Download Michigan Property Transfer Affidavit 2766 Template Access Editor Here

Download Michigan Property Transfer Affidavit 2766 Template

The Michigan Property Transfer Affidavit 2766 form is a vital document used in the process of transferring ownership of property within the state of Michigan. It ensures that the local government is informed about the change in property ownership, which is crucial for property tax assessment purposes. For those involved in property transactions in Michigan, filling out and submitting this form is an essential step. Click the button below to start filling out your form.

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When a piece of property changes hands in Michigan, the transaction involves more than just signing over a deed. One of the critical steps in the process is the completion and submission of the Michigan Property Transfer Affidavit (Form 2766). This document serves an essential function in the real estate transfer process, ensuring that the local assessing officer is informed of the transfer of property, which, in turn, allows for the accurate assessment of the property for tax purposes. Not only does it provide essential details about the sale or transfer, including the date and the parties involved, but it also plays a pivotal role in updating the public record. Timeliness is key, as this form must be filed within 45 days of the transfer to avoid penalties. By accurately completing and promptly submitting this form, both buyers and sellers can ensure a smoother transition and comply with Michigan's legal requirements, making it a cornerstone of property transactions within the state. The implications of this affidavit extend beyond the mere administrative, impacting tax assessments and potentially affecting property taxes, making its correct handling a matter of financial prudence as well as legal compliance.

Document Example

Michigan Department of Treasury 2766 (Rev. 05-16)
Property Transfer Affidavit

Reset Form

L-4260

This form is issued under authority of P.A. 415 of 1994. Filing is mandatory.

This form must be filed whenever real estate or some types of personal property are transferred (even if you are not recording a deed). The completed

Affidavit must be filed by the new owner with the assessor for the city or township where the property is located within 45 days of the transfer. The information on this form is NOT CONFIDENTIAL.

1.

Street Address of Property

 

 

 

 

2. County

 

 

3. Date of Transfer (or land contract signed)

 

 

 

 

 

 

 

 

 

 

 

4.

Location of Real Estate (Check appropriate field and enter name in the space

below.)

5.

Purchase Price of

Real Estate

 

 

City

 

Township

 

Village

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

6.

Seller’s (Transferor) Name

 

 

 

 

 

 

 

 

 

 

 

7.

Property Identification Number (PIN). If you don’t have a PIN, attach legal description.

8.

Buyer’s (Transferee) Name and Mailing Address

PIN. This number ranges from 10 to 25 digits. It usually includes hyphens and sometimes includes

 

 

 

letters. It is on the property tax bill and on the assessment notice.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

9.

Buyer’s (Transferee) Telephone Number

 

 

 

 

 

 

 

 

 

 

 

Items 10 - 15 are optional. However, by completing them you may avoid further correspondence.

10.Type of Transfer. Transfers include, but are not limited to, deeds, land contracts, transfers involving trusts or wills, certain long-term leases and business interest. See page 2 for list.

 

 

Land Contract

 

 

 

Lease

 

 

 

 

Deed

 

Other (specify) _______________________

 

 

 

 

 

11. Was property purchased from a financial institution?

12. Is the transfer between related persons?

 

13. Amount of Down Payment

 

 

Yes

 

No

 

 

Yes

 

 

 

 

No

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

14. If you financed the purchase, did you pay market rate

of interest?

 

 

15. Amount Financed (Borrowed)

 

 

Yes

 

No

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXEMPTIONS

Certain types of transfers are exempt from uncapping. If you believe this transfer is exempt, indicate below the type of exemption you are claiming. If you claim an exemption, your assessor may request more information to support your claim.

