September 20, 2011, Introduced by Senator EMMONS and referred to the Committee on Local Government and Elections.
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 having knowledge
of the relevant facts or by a person 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.