Filing Requirements

State Transfer Tax

.37 per $100.00 of sales
price or value of property,
whichever the greater

Example:

$100,000.00

X .0037

____________

= $370.00

Page Fee

$10.00 for 1st two pages,
plus $5.00 for each
additional page

$2.00 per document

$1.00 only when State tax is collected

REQUIREMENTS FOR DOCS. ABOVE

1.) Grantor

ALL

2.) Grantee

ALL

3.) Affidavit of value - if taxable

1,2,3,4,5,6,7,8

4.) Derivation clause - T.C.A. 66-24-110

1,4,5,6,7,8

5.) Property address, unless vacant - T.C.A. 66-24-113b

1,4,5,6,7,8

6.) Name and address of property owner - T.C.A. 66-24-114

1,4,5,6,7,8

7.) Name and address of the person or entity responsible for real property taxes T.C.A. 66-24-114

1,4,5,6,7,8

8.) Ward, block and parcel number of property - T.C.A. 66-24-122

1,4,5,6,7,8

9.) All documents, except U.C.C.'s must contain the name and address of the preparer - T.C.A. 66-24-115

ALL

10.) Proper notarization/acknowledgments

ALL

11.) Legal description of property

1,2,3,4,5,6,7,8,13

TRANSFER TAX EXEMPTIONS

1) Transfer of a Leasehold Interest

2) Deeds conveying from one spouse to the other, or from one or both spouses to a Trustee with a second deed filed at the same time from the first Trustee back to one or both original grantors from the first deed

3) Deeds of Division by owners, to change joint ownership of one property into individually owned and equal properties

4) Release of a life estate to the remainderman

5) Deeds executed by an executor to implement a Testamentary Device

6) Domestic settlement decrees and/or domestic decrees and/or deeds which are an adjustment of property rights between divorcing parties

7) Mergers, consolidations, sales or transfers of substantially all of the assets in this state of corporations, pursuant to plans of re-organization

8) All transfers to any government or agencies of any government within the United States

9) Quit Claims of less than $50.00 or the above exemptions

10) A transfer of real estate to revocable living trust

TAXABLE

NON-TAXABLE

1) Amendment

7) Appointment of Successor

2) AssumptionTrustee

8) Condo Rider

3) Church bond issues

9) Substitution of Collateral

4) Modification/Ext. Rider

10) Subordination Agent

5) Trust Deed

11) Waiver of Priority

6) Trust Indenture

State Tax (Mortgage Tax)

11.5¢ per $100.00 after first
$2,000.00 of indebtedness

Example:

$100,000.00

- 2,000.00

= $98,000.00

x .00115

____________

$112.70

Page Fee

$10.00 for 1st two pages plus
$5.00 for each additional page

$2.00 per document

$1.00 (only when State tax is collected)

REQUIREMENTS FOR DOCS. ABOVE

1) Grantor

All

2) Grantee

All

3) Name and address of preparer - T.C.A. 66-24-115

All

4) Maximum principal indebtedness statement - T.C.A. 67-4-409

1,2,3,4,5,6

5) Signature of borrower/grantor

All

6) Proper notarization/acknowledgement

All

7) Legal description of property

3,5,6

MORTGAGE TAX EXEMPTIONS

1) All Federal, State, and Local Governments and agencies of (except Credit Unions of the above stated bodies) when the government is the holder of the note

2) Documents where tax was previously paid - In this instance a copy of the tax paid receipt is required and will be recorded as part of the document.

3) Deed of Trust given pursuant to a confirmed plan of reorganization under Chapter 11 of the Bankruptcy Code and, under 11 USC 1146(C), is exempt from any law imposing a recording tax or other similar tax.

$10.00 for up to two pages and one instrument number

Additional Pages and Instrument Numbers

$5.00 each

$2.00

1) Name and address of preparer
2) Borrowers name
3) Assignee and Assignor
4) Instrument number being assigned
5) Assignor signature
6) Proper notarization/acknowledgement

FEE STRUCTURE

$5.00 for first five pages

.50¢ each

$2.00

1) First filing must be with the Secretary of State in Nashville
2) Must have original certificate of authorization (white cover letter) and
original charter document, or a certified copy of it

$10.00 for first two pages

$5.00 each

$2.00

1) Name and address of preparer
2) Proper notarization/acknowledgement
3) Original or certified copy

$10.00 for first two pages

$5.00 each

$2.00

1) Name and address of preparer
2) Assignee and Assignor
3) Proper notarization/acknowledgement

$10.00 for first two pages

$5.00 each

$2.00

1) Employment Security Department, I.R.S., Tennessee Dept. of Revenue liens do not require notarization. All others must have proper notarization/acknowledgement.
2) Name of parties involved
3) If labor liens - describe real property

$10.00 for first two pages

$5.00 each

$2.00

1) Name and address of preparer
2) Proper notarization/acknowledgement

$15.00 per plat

$2.00

1) Maximum page size is 18x24
2) Owner certificate
3) Proper notarization/acknowledgement
4) OPD certificate (if applicable)
5) Planning Commission certificate (if applicable)
6) Surveyor Engineer certificate (if applicable)

10.

$10.00 for first two pages and one instrument number

Additional Pages/Instrument Numbers

$2.00

$5.00 each

1) Release of any government lien - i.e. Tennessee Dept. of Revenue or I.R.S. lien - does not have to be notarized. All others must have proper notarization/acknowledgement.
2) Must have name of person lien is filed against
3) Instrument number of lien being released
4) Signature of appropriate parties

11.

No Charge

1) Must have original DD-214 or certified copy of same to record
2) Must have member form showing discharge status - i.e. honorable, dishonorable, etc.

12.

Effective July 1, 2001 all U.C.C.-1 Initial filings will be filed with the Secretary of States Office in Nashville with the following exceptions:

Extracted collateral - oil, gas or other minerals that are subject to a security agreement
Initial filings with timber to be cut.
Fixture filings- the collateral is goods that are or are to become fixtures, except that fixture filings of transmitting utilities should be filed with the Secretary of State

1) UCC-1:

State Tax (if applicable)

11.5¢ per $100.00 after first
$2,000.00 of indebtedness

Example:

$100,000.00

- 2,000.00

= $98,000.00

x .00115

____________

$112.70

Filing Fee

$13.00 for up to 10 pages -
.50 ¢ for each page after 10

$1.00 (when tax is collected)

$2.00

1) Name and address of debtor
2) Name and address of secured party
3) Description of collateral
4) Maximum principal indebtedness statement
5) Signature of debtor is not required
6) UCC's do not have to be notarized
7) If fixture filing must include name of property owner and legal description

2) UCC-III:

AMENDMENTS: If advancing additional money, tax above applies without additional $2,000.00 exemption. D.P. Fee, Filing Fee, and Register Fee above also apply: Requirements: All from above, plus original file number (instrument number) - Exception: Number 3 not required if collateral is unaffected
CONTINUATIONS, ASSIGNMENTS AND TERMINATIONS: Requirements: From above Numbers 1, and 2 plus original file number (instrument number)

$13.00 for first 10 pages

.50 ¢ each

$2.00

3) UCC-COMBO:

(A) UCC-Combo is a multi function document. Example: being a UCC-1 and assignment in one document