REC-23 – Deeds of Trust Filed with Assignment to Fannie Mae or Freddie Mac Subject to Tax

When a deed of trust is presented to the local register of deeds along with an assignment to either the Federal National Mortgage Association (“Fannie Mae”) or the Federal Home Loan Mortgage Corporation (“Freddie Mac”), the recordation of such deed of trust is subject to recordation tax.

Both Fannie Mae and Freddie Mac are privately held government-sponsored enterprises. They are not federal government agencies; therefore, they do not fall under the constitutional doctrine of intergovernmental tax immunity, nor do they otherwise qualify for any recordation tax exemption.

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