HOUSE BILL No. 5236


     October 7, 1997, Introduced by Reps. Hammerstrom and Brackenridge and referred to the Committee on Local Government.


        A bill 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 reg-
   ister of deeds,"

   by amending section 1 (MCL 565.201), as amended by 1996 PA 459.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 1.  (1) An instrument executed after October 29, 1937

 2    by which the title to or any interest in real estate is conveyed,

 3    assigned, encumbered, or otherwise disposed of shall not be

 4    received for record by the register of deeds of  any  A county of

 5    the state unless that instrument complies with  each  ALL of the

 6    following requirements:

 7         (a) The name of each person who executed the instrument is

 8    legibly printed, typewritten, or stamped upon the instrument

 9    immediately beneath the signature of  each  THAT person and the




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 1    address of  each  THAT person is printed, typewritten, or stamped

 2    upon the face of the instrument.

 3         (b) A discrepancy does not exist between the name of a

 4    person as it appears either in the body of the instrument or in

 5    the acknowledgment or jurat, as printed, typewritten, or stamped

 6    upon the instrument beneath the signature, and in the signature

 7    of that person.

 8         (c) The name of each witness to the instrument is legibly

 9    printed, typewritten, or stamped upon the instrument immediately

10    beneath the signature of  the  THAT witness.

11         (d) The name of  any  A notary public whose signature

12    appears upon the instrument is legibly printed, typewritten, or

13    stamped upon the instrument immediately beneath the signature of

14    that notary public.

15         (e) Wherever in this act the name of a person is required to

16    be "printed, typewritten, or stamped upon such instrument immedi-

17    ately beneath the signature" of the person, it is the intent of

18    the legislature to require that the signature be written upon the

19    instrument directly preceding the name THAT IS "printed,

20    typewritten, or stamped".  That signature shall not, however, be

21    superimposed upon the name so as to render either THE SIGNATURE

22    OR THE NAME illegible.  However, the instrument is entitled to be

23    received for record if the name and signature are, in the discre-

24    tion of the register of deeds, so placed upon the instrument as

25    to  render  MAKE APPARENT the connection between  the two

26     apparent.  Any  THEM.  AN instrument received and recorded by a

27    register of deeds  shall be  IS conclusively presumed to comply



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 1    with this act.  The requirements  contained in  OF this act are

 2    cumulative to the requirements imposed by any other act relating

 3    to the recording of instruments.

 4         (f) The address of each  of the grantees  GRANTEE in each

 5    deed of conveyance or assignment of real estate, including the

 6    street number address if located within territory where street

 7    number addresses are in common use, or, if not, the post office

 8    address, is legibly printed, typewritten, or stamped on the

 9    instrument.

10         (g) If the instrument is executed before April 1, 1997, each

11    sheet of the instrument is all of the following:

12         (i) Typewritten or printed in type not smaller than 8-point

13    size.

14         (ii) Not more than 8-1/2 by 14 inches.

15         (iii) Legible.

16         (iv) On paper of not less than 13 (17x22--500) pound

17    weight.

18         (h) If the instrument is executed after April 1, 1997, each

19    sheet of the instrument complies with all of the following

20    requirements:

21         (i) Has a margin of unprinted space that is at least 2-1/2

22    inches at the top of the first page and at least 1/2 inch on all

23    remaining sides of each page.

24         (ii)  Subject to subsection (3), displays  DISPLAYS on the

25    first line of print on the first page of the instrument a single

26     statement identifying the recordable event that the instrument





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 1    evidences  CAPTION THAT IDENTIFIES THE TYPE OF DOCUMENT OR THE

 2    TYPE OF TRANSACTION THAT THE DOCUMENT REFLECTS.

 3         (iii) Is electronically, mechanically, or hand printed in A

 4    TYPE SIZE NOT SMALLER THAN 10-point type or the equivalent of

 5    10-point type.

 6         (iv) Is legibly printed in black ink on white paper that is

 7    not less than 20-pound weight.

 8         (v) Is not less than 8-1/2 inches wide and 11 inches long or

 9    more than 8-1/2 inches wide and 14 inches long.

10         (vi) Contains no attachment that is less than 8-1/2 inches

11    wide and 11 inches long or more than 8-1/2 inches wide and 14

12    inches long.

13         (2) Subsection (1)(g) and (h) do not apply to instruments

14    executed outside this state or to the filing or recording of a

15    plat or other instrument, the size of which is regulated by law.

16         (3)  A register of deeds shall not record an instrument exe-

17     cuted after April 1, 1997 if the instrument purports to evidence

18     more than 1 recordable event.  THE REGISTER OF DEEDS SHALL INDEX

19    A DOCUMENT ACCEPTED FOR RECORD UNDER THIS ACT UTILIZING THE CAP-

20    TION DESCRIBED IN SUBSECTION (1)(H)(ii).

















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