© 2016 - U.S. Legal Forms, Inc.
MICHIGAN
QUITCLAIM DEED
[TRUST TO CORPORATION]
Control Number: MI -022 -77
I. TIPS ON COMPLETING THE FORMS
The form(s) in this packet may contain “form field s” created using Microsoft Word or Adobe
Acrobat (“.pdf” format). “Form fields” facilitate completion of the forms using your computer.
They do not limit your ability to print the form “in blank” and complete with a typewriter or by
hand.
It is also help ful to be able to see the location of the form fields. Go to the View menu, click on
Toolbars, and then select Forms. This will open the Forms toolbar. Look for the button on the
Forms toolbar that resembles a shaded letter “a”. Click this button and t he form fields will be
visible.
By clicking on the appropriate form field, you will be able to enter the needed information. In
some instances, the form field and the line will disappear after information is entered. In other
cases, it will not. The f orm was created to function in this manner.
II. TIPS ON FILING THE FORMS
Michigan Transfer tax shall be collected on the total value of the land being transferred unless
exempt from either or both acts; the exemption(s) must be stated on the instrument .
MCLA 207.502, 207.511, MCLA 207.526, 207.533
A. Exemptions for the Real Estate Transfer Tax are contained in § 207.505:
207.505 Exemptions.
Sec. 5. The following instruments and transfers shall be exempt from this act:
(a) Instruments where the value of the consideration is less than $100.00.
(b) Instruments evidencing contracts or transfers which are not to be performed
wholly within this state insofar as such instruments include land lying outside of
this state.
(c) Written instruments which this state is prohibited from taxing under the
constitution or statutes of the United States.
(d) Instruments or writings given as security or any assignment or discharge thereof.
(e) Instruments evidencing leases, including oil and gas leases, or transfers of such
leasehold interests.
(f) Instruments evidencing any interests which are assessable as personal property.
(g) Instruments evidencing the transfer of rights and interests for underground gas
storage purposes.
(h) Inst ruments (i) in which the grantor is the United States, the state, any political
subdivision or municipality thereof, or officer thereof acting in his official capacity;
(ii) given in foreclosure or in lieu of foreclosure of a loan made, guaranteed or
insur ed by the United States, the state, any political subdivision or municipality
thereof or officer thereof acting in his official capacity; (iii) given to the United
States, the state, or 1 of their officers as grantee, pursuant to the terms or
guarantee or insurance of a loan guaranteed or insured by the grantee.
(i) Conveyances from a husband or wife or husband and wife creating or disjoining
a tenancy by the entireties in the grantors or the grantor and his or her spouse.
(j) Judgments or orders of court s of record making or ordering transfers, except
where a specific monetary consideration is specified or ordered by the court
therefor.
(k) Instruments used to straighten boundary lines where no monetary consideration
is given.
(l) Instruments to confirm titles already vested in grantees, such as quitclaim deeds
to correct flaws in titles.
(m) Land contracts whereby the legal title does not pass to the grantee until the total
consideration specified in the contract has been paid.
(n) Instrume nts evidencing the transfer of mineral rights and interests.
(o) Instruments creating a joint tenancy between 2 or more persons where at least 1
of the persons already owned the property.
B. Exemptions for the Michigan State Real Estate Transfer Tax Act are contained in § 207.526:
207.526 Written instruments and transfers of property exempt from tax.
Sec. 6.
The following written instruments and transfers of property are exempt from the tax imposed by
this act:
(a) A written instrument in which the value of the consideration for the property is
less than $100.00.
(b) A written instrument evidencing a contract or transfer that is not to be performed
wholly within this state only to the extent the written instrument includes land
lying outside of this state.
(c) A written instrument that this state is prohibited from taxing under the United
States constitution or federal statutes.
(d) A written instrument given as security or an assignment or discharge of the
security interest.
(e) A written instrument evidencing a lease, including an oil and gas lease, or a
transfer of a leasehold interest.
(f) A written instrument evidencing an interest that is assessable as personal
property.
(g) A written instrument evidencing the transfer of a right and interest for
underground gas storage purposes.
