11-1134
11-1134. Exemptions A. The affidavit and fee required by this article do not apply to the following instruments: 1. A deed that represents the payment in full or forfeiture of a recorded contract for the sale of real property. 2. A lease or easement on real property, regardless of the length of the term. 3. A deed, patent or contract for the sale or transfer of real property in which an agency or representative of the United States, this state, a county, city or town of this state or any political subdivision of this state is the named grantor, and authorized seller, or purchaser. 4. A quitclaim deed to quiet title as described in section 12-1103, subsection B. 5. A conveyance of real property that is executed pursuant to a court order. 6. A deed to an unpatented mining claim. 7. A deed of gift. B. The affidavit and fee required by this article do not apply to a transfer of title: 1. Solely in order to provide or release security for a debt or obligation, including a trustee's deed pursuant to power of sale under a deed of trust. 2. That confirms or corrects a deed that was previously recorded. 3. Between husband and wife, or parent and child, with only nominal actual consideration for the transfer. 4. On a sale for delinquent taxes or assessments. 5. On partition. 6. Pursuant to a merger of corporations. 7. By a subsidiary corporation to its parent corporation for no consideration or nominal consideration or in sole consideration for canceling or surrendering the subsidiary's stock. 8. From a person to a trustee or from a trustee to a trust beneficiary with only nominal actual consideration for the transfer. 9. To and from an intermediary for the purpose of creating a joint tenancy estate or some other form of ownership. 10. From a husband and wife or one of them to both husband and wife to create an estate in community property with right of survivorship. 11. From two or more persons to themselves to create an estate in joint tenancy with right of survivorship. 12. Pursuant to a beneficiary deed with only nominal actual consideration for the transfer. C. Any instrument that describes a transaction that is exempt under this section shall note the exemption on the face of the instrument at the time of recording, indicating the specific exemption that is claimed. |