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.