RECORDING INSTRUMENTS WITH E-SIGNATURE S.B. 62:
SUMMARY OF INTRODUCED BILL
IN COMMITTEE
Senate Bill 62 (as introduced 2-3-15)
Sponsor: Senator Curtis Hertel, Jr.
CONTENT
The bill would amend Public Act 103 of 1937, which prescribes conditions for the execution of instruments to be recorded with the register of deeds, to provide that certain requirements would not apply to an instrument on which an electronic signature was affixed.
Under the Act, an instrument that conveys, assigns, encumbers, or otherwise disposes of the title to or any interest in real estate may not be received for recording by the register of deeds of any county unless the instrument complies with specified requirements. The requirements include the following:
-- The name of each person purporting to execute the instrument must be legibly printed, typewritten, or stamped beneath the original signature or mark of the person.
-- The name of any notary public whose signature appears upon the instrument must be legibly printed, typewritten, or stamped upon the instrument immediately beneath the signature of the notary.
-- The address of each of the grantees in each deed of conveyance or assignment of real estate must be legibly printed, typewritten, or stamped on the instrument.
The requirements listed above do not apply to an instrument on which the signature itself is printed, typewritten, or stamped. Under the bill, those requirements also would not apply to an instrument on which the signature was electronically affixed.
MCL 565.203 Legislative Analyst: Patrick Affholter
FISCAL IMPACT
The bill would have no fiscal impact on State or local government.
Fiscal Analyst: Elizabeth Pratt
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.