Transfer from one spouse to the other spouse

Change in ownership solely to exclude or include a spouse

Transfer between certain family members *(see page 2)

Transfer of that portion of a property subject to a life lease or life estate (until the life lease or life estate expires)

Transfer between certain family members of that portion of a property after the expiration or termination of a life estate or life lease retained by transferor ** (see page 2)

Transfer to effect the foreclosure or forfeiture of real property

Transfer by redemption from a tax sale

Transfer into a trust where the settlor or the settlor’s spouse conveys property to the trust and is also the sole beneficiary of the trust Transfer resulting from a court order unless the order specifies a monetary payment

Transfer creating or ending a joint tenancy if at least one person is an original owner of the property (or his/her spouse)

Transfer to establish or release a security interest (collateral)

Transfer of real estate through normal public trading of stock

Transfer between entities under common control or among members of an affiliated group

Transfer resulting from transactions that qualify as a tax-free reorganization under Section 368 of the Internal Revenue Code. Transfer of qualified agricultural property when the property remains qualified agricultural property and affidavit has been filed. Transfer of qualified forest property when the property remains qualified forest property and affidavit has been filed.

Transfer of land with qualified conservation easement (land only - not improvements)

Other, specify: __________________________________________________________________________________________________

CErTIfICaTION

I certify that the information above is true and complete to the best of my knowledge.

Printed Name

Signature

Date

Name and title, if signer is other than the owner

Daytime Phone Number

E-mail Address

2766, Page 2

Instructions:

This form must be filed when there is a transfer of real property or one of the following types of personal property:

Buildings on leased land.

Leasehold improvements, as defined in MCL Section 211.8(h).

Leasehold estates, as defined in MCL Section 211.8(i) and (j).

Transfer of ownership means the conveyance of title to or a present interest in property, including the beneficial use of the property. For complete descriptions of qualifying transfers, please refer to MCL Section 211.27a(6)(a-j).

Excerpts from Michigan Compiled Laws (MCL), Chapter 211

**Section 211.27a(7)(d): Beginning December 31, 2014, a transfer of that portion of residential real property that had been subject to a life estate or life lease retained by the transferor resulting from expiration or termination of that life estate or life lease, if the transferee is the transferor’s or transferor’s spouse’s mother, father, brother, sister, son, daughter, adopted son, adopted daughter, grandson, or granddaughter and the residential real property is not used for any commercial purpose following the transfer. Upon request by the department of treasury or the assessor, the transferee shall furnish proof within 30 days that the transferee meets the requirements of this subdivision. If a transferee fails to comply with a request by the department of treasury or assessor under this subdivision, that transferee is subject to a fine of $200.00.

*Section 211.27a(7)(u): Beginning December 31, 2014, a transfer of residential real property if the transferee is the transferor’s or the transferor’s spouse’s mother, father, brother, sister, son, daughter, adopted son, adopted daughter, grandson, or granddaughter and the residential real property is not used for any commercial purpose following the conveyance. Upon request by the department of treasury or the assessor, the transferee shall furnish proof within 30 days that the transferee meets the requirements of this subparagraph. If a transferee fails to comply with a request by the department of treasury or assessor under this subparagraph, that transferee is subject to a fine of $200.00.

Section 211.27a(10): “... the buyer, grantee, or other transferee of the property shall notify the appropriate assessing office in the local unit of government in which the property is located of the transfer of ownership of the property within 45 days of the transfer of ownership, on a form prescribed by the state tax commission that states the parties to the transfer, the date of the transfer, the actual consideration for the transfer, and the property’s parcel identification number or legal description.”

Section 211.27(5): “Except as otherwise provided in subsection (6), the purchase price paid in a transfer of property is not the presumptive true cash value of the property transferred. In determining the true cash value of transferred property, an assessing officer shall assess that property using the same valuation method used to value all other property of that same classification in the assessing jurisdiction.”

Penalties:

Section 211.27b(1): “If the buyer, grantee, or other transferee in the immediately preceding transfer of ownership of property does not notify the appropriate assessing office as required by section 27a(10), the property’s taxable value shall be adjusted under section 27a(3) and all of the following shall be levied:

(a)Any additional taxes that would have been levied if the transfer of ownership had been recorded as required under this act from the date of transfer.

(b)Interest and penalty from the date the tax would have been originally levied.

(c)For property classified under section 34c as either industrial real property or commercial real property, a penalty in the following amount:

(i)Except as otherwise provided in subparagraph (ii), if the sale price of the property transferred is $100,000,000.00 or less, $20.00 per day for each separate failure beginning after the 45 days have elapsed, up to a maximum of $1,000.00.

