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AN ACT to amend 1937 PA 103, entitled "An act to prescribe
certain conditions relative to the execution of instruments entitled to be
recorded in the office of the register of deeds," by amending section 1 (MCL
565.201), as amended by 2002 PA 19.
The People of the State of Michigan enact:
Sec. 1. (1) An instrument executed after October 29, 1937
by which the title to or any interest in real estate is conveyed, assigned,
encumbered, or otherwise disposed of shall not be received for record by the
register of deeds of any county of this state unless that instrument complies
with each of the following requirements:
- (a) The name of each person purporting to execute the instrument
is legibly printed, typewritten or stamped
beneath the original signature or mark of the person.
- (b) A discrepancy does not exist between the name of
each
person as printed,
typewritten or, stamped beneath their signature and the name as recited in
the acknowledgement or jurat on the instrument..
- (c) The name of any notary public whose signature
appears upon the instrument is legibly printed, typewritten or stamped
upon the instrument immediately beneath the signature of that notary
public.
- (d) The address of each of the grantees in each deed of
conveyance or assignment of real estate, including the street number
address if located within territory where street number addresses are in
common use, or, if not, the post office address, is legibly printed,
typewritten, or stamped on the instrument.
- (e) If the instrument is executed before April 1, 1997,
each sheet of the instrument is all of the following:
- (i) Typewritten or printed in type not smaller than
8-point size.
- (ii) Not more than 8-1/2 by 14 inches.
- (iii ) Legible.
- (iv ) On paper of not less than 13 (17 x 22--500)
pound weight.
- (f) If the instrument is executed after April 1, 1997,
each sheet of the instrument complies with all of the following
requirements:
- (i ) Has a margin of unprinted space that is at least
2-1/2 inches at the top of the first page and at least 1/2 inch on all
remaining sides of each page.
- (ii) Subject to subsection (3), displays on the first
line of print on the first page of the instrument a single statement
identifying the recordable event that the instrument evidences.
- (iii ) Is electronically, mechanically, or hand
printed in 10-point type or the equivalent of 10-point type.
- (iv) Is legibly printed in black ink on white paper
that is not less than 20- pound weight.
- (v) Is not less than 8-1/2 inches wide and 11 inches
long or more than 8-1/2 inches wide and 14 inches long.
- (vi) Contains no attachment that is less than 8-1/2
inches wide and 11 inches long or more than 8-1/2 inches wide and 14
inches long.
- (g) Unless state or federal law, rule, regulation, or
court order or rule requires that all or more than 4 sequential digits of
the social security number appear in the instrument, beginning on 1 of the
following dates the first 5 digits of any social security number appearing
in or on the instrument are obscured or removed:
- (i) Except as provided in subparagraph (ii), the
effective date of the amendatory act that added this subdivision.
- (ii) For an instrument presented to the register of
deeds by the department of treasury, April 1, 2008.
(2) Subsection (1)(e) and (f) do not apply to instruments
executed outside this state or to the filing or recording of a plat or other
instrument, the size of which is regulated by law.
(3) A register of deeds shall not record an instrument
executed after April 1, 1997 if the instrument purports to evidence more
than 1 recordable event.
(4) Any instrument received and recorded by a register of
deeds shall be conclusively presumed to comply with this act. The
requirements contained in this act are cumulative to the requirements
imposed by any other act relating to the recording of instruments.
(5) An instrument that complies with the provisions of
this act and any other act relating to the recording of instruments shall
not be rejected for recording because of the content of the instrument.
565.201a. Recording requirements: scrivener's name and
address on recorded instruments
Sec. 1a. Each instrument described in section 11
executed after January 1, 1964 shall contain the name of the person who
drafted the instrument and the business address of such person.
1Section 565.201
CERTIFIED COPIES AND DOCUMENTS EXECUTED OUT OF STATE
Certified copies-death certificates and court records do not have to meet
those items marked with an ○.
Also documents executed out of state will not be required to meet the
requirements marked by an ○.
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