SB-0737, As Passed Senate, February 14, 2018

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 737

 

 

December 13, 2017, Introduced by Senators HERTEL, KNEZEK and PROOS and referred to the Committee on Local Government.

 

 

A bill to amend 1937 PA 103, entitled

 

"An act to prescribe certain conditions relative to the execution

of instruments entitled to be recorded in the office of the

register of deeds,"

 

by amending section 1 (MCL 565.201), as amended by 2014 PA 347.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

Sec. 1. (1) An A register of deeds shall not receive for

 

recording an instrument executed after October 29, 1937 by which

 

the title to or any interest in real estate is conveyed, assigned,

 

encumbered, or otherwise disposed of shall not be received for

 

record by the register of deeds of any county of this state unless

 

that the instrument complies with each of the following

 

requirements:

 

(a) The name of each person purporting to execute the

 


instrument is legibly printed, typewritten, or stamped beneath the

 

original signature or mark of the person, and the signature or mark

 

is in black or dark blue ink.

 

(b) A discrepancy does not exist between the name of each

 

person as printed, typewritten, or stamped beneath their his or her

 

signature and the name as recited in the acknowledgment or jurat on

 

the instrument.

 

(c) The name of any notary public whose signature appears upon

 

on the instrument is legibly printed, typewritten, or stamped upon

 

on the instrument immediately beneath and appears on the same page

 

near the signature of that the notary public.

 

(d) The address of each of the grantees in each deed of

 

conveyance or assignment of real estate, including the street

 

number address if located within territory where street number

 

addresses are in common use, or, if not, the post office address,

 

is legibly printed, typewritten, or stamped on the instrument.

 

(e) If the instrument is executed before April 1, 1997, each

 

sheet of the instrument is all of the following:

 

(i) Typewritten or printed in type not smaller than 8-point

 

size.

 

(ii) Not more than 8-1/2 by 14 inches.

 

(iii) Legible.

 

(iv) On paper of not less than 13 (17x22500) pound weight.

 

(f) If the instrument is executed after April 1, 1997, each

 

sheet of the instrument complies with all of the following

 

requirements:

 

(i) Has a margin of unprinted space that is at least 2-1/2


inches at the top of the first page and at least 1/2 inch on all

 

remaining sides of each page.

 

(ii) Subject to subsection (3), displays on the first line of

 

print on the first page of the instrument a single statement

 

identifying the recordable event that the instrument evidences.

 

(iii) Is electronically, mechanically, or hand printed in 10-

 

point type or the equivalent of 10-point type.

 

(iv) Is legibly printed in black ink on white paper that is

 

not less than 20-pound weight.

 

(v) Is not less than 8-1/2 inches wide and 11 inches long or

 

more than 8-1/2 inches wide and 14 inches long.

 

(vi) Contains no attachment that is less than 8-1/2 inches

 

wide and 11 inches long or more than 8-1/2 inches wide and 14

 

inches long.

 

(g) Unless state or federal law, rule, regulation, or court

 

order or rule requires that all or more than 4 sequential digits of

 

the social security number appear in the instrument, beginning on 1

 

of the following dates the first 5 digits of any social security

 

number appearing in or on the instrument are obscured or removed:

 

(i) Except as provided in subparagraph (ii), September 12,

 

2007.

 

(ii) For an instrument presented to the register of deeds by

 

the department of treasury, April 1, 2008.

 

(h) If the instrument or any part of it is in a language other

 

than English, a written English translation is attached to the

 

instrument.

 

(2) Subsection (1)(e) and (f) does not apply to instruments


executed outside this state or to the filing or recording of a plat

 

or other instrument, the size of which is regulated by law.

 

(3) A register of deeds shall not record an instrument

 

executed after April 1, 1997, other than an instrument described in

 

subsection (2), if the statement required under subsection

 

(1)(f)(ii) purports to evidence more than 1 recordable event.

 

(4) Any instrument received and recorded by a register of

 

deeds, including any instrument considered duly recorded under

 

subsection (6), is conclusively presumed to comply with this act.

 

The requirements contained in this act are cumulative to the

 

requirements imposed by any other act relating to the recording of

 

instruments.

 

(5) An A register of deeds shall not reject an instrument that

 

for recording because of the content of the instrument if the

 

instrument complies with the provisions of this act and any other

 

act relating to the recording of instruments. shall not be rejected

 

for recording because of the content of the instrument.

 

(6) If a mortgage meets all requirements for recording under

 

this act and a copy of the mortgage is affixed to an affidavit that

 

is recordable under section 1a(g) of 1915 PA 123, MCL 565.451a,

 

then the register of deeds shall receive the affidavit with the

 

accompanying copy of the mortgage shall be received for record, by

 

the register of deeds, and the mortgage is duly recorded under this

 

act and under section 29 of 1846 RS 65, MCL 565.29, as of the date

 

of recording of the affidavit. To the extent that the mortgage

 

validly creates a lien, the lien is perfected as of the date of

 

recording of the affidavit. The amendatory act that added this


subsection applies amendments to this section enacted by 2014 PA

 

347 apply retroactively to all copies of mortgages verified by

 

affidavit regardless of whether they are recorded on, before, or

 

after October 17, 2014, the effective date of that amendatory act.

 

2014 PA 347. However, a register of deeds shall not receive an

 

affidavit and mortgage shall not be received for record under this

 

subsection on or after the effective date of the amendatory act

 

that added this subsection October 16, 2014 if more than 1 mortgage

 

is attached to the affidavit.