Michigan Modifies Provisions Regarding Property Recording
The state of Michigan has recently enacted Senate Bill No. 737, regarding the requirements for recording with the register of deeds. These provisions are effective immediately.
SB 737 lays out the requirements for instruments that may be accepted by the register of deeds. The bill states that instruments executed after October 29, 1937 must meet the following requirements.
First, the name of each person executing the instrument must be legibly printed, typewritten, or stamped beneath the original signature or mark of the person, and the signature must be in black or dark blue ink. There must not be any discrepancies between the name of each person as printed and the name as recited in the acknowledgment or jurat on the instrument. The name of any notary public whose signature appears on the instrument must also be legibly printed, typewritten, or stamped on the instrument, and must appear on the same page near the signature of the notary public. The address of each of the grantees in each deed of conveyance or assignment of real estate must also be legibly printed, typewritten, or stamped on the instrument.
The provisions also specify that if an instrument is executed before April 1, 1997, each sheet of the instrument must be typewritten or printed in type not smaller than 8-point size, on paper that is not more than 8-1/2 by 14 inches, and not less than 13 (17×22—500) pound weight. If the instrument is executed after April 1, 1997, each sheet of the instrument must: have 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; must display on the first line of print on the first page of the instrument a single statement identifying the recordable event that the instrument evidences; and must be electronically, mechanically, or hand printed in 10-point type or the equivalent of 10-point type in black ink on white paper that is not less than 20-pound weight, 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.
Further requirements include that if an instrument or any part of it is in a language other than English, a written English translation must be attached to the instrument. Also, if the instrument is executed after January 1, 1964, the instrument must contain the name and business address of the person who drafted the instrument. Another requirement is that for instruments recorded on or after September 12, 2007, the first 5 digits of any social security number appearing in or on the instrument must be obscured or removed.
Finally, the bill specifies that any instrument received and recorded by a register of deeds is conclusively presumed to be in compliance, and a register of deeds may not reject an instrument for recording because of the content of the instrument if the instrument complies with the provisions of the bill and any other act relating to the recording of instruments.
Zachary Pearlstein, JD, is a Regulatory Compliance Director with CLA's Mortgage Advisory Division. He joined CLA on January 1, 2014, as part of its acquisition of Bankers Advisory, Inc. Zachary oversees Mortgage Advisory's regulatory compliance team, which focuses on federal and state compliance, fair lending, and the Home Mortgage Disclosure Act (HMDA). He is a graduate of Brandeis University and earned his juris doctor at Suffolk University Law School. He is admitted to the Massachusetts Bar.
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