(ii)If the sale price of the property transferred is more than $100,000,000.00, $20,000.00 after the 45 days have elapsed.

(d)For real property other than real property classified under section 34c as industrial real property or commercial real property, a penalty of $5.00 per day for each separate failure beginning after the 45 days have elapsed, up to a maximum of $200.00.

Form Specifics

Fact Name Description
Purpose of the Form The Michigan Property Transfer Affidavit Form 2766 is required to be filed whenever real estate is transferred (even if the transfer is a gift), to report the change of ownership to the local assessing office.
Filing Deadline This affidavit must be filed with the local assessor where the property is located within 45 days of the transfer. If filed late, a penalty may apply.
Governing Law The form is mandated by Michigan Compiled Laws (MCL 211.27a), which requires the reporting of property transfers to ensure proper assessment and taxation.
Penalties for Late Filing If the affidavit is not filed within the 45-day window, a penalty of $5 for each day the form is late, up to a maximum of $200, may be assessed.

Michigan Property Transfer Affidavit 2766 - Usage Steps

When a piece of property in Michigan changes hands, the new owner has a crucial task to tackle: completing the Property Transfer Affidavit 2766 form. This document is vital due to its role in ensuring the property tax records are updated accurately. The process, while it may seem daunting at first, is quite straightforward when broken down into manageable steps. Here, you will find a clear guide to help you through each stage of filling out the form. Remember, accuracy is key—taking the time to fill out this form correctly ensures the smooth transition of property records to reflect your ownership.

  1. Begin by locating the most current version of the Property Transfer Affidavit 2766 form. This can usually be found on the website of the Michigan Department of Treasury or by contacting your local assessor's office.
  2. Fill in the date of the transfer (the day you became the property's new owner) in the space provided at the top of the form.
  3. Enter the full legal name(s) of the property's new owner(s) in the designated section. If the property is owned by more than one person, include all names.
  4. Specify the property's address, including the city, village, or township in Michigan where the property is located. Ensure this information is accurate to avoid any processing delays.
  5. Provide a detailed legal description of the property. This information is usually found on your deed or other paperwork received at the time of purchase. Copy this information exactly as it appears on your documents.
  6. In the section asking for the property tax ID number, enter the number exactly as it appears on your tax bill or any other correspondence you have received from the local tax office.
  7. Check the appropriate box to indicate the nature of the property transfer. Options include sale, inheritance, leasehold, or other. If "other" is selected, provide a brief explanation.
  8. Fill in the sale price of the property, if applicable. If the property was not sold (e.g., if it was inherited), leave this section blank or enter "N/A."
  9. Sign and date the bottom of the affidavit to certify that the information provided is true and accurate to the best of your knowledge.
  10. Lastly, submit the completed affidavit to the assessor's office for the city, village, or township where the property is located. Note the submission deadline: this document must be filed within 45 days of the transfer to avoid penalties. It is often possible to submit the form in person, by mail, or, in some cases, electronically.

Completing the Property Transfer Affidavit 2766 form is a crucial step for new property owners in Michigan, ensuring that the transition of ownership is recognized formally by the state's tax records. By following these steps carefully, property owners can fulfill their obligations smoothly and avoid any potential complications with the local tax authorities.

More About Michigan Property Transfer Affidavit 2766

  1. What is the Michigan Property Transfer Affidaid 2766 form?

    This form is a document required by the state of Michigan when ownership of property is transferred. It notifies the local assessing office of the change in ownership. The information provided helps determine if a property assessment or the taxable value should be adjusted.

  2. When do I need to file the Michigan Property Transfer Affidavit 2766 form?

    It must be filed within 45 days of the property transfer. If filed late, a penalty may apply. Timely filing ensures your property taxes are accurately assessed based on the new ownership.

  3. Who is responsible for filing this form?

    The buyer or the new owner of the property is responsible for filing the form. However, the seller may assist in ensuring the form is submitted on time.

  4. Where do I file the Michigan Property Transfer Affidavit 2766 form?

    The form should be filed with the local assessor's office where the property is located. Contact the local office for specific submission details, as it may vary by jurisdiction.

  5. What information do I need to complete the form?

    You'll need detailed information about the property being transferred, including the legal description, property identification number, date of transfer, sale price, and the type of transfer. Personal information about the buyer and seller is also required.

  6. Is there a filing fee for the Michigan Property Transfer Affidavit 2766 form?

    No, there is no filing fee for submitting this form in Michigan. The state requires the form for record-keeping and tax purposes without imposing a charge.

  7. What happens if the form is not filed, or filed late?

    If the form is not submitted within the 45-day deadline, a penalty may be charged. The amount can vary but often is based on the sale price of the property. Late filing can also delay the correct assessment of property taxes.

  8. How can I obtain the Michigan Property Transfer Affidavit 2766 form?

    The form is available through the Michigan Department of Treasury website. It can also be picked up at your local assessor's office. Some offices may also email you a copy upon request.

  9. Can I file the form electronically?

    Whether you can file electronically depends on the local assessor's office. Some jurisdictions in Michigan allow electronic submissions, while others require a hard copy. Check with the local office for their submission guidelines.

  10. Are there any special considerations or tips for filling out the form?

    Ensure that all information provided on the form is accurate and complete. Double-check the legal description and property identification number for errors. If you're unsure about any details, consider consulting with a real estate attorney or the local assessor's office. Being thorough can prevent processing delays.

Common mistakes

When transferring property in Michigan, the Property Transfer Affidavit Form 2766 is a crucial document that must be correctly completed and submitted within 45 days of the transfer. Mistakes on this form can lead to delays, penalties, or issues with your property taxes. Here are four common errors to watch out for:

  1. Not Providing Complete Information: One of the most frequent mistakes is the omission of pertinent details. The form requires comprehensive information about the seller, buyer, and the property itself. Leaving sections incomplete can cause processing delays. It's essential to review the form thoroughly and ensure every applicable section is filled out.

  2. Incorrect Property Identification: The accuracy of the property description and identification numbers is paramount. This data links the affidavit to the specific parcel of land in county records. Any discrepancy between what's detailed on the form and the official records can lead to the rejection of the affidavit. Double-check the legal description and parcel numbers against your deed or property tax bill to ensure they match.

  3. Failure to Acknowledge the Transfer Date: The actual date of property transfer must be accurately reported on the form. This date is crucial for determining when your responsibility for property taxes begins or ends. Incorrectly reporting or overlooking this date can result in tax billing errors. It's a detail that might seem minor but holds significant implications for fiscal responsibilities.

  4. Improper Signature and Notarization: The affidavit must be signed in the presence of a notary by the person(s) who are transferring the property. Neglecting this step invalidates the document. Ensure that all required parties have signed the affidavit before a notary and that the notary completes their section, including their seal. This official endorsement is necessary for the document to be recognized by the county recorder or registrar of deeds.

Avoiding these mistakes can streamline the property transfer process and help secure your property rights without unnecessary complications or delays. Always take the time to review the document carefully and consult with a professional if you have any questions or concerns. The effort put into accurately completing the Property Transfer Affidavit Form 2766 is well worth the peace of mind it brings to your property transfer dealings.

Documents used along the form

When transferring property in Michigan, the Property Transfer Affidavit Form 2766 is just one piece of the puzzle. Completing a real estate transaction involves several other crucial documents, ensuring legality and protecting all parties involved. Below, we outline eight forms and documents that are commonly used alongside the Property Transfer Affidavit, each serving a specific purpose in the transaction process.

