Real Property Transfers and Conveyances

 

 

INTRODUCTION

 

As adopted under Ohio Revised Code (ORC) Section 319.203, effective August 4, 1997, the Hamilton County Auditor and the Hamilton County Engineer’s Transfer and Conveyance Standards outlines specific guidelines for presenting documents to be transferred.  The purpose of transferring deeds through the Auditor is to maintain an accurate record of property ownership and parcel identification and to collect conveyance fees required by Ohio Revised Code (ORC) Section 319.20 and 322.02. 

 

REQUIRED DOCUMENTS

 

A.        Hamilton County Real Property Conveyance Fee Statement of Value And Receipt (DTE Form 100) – ORC 319.202 or

            Hamilton County Statement of Reason For Exemption From Real Property Conveyance Fee (DTE Form 100 EX) – ORC 319.202 & 319.54 (F) (3)

 

B.         Evidence of Title (usually a deed or court order) bearing the last known address of the grantee and reference to the recorded instrument through which the grantor claims title.  Based upon the content of the documents listed above, the following documents or information may also be required:

 

1.      Statement of Conveyance of Homestead Property (DTE Form 101) is required if the grantor (seller) of the property being conveyed was entitled to the Homestead reduction for the preceding or current tax year.

 

2.      Statement of Conveyance of Current Agricultural Use Value Property (DTE Form 102) is required if the grantor (seller) of property being conveyed was qualified for the current agricultural us valuation (CAUV) for the preceding or current tax year.

 

C.        A boundary survey is required when any tract, lot or parcel that is being conveyed is not described in the same manner as the same tract, lot or parcel was described in the immediately preceding conveyance of record.  A plat of the boundary survey must be submitted to the County Engineer for approval prior to submission to the County Auditor for transfer.  All boundary surveys must be made in accordance with the “Minimum Standards for Boundary Surveys” in the State of Ohio as defined by Chapter 4733-37 of the Ohio Administrative Code.

 

D.        The consolidation of parcels, of same ownership, requires a Plat of Survey.  The plat must meet the requirements of Section 11-3 and 11-4 of the Hamilton County Transfer and Conveyance Standards, contain deed reference of the consolidated parcels and the Book, Page, Parcel numbers of the consolidated parcels.

 

AFFIDAVITS

 

The Auditor can exercise the discretionary power [ORC 319.202 (a)] of requesting the applicant to provide additional information in the form of affidavits, deeds, trust documents, purchase agreements, closing statements, court orders, or any other document deemed necessary by the Auditor that sufficiently substantiates the claim for exemption or verifies the accuracy of information provided on the forms.

 

While the Auditor reserves the right to request such information in any and all cases, as a rule, affidavits will always be required when a DTE Form 100 EX is submitted and exemptions “b” or “m” is checked as the reason for exemption.

 

TRANSFER AND CONVEYANCE FEES

 

The following fees apply in Hamilton County:

 

State of Ohio Conveyance Fee .10/Hundred of the sale price (or 1.00/Thousand of the sale price)
HamiltonCounty Permissive Tax .20/Hundred of the sale price (or 2.00/Thousand of the sale price)
State of Ohio Transfer Tax .50/Parcel

 

 

EXAMPLE A

Sale Price: $135,000  
Number of Parcels: 2  
Conveyance Fee: 1350 x .10 $135.00
Permissive Tax: 1350 x .20 $270.00
Transfer Tax: 2 Parcels x .50 $1.00
TOTAL   $406.00

 

                     

 

EXAMPLE B

Sale Price: $250,300  
Number of Parcels: 3  
Conveyance Fee: 2503 x .10 $250.30
Permissive Tax: 2503 x .20 $500.60
Transfer Tax: 3 Parcels x .50 $1.50
TOTAL   $752.40

 

 

FORMS

 

All forms must be typed or clearly printed.  Please only write in the section below “GRANTEE OR REPRESENTATIVE MUST COMPLETE ALL QUESTIONS IN THIS SECTION”.

 

 

Real Property Conveyance Fee Statement of Value And Receipt

 

Questions 1 – 5 provide the office with Grantor (Seller) Name, Grantee (Buyer) Name, Address of Property (please provide actual street number and name), Grantee’s Permanent Mailing Address (future mailings from the Auditor’s office may be mailed to this address) and Tax Billing Address (future tax bills will be mailed to this address).

 

Question 6 – Are there buildings on the land?

If “yes” check appropriate type of building.  If you check “Apartment” you must include Number of Units.

If “no” you must provide explanation for intended use.

 

Question 7 – Condition of Sale (check all that apply).

 

Question 8 – Answer questions A through I. 

 

Question 9 – Grantor indicates whether this property is entitled to the Homestead Reduction for the preceding or current tax year. (If “Yes” DTE Form 101 Required)

 

Question 10 – Grantor indicates whether this property qualifies for current agricultural use valuation for the preceding or current tax year. (If “Yes” DTE Form 102 Required)

 

Question 11 – Is an application for 2 ½ % Reduction.  Will this property be grantee’s (buyers) principal residence by January 1 next year? (Notice:  failure to complete this application prohibits the owner from receiving this reduction until another proper and timely application is filed).

 

 

Statement Of Reason For Exemption From Real Property Conveyance Fee

 

Questions 1 – 5 provide the office with Grantor (Seller) Name, Grantee (Buyer) Name, Address of Property (please provide actual street number and name), Grantee’s Permanent Mailing Address (future mailings from the Auditor’s office may be mailed to this address) and Tax Billing Address (future tax bills will be mailed to this address).

 

 

 

 

 

REASONS FOR EXEMPTION

 

The following are the reasons for exemption as listed on DTE Form 100 EX:

 

a.   To or from the United States, this state, or any instrumentality, agency, or political   subdivision of the United States or this state;

b.   Solely in order to provide or release security for a debt or obligation; (must include affidavit of facts)

c.   To confirm or correct a deed previously executed and recorded;

d.   To evidence a gift, in any form, between husband and wife, or parent and child or the spouse of either;

e.    On sale for delinquent taxes or assessments;

f.    Pursuant to court order, to the extent that such transfer is not the result of a sale effected or completed pursuant such order;

g.   Pursuant to a reorganization of corporation or unincorporated associations or pursuant to the dissolution of a corporation, to the extent that the corporation conveys the property to a stockholder as a distribution in kind of the corporation’s assets in exchange for the stockholder’s shares in the dissolved corporation;

h.   By a subsidiary corporation to its parent corporation for no consideration, nominal consideration, or in sole consideration of the cancellation or surrender of the subsidiary’s stock;

i.    By lease, whether or not it extends to mineral rights, unless the lease is for a term of years renewable forever;

j.    When the value of the real property or interest in real property conveyed does not exceed one hundred dollars;

k.   Of an occupied residential property being transferred to the builder of a new residence when the former residence is traded as part of the consideration for the new residence;

l.    To a grantee other than a dealer in real property, solely for the purpose of and as a step in, its prompt sale to others;

m.  To or from a person when no money or other valuable or tangible consideration readily convertible into money is paid or to be paid for the real estate and the transaction is not a gift; (must include affidavit of facts)

n.   To an heir or devisee, between spouses or to a surviving spouse, from a person to himself and others, to a surviving tenant, or on the death of a registered owner;

o.   To a trustee acting on behalf of minor children of the deceased;

p.   Of an easement or right-of-way when the value of the interest conveyed does not exceed one thousand dollars;

q.   Of property sold to a surviving spouse pursuant to section 2106.16 of the Revised Code;

r.    To or from an organization exempt from federal income taxation under section 501(c)(3) of the Internal Revenue Code, provided such transfer is without consideration and is furtherance of the charitable or public purpose of such organization;

s.    Among the heirs at law or devisees, including a surviving spouse of a common decedent, when no consideration in money is paid or to be paid for the real property;

t.    To a trustee of a trust, when the grantor of the trust has reserved an unlimited power to revoke the trust;

u.   To the grantor of a trust by a trustee of the trust, when the transfer is made to the grantor pursuant to the exercise of the grantor’s power to revoke the trust or to withdraw trust assets;

v.   To the beneficiary of a trust if the fee was paid on the transfer from the grantor of the trust to the trustee or pursuant to trust provisions that became irrevocable at the death of the grantor;

w.  To a corporation for incorporation into a sports facility constructed pursuant to section 307.696 [307.69.6] of the Revised Code.