April 26, 2017, Introduced by Rep. Whiteford and referred to the Committee on Financial Services.
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 executed, shall in
the
real estate 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 under 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 under 1915 PA 123,
MCL 565.451a to 565.453, of
the
Michigan
Compiled Laws, may be recorded in
the register's office.
Upon
the On 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 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.