HOUSE BILL No. 5022


     July 11, 2001, Introduced by Rep. Sanborn and referred to the Committee on Local Government and Urban Policy.


        A bill to amend 1846 RS 65, entitled

   "Of alienation by deed, and the proof and recording of convey-
   ances, and the canceling of mortgages,"

   by amending sections 8 and 47 (MCL 565.8 and 565.47), section 8

   as amended by 1980 PA 488.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 8.  Deeds executed within this state of lands, or any

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      interest in lands, shall be  executed in the presence of 2 wit-

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      nesses, who shall subscribe their names to the deed as such and

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      the persons executing the deeds may acknowledge the execution

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      ACKNOWLEDGED before any judge, clerk of a court of record, or

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      notary public within  the  THIS state.  The officer taking the

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      acknowledgment shall endorse on the deed a certificate of the

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      acknowledgment, