Pursuant to OTR Tax Notice 2023-04 “NOTICE REGARDING THE TAXATION OF INSTRUMENTS RELATING TO
REFINANCES AND MODIFICATIONS” (see ROD’s website for the complete text of the Notice), if the deed of trust is
a commercial refinance, modification and/or amendment of a previously recorded deed of trust, where
exemption from recordation tax is claimed, the following information and documentation must be attached to this
form:
1.
Statement to the FP-7. The statement at a minimum MUST contain the following information and the
information MUST be presented in the following order:
a.
The principal face amount of the debt being refinanced or amended/modified;
b.
Instrument number, date of recordation, amount of tax paid as indicated on the recording stamp, and if
applicable the exemption claimed on the prior instrument(s);
c.
Outstanding principal balance of the existing debt being refinanced or modified/amended;
d.
In case of modification, amount of advances in the previous 12 months;
e.
New loan amount;
f.
Taxable amount, resulting from the difference between the new loan amount, plus the amount of advances
in case of modifications, less the outstanding principal balance of the existing deed. Please enter the taxable
amount in Line 3 Part H of the revised FP-7;
g.
Amount of recordation tax due. Please enter this amount in Line 6 Part I of the revised FP-7/C;
h.
For refinances, a statement as to whether the obligor of the debt being retired and grantor of the deed of trust
securing it is the same as the obligor on the replacement debt and grantor of the deed of trust securing it;
i.
For refinances, a statement as to whether the real property securing the debt being retired is the same as the real
property securing the replacement debt.
2.
Letter from lender stating the outstanding principal amount of the existing debt;
3.
Copy of HUD 1;
4.
Copies of previously recorded security instruments subject to the refinance or modification;
5.
Original new security instrument containing a recital on its face as to the instrument number of the deed of trust
being refinanced, modified or amended.
Line 3: enter total amounts of taxable (nonexempt) deeds of trust from sub part I (Deed) and/or sub part II
(Deeds of Trust-no transfer of title).
Tax Exemption Application: For any amounts which an exemption from recordation tax is claimed, enter either the
complete DC Code provision or the applicable paragraph number from Form ROD 7. Supporting documentation is
required to substantiate a claim for exemption. For more information, see Form ROD 4 “Required for Claiming
Exemption from Recordation and/or Transfer Tax”.