  • Warranty Deed: This document guarantees that the property title is clear of liens or claims, offering the highest level of protection to the buyer. It transfers ownership from the seller to the buyer.
  • Quit Claim Deed: A simpler form of transferring property rights from one party to another without any warranty regarding the title's clearness. Commonly used among family members or in divorce settlements.
  • Title Insurance Policy: Provides protection against financial loss from defects in title to real property and from the invalidity or unenforceability of mortgage loans.
  • Land Contract: A legal agreement between the seller and buyer where the seller provides financing to the buyer to purchase the property over time, transferring the deed upon full payment.
  • Seller's Disclosure Statement: A document in which the seller discloses known facts about the condition of the property, including any material defects.
  • Real Estate Transfer Tax Declarations: Forms required by the state and/or local government to assess and collect taxes on the transfer of property.
  • Home Inspection Reports: Documents detailing the condition of the property, identifying any issues or repairs that may be necessary. Home inspections are typically initiated by the buyer.
  • Mortgage Documents: If the buyer is financing the purchase, this would include the loan application, mortgage note, and mortgage or deed of trust. These documents outline the terms of the loan, including the repayment schedule and interest rate.

Together, these documents create a comprehensive package that supports the Property Transfer Affidavit Form 2766, ensuring that the property transfer is executed smoothly and legally. While this may seem like an extensive list, each document plays a key role in protecting the interests of both parties involved and maintaining the integrity of the real estate transaction. Understanding each document's purpose and requirements can help simplify the property transfer process, making it a more secure and straightforward experience.

Similar forms

The Michigan Property Transfer Affidavit 2766 form is closely related to the Principal Residence Exemption (PRE) Affidavit. Both documents are crucial in the realm of real estate transactions within Michigan. The Property Transfer Affidavit is mandatory when there's a change in ownership, ensuring the local government is updated for assessment and taxation purposes. On the other hand, the PRE Affidavit allows homeowners to claim an exemption from some school taxes for their primary residence. Despite their different functions, both require accurate completion to ensure proper tax treatment of the property involved.

Another document bearing similarity is the Seller's Disclosure Statement. This document, while not a government form like the Property Transfer Affidavit, plays a pivotal role in the transfer of property. It requires sellers to disclose certain conditions and defects of the property, providing potential buyers with vital information. The Property Transfer Affidavit complements this by officially recording the change in ownership, which can have implications on the property's assessed value and taxes based on the disclosed conditions.

The Quit Claim Deed is also similar in context to the Michigan Property Transfer Affidavit. The Quit Claim Deed is used to transfer any interest in real property from one person to another without guaranteeing the title's quality. It often accompanies the Property Transfer Affidavit in transactions where a clear and unencumbered title might not be guaranteed, but a change in ownership is still recorded at the county level. Hence, while serving different purposes, both are integral in the conveyance process, affecting the property’s legal and tax status.

Comparable to the Property Transfer Affdavit is the Warranty Deed. This document not only transfers ownership but also expressly guarantees the buyer that the seller holds a clear title to the property. When a Warranty Deed is executed, filing a Property Transfer Affidavit with the local municipality ensures that the local tax rolls reflect the current owner and assesses taxes accordingly. Both documents safeguard the interests of the buyer and local government, ensuring that property rights and tax responsibilities are clearly defined.

Last but not least, the Homestead Property Tax Credit Claim resembles the Property Transfer Affidavit in its tax implications for Michigan residents. This claim allows eligible homeowners and renters to receive a tax credit on their primary residence, which is predicated on the ownership and taxable status of the property. Like the Property Transfer Affidavit, filing this claim requires up-to-date information on property ownership and serves to adjust tax liabilities based on residency and usage. While the Homestead Credit directly impacts the individual's tax bill, the Property Transfer Affidavit ensures the local authority has the requisite ownership details to assess property taxes accurately.

Dos and Don'ts

When you're filling out the Michigan Property Transfer Affidavit 2766 form, it's important to get things right. This document is essential for documenting the transfer of property ownership and ensuring taxes are accurately assessed. Here are five things you should do, and five things you shouldn't, to help make the process smoother.

What You Should Do:

  1. Read the instructions carefully before you begin. This will help you understand each section and what is required.
  2. Use black or blue ink to ensure the information is legible and can be photocopied or scanned without issues.
  3. Double-check the property identification number (PIN) and legal description of the property to ensure they match the records.
  4. Provide all the requested details, including the date of the transfer, the sale price, and any terms of the sale.
  5. Sign and date the form in the designated area. If the form is being filled out by an agent or representative, include their name and relationship to the owner.

What You Shouldn't Do:

  1. Don't leave any sections blank. If a section doesn't apply, indicate this with "N/A" (not applicable) or "0" if it's asking for a numeric value.
  2. Don't use pencil or any ink color that isn't black or blue. Documents needing official records must be clearly legible.
  3. Avoid guessing or estimating information. Use exact figures wherever possible, and consult documents or professionals for accurate information.
  4. Don't forget to include all required attachments or supporting documents. This might include proof of sale or a deed.
  5. Lastly, avoid submitting the form late. There are deadlines for when this affidavit must be filed, typically within a specific number of days after the property transfer.

Misconceptions

When it comes to transferring property in Michigan, the Property Transfer Affidavit Form 2766 plays a crucial role in ensuring that property taxes are assessed accurately and reflect current ownership. However, misconceptions about this form are not uncommon. Let's clear up some of the most widespread misunderstandings.

  • It's only for selling property: A common misconception is that this form is only required when property is sold. In reality, the form is needed for any transfer of ownership, including inheritances, gifting, or placing the property into a trust.
  • No deadline for submission: Another mistaken belief is that there is no deadline for submitting the form. The truth is, the form must be filed with the local assessor's office within 45 days of the transfer. Failure to do so can result in penalties.
  • It affects property taxes immediately: Some people think that submitting the form will immediately change their property taxes. However, any change in property taxes will not take effect until the following assessment roll.
  • Personal information isn’t disclosed: While privacy is a concern for many, the form does require disclosure of certain personal information, such as the names of the buyer and seller, to accurately record the transfer of property.
  • Only the buyer needs to sign: This is not the case. Both the buyer and the seller, or their legal representatives, must complete and sign the form to ensure a proper transfer of property records.
  • The form is complicated to complete: While any legal form can seem daunting, the Property Transfer Affidavit Form 2766 is relatively straightforward. It requires basic information about the property and its transfer. Assistance from a legal advisor or the local assessor’s office can help simplify the process.

Clearing up these misconceptions is important for anyone involved in a property transaction in Michigan. Understanding and accurately completing the Property Transfer Affidavit Form 2766 ensures compliance with state laws and can help avoid unnecessary penalties or delays in the transfer process.

Key takeaways

The Michigan Property Transfer Affidavit 2766 is a crucial document for recording the change in ownership of property within the state of Michigan. Understanding its importance, guidelines, and deadlines ensures a smooth transfer process for both the seller and the buyer. Here are key takeaways regarding completing and using this affidavit effectively.

  • Timeliness is Key: The affidavit must be filed with the local assessor's office within 45 days of the property transfer. Failure to meet this deadline can result in penalties, including fines. It is crucial to stay ahead of this timeline to avoid unnecessary complications.
  • Accuracy is Essential: Completing the affidavit requires attention to detail. It should accurately reflect the transfer's specifics, including the date of transaction, sale price, and parties involved. Discrepancies can lead to delays or inquiries from the assessor’s office.
  • Documentation Requirements: Alongside the affidavit, you may need to present additional documentation proving the transfer of ownership. This could include the deed or a land contract. Ensuring these documents are prepared and available beforehand will streamline the process.
  • No Fee for Filing: It is important to note that filing the Michigan Property Transfer Affidavit 2766 does not require a fee. This can ease the transaction process for both parties involved.
  • Public Record: Once filed, the information within the affidavit becomes part of the public record. This transparency assists in the accurate assessment of property values across the community and ensures the equitable collection of taxes.
  • Assistance is Available: For those unfamiliar with the process or requiring clarification on specific points, assistance is available. Local assessor offices can provide guidance and help with questions related to filling out and submitting the affidavit. Leveraging this resource can facilitate a correct and timely submission.

In conclusion, the Michigan Property Transfer Affidavit 2766 plays a pivotal role in the transfer of property, impacting both the buyer and the seller. Acknowledging its requirements and deadlines, ensuring the accuracy of the information provided, and understanding the support available are essential steps in successfully navigating this process.

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