary home from up to 18 mills of local school operating taxes. File Form 2368 with the city or township assessor where the property is located, not the Register of Deeds and not the Michigan Department of Treasury.16State of Michigan. Principal Residence Exemption (PRE) Affidavit

File by June 1 to receive the exemption on both the summer and winter tax bills for the current year. Miss that deadline and filing by November 1 still gets you the exemption on the winter bill. A separate affidavit is required for each parcel identification number.