HB-4928, As Passed Senate, September 12, 2012

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4928

 

(As amended September 11, 2012)

 

September 8, 2011, Introduced by Reps. Cotter, Bumstead, Pettalia, Genetski, Kowall, MacGregor, Denby and Opsommer and referred to the Committee on Judiciary.

 

     A bill to amend 1915 PA 123, entitled

 

"An act to provide for the recording and use in evidence of

affidavits affecting real property; and to provide a penalty for

the making of false affidavits,"

 

(MCL 565.451a to 565.453) by adding section 1d.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1d. (1) An affidavit to correct the following types of

 

errors or omissions in previously recorded documents may be

 

recorded in the office of register of deeds for the county where

 

the real property that is the subject of the affidavit is located:

 

     (a) Errors and omissions relating to the proper place of

 

recording.

 

     (b) Scrivener's errors and scrivener's omissions.

 

     (2) All of the following apply to an affidavit under

 

subsection (1):

 

(A)           The affidavit shall be made by a person <<who has>>

knowledge


House Bill No. 4928 as amended September 11, 2012

 

of the relevant facts <<and is>> competent to testify

 

concerning those facts in open court and shall meet the

 

requirements of section 1c.

 

     (b) The affidavit does not alter the substantive rights of any

 

party unless it is executed by that party.

 

     (3) The county register of deeds shall index all names recited

 

within an affidavit recorded under subsection (1).

 

     (4) Subsection (1) does not prohibit the recording of a

 

corrected version of the previously recorded document indicating

 

the corrective changes and making reference to the previously

 

recorded document by liber and page number or by another unique

 

identifying number.