(h) Any of the following written instruments:
(i) A written instrument in which the grantor is the United States, this state, a
political subdivision or municipality o f this state, or an officer of the United
States or of this state, or a political subdivision or municipality of this
state, acting in his or her official capacity.
(ii) A written instrument given in foreclosure or in lieu of foreclosure of a loan
made, g uaranteed, or insured by the United States, this state, a political
subdivision or municipality of this state, or an officer of the United States
or of this state, or a political subdivision or municipality of this state, acting
in his or her official capa city.
(iii) A written instrument given to the United States, this state, or 1 of their
officers acting in an official capacity as grantee, pursuant to the terms or
guarantee or insurance of a loan guaranteed or insured by the grantee.
(i) A conveyance from a husband or wife or husband and wife creating or disjoining
a tenancy by the entireties in the grantors or the grantor and his or her spouse.
(j) A conveyance from an individual to that individual's child, stepchild, or adopted
child.
(k) A conveyance from an individual to that individual's grandchild, step -grandchild,
or adopted grandchild.
(l) A judgment or order of a court of record making or ordering a transfer, unless a
specific monetary consideration is specified or ordered by th e court for the
transfer.
(m) A written instrument used to straighten boundary lines if no monetary
consideration is given.
(n) A written instrument to confirm title already vested in a grantee, including a
quitclaim deed to correct a flaw in title.
(o) A land contract in which the legal title does not pass to the grantee until the total
consideration specified in the contract has been paid.
(p) A written instrument evidencing the transfer of mineral rights and interests.
(q) A written instrument creat ing a joint tenancy between 2 or more persons if at
least 1 of the persons already owns the property.
(r) A transfer made pursuant to a bona fide sales agreement made before the date
the tax is imposed under sections 3 and 4, if the sales agreement cannot be
withdrawn or altered, or contains a fixed price not subject to change or
modification. However, a sales agreement for residential construction may be
adjusted up to 15% to reflect changes in construction specifications.
(s) A written instrument evidencing a contract or transfer of property to a person
sufficiently related to the transferor to be considered a single employer with the
transferor under section 414 (b) or (c) of the internal revenue code of 1986, 26
U.S.C. § 414 .
(t) A written instrument conveying an interest in property for which an exemption is
claimed under section 7cc of the general property tax act, 1893 PA 206, MCL
211.7cc , if the state equalized valuation of that property is equal to or lesser than
the stat e equalized valuation on the date of purchase or on the date of
acquisition by the seller or transferor for that same interest in property. If after an
exemption is claimed under this subsection, the sale or transfer of property is
found by the treasurer t o be at a value other than the true cash value, then a
penalty equal to 20% of the tax shall be assessed in addition to the tax due under
this act to the seller or transferor.
(u) A written instrument transferring an interest in property pursuant to a for eclosure
of a mortgage including a written instrument given in lieu of foreclosure of a
mortgage. This exemption does not apply to a subsequent transfer of the
foreclosed property by the entity that foreclosed on the mortgage.
(v) A written instrument conveying an interest from a religious society in property
exempt from the collection of taxes under section 7s of the general property tax
act, 1893 PA 206, MCL 211.7s , to a religious society if that property continues to
be exempt fr om the collection of taxes under section 7s of the general property
tax act, 1893 PA 206, MCL 211.7s.
NOTE: Select the appropriate subsection(s) and enter into the body of the deed.
C. If the amount of the consideration paid for the transfer of the prop erty is not stated on the
face of the deed, you must complete and file the Michigan “Real Estate Transfer Valuation
Affidavit.” It is a state form and is available for download at the following site:
http://www.michigan.gov/taxes/0,1607,7 -238 -43535_43537 -154843 --,00.html
II. DISCLAIMER
These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for
the subject state. All information and Forms are subject to this Disclai mer:
All forms in this package are provided without any warranty, express or implied, as to
their legal effect and completeness. Please use at your own risk. If you have a serious
legal problem, we suggest that you consult an attorney in your state. U.S. Legal Forms,
Inc. does not provide legal advice. The products offered by U.S. Legal Forms (USLF) are
not a substitute for the advice of an attorney.
THESE MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED
WARRANTY OF ANY KIND INCLUDING WARRAN TIES OF MERCHANTABILITY,
NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY
PARTICULAR PURPOSE. IN NO EVENT SHALL U.S. LEGAL FORMS, INC. OR ITS
AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING
WITHOUT LIMITATION DAMAGES FOR LOSS OR PROFITS, BUSINESS INTERRUPTION,
LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
MATERIALS, EVEN IF U.S. LEGAL FORMS, INC. HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Quitclai m Deed Page 1 of 5
QUITCLAIM DEED
(Trust to Corporation)
KNOW ALL MEN BY THESE PRESENTS THAT:
Grantor , ______________________________ , whose address is ______ ________________ , as
Trustee of the ________________________ Trust , quitclaims to ________________________ , a
Corporation organized under the laws of the state of _______________ , whose address is
______________________ the following described premises situated in the City/County/Township of
______________________ , State of Michigan:
See Legal Description Attached as Exhibit A incorporated by reference as though set forth in full
Legal Description:
Common Address: ________________________
Tax Parcel No. __________________
Exempt from Transfer Tax pursuant to M.C.L.A. 207.505 ( ) and M.C.L.A. 207.526 ( ).
for the sum of .
If the land being conveyed is unplatted, the following is deemed to be included: “This property
may be located within the vicinity of farmland or a farm operation. Generally accepted ag ricultural and
management practices which may generate noise, dust, odors, and other associated conditions may be
used and are protected by the “Michigan Right to Farm Act ”.
IN WITNESS WHEREOF , the Grantor, acting in his capacity as Trustee of the
__________________ Trust, this the ______ day of __________________ , 20 ______ .
Quitclai m Deed Page 2 of 5
Name of Trust
By
Signature
Type or Print Name
STATE OF _______________________
COUNTY OF ___________________
The foregoing instrument was acknowledged before me this ____________________________ (date) by
___________________________________ (name of person acknowledged).
______________________________
Notary Public
Printed Name: ____________________
My Commission Expires:
____________________
Drafted by and return to:
Send subsequent tax bills to:
Quitclaim Deed Page 3 of 5
Certificate of Trust Existence and Authority
State of Michigan
ss.
County of
being first duly sworn deposes and states:
1. That he is of the following described Trust.
(to be executed by Grantor, Settlor, attorney for the Grantor, Settlor or Trustee, an officer of a banking institution or
an attorney if then acting as trustee)
2. The title or name of the trust is the .
3. The trust has ha s not been amended, modified or revoked since the date of its
execution on . If the trust has been modified,
amend ed or revoked, describe the modification, amendment or revocation:
4. The name and address of the Grantor or Settlor of the trust is:
Name:
Address:
City, State and Zip:
5. The name and address of the Trustee and all Successor Trustees are:
Title:
Name:
Address:
City, State and Zip:
Quitclaim Deed Page 4 of 5
Title:
Name:
Address:
City, State and Zip:
6. The Trust has an interest or is about to acquire an interest in the f ollowing described real
property:
7. The Trustee has the power to buy, sell, mortgage and convey real property as set out in
the specific trust powers. Copies of the specific trust powers are attached hereto and
made a pa rt hereof. (Attached photo copies of the specific trust power(s) from the body of the trust document
permitting the trustee to deal with the real property.)
8. The governing law of the Trust as set out in the Trust Agreement , and any amendments
to the trust , is the State of .
9. The trust remains in full force and effect.
10. At the time of the exe cution of this certificate the acting Trustees of the Trust are:
Name:
Address:
City, State and Zip:
Quitclaim Deed Page 5 of 5
STATE OF _______________________
COUNTY OF ___________________
The foregoing instrument was acknowledged before me this
____________________________ (date) by ___________________________________ (name
of person acknowledged).
______________________________
Notary Public
Printed Name: ____________________
My Commission Expires:
____________________
Quitclaim Deed Exhibit A
EXHIBIT A