HB-4532, As Passed House, June 8, 2017
HB-4532, As Passed Senate, June 8, 2017
SUBSTITUTE FOR
HOUSE BILL NO. 4532
A bill to amend 1915 PA 79, entitled
"An act to provide certain requirements in written instruments
conveying or mortgaging real estate or any interest therein in
which there are male grantors, mortgagors or other parties
executing the same to entitle the same to record,"
by amending section 1 (MCL 565.221), as amended by 1980 PA 489.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. (1) All written instruments conveying or mortgaging
real
estate or any interest therein, hereafter in real estate
executed ,
shall and offered for record before
April 6, 2017 must
state
whether any and all male grantors, mortgagors, or other
parties executing the instrument are married or single, and the
register of deeds of the county in which the instrument is offered
for record shall refuse to receive the instrument for record unless
it
conforms to the provisions of this act.
(2) If the an instrument has been
recorded in the office of
the
a register of deeds of any county without the
instrument
showing
the marital status as herein required by this section, an
affidavit
stating the facts, executed in conformity with the
provisions
of Act No. 123 of the Public Acts of 1915, as amended,
being
sections 565.451a to 565.453 of the Michigan Compiled Laws,
1915 PA 123, MCL 565.451a to 565.453, may be recorded in the
register's office. Upon the recording of the affidavit showing the
marital status of the male grantor, mortgagor, or party executing,
on the date of the instrument, the record of the affidavit and the
record
of the instrument shall be are
effectual for all purposes of
as a legal record, and the record of the instrument and affidavit
or
a transcript thereof of
them may be given in evidence in all
cases,
and the instrument shall must
be construed to be as valid
and effectual as if it had contained a statement showing the
marital
status of the male person or persons individual or
individuals executing it.
(3) If an instrument offered for record before April 6, 2017
has
been recorded in the office of the a register of deeds of
any
county
without the instrument showing the
marital status as herein
required under this section, and a period of 10 years has elapsed
since
the recording, of the instrument, the record of the
instrument
or a transcript thereof of
it may be given in evidence
in
all cases and shall be is effectual for all purposes of as a
legal
record and the instrument shall must
be construed to be as
valid and effectual as if it had contained a statement showing the
marital
status of the male person or persons individual or
individuals executing it.