Title 48, Chapter 6, Section 61
( 48-6-61)
Every holder of a long-term note secured by real estate shall,
within 90 days from the date of the instrument executed to secure
the note, record the security instrument in the county in which is
located the real estate conveyed or encumbered or upon which a lien
is created to secure the note and shall present, prior to presenting
the instrument to the clerk of superior court for recording, the
security instrument to the collecting officer of the county in which
the real estate is located. The collecting officer shall determine
from the face of the security instrument the date of execution of
the instrument, the maturity date of the note, and the principal
amount of the note. There is imposed on each instrument an
intangible recording tax at the rate of $1.50 for each $500.00 or
fraction thereof of the face amount of the note secured by the
recording of the security instrument. The collecting officer shall
collect the tax due on the security instrument from the holder of
the instrument; provided, however, the holder may pass on the amount
of such tax to the borrower or mortgagor but the amount of such tax
passed to the borrower or mortgagor shall not be considered or
treated as part of any finance charge imposed by the holder in
connection with the loan transaction. If the security instrument
reflects an amount greater than the principal amount of the note
and, at the time the security instrument is presented for recording,
the holder of the note also presents for recording with the security
instrument said holder's sworn statement itemizing the principal
amount of the note and the other charges included within the amount
shown on the face of the security instrument, the collecting officer
shall determine the principal amount of the note from the sworn
statement. The maximum amount of any intangible recording tax
payable as provided in this Code section with respect to any single
note shall be $25,000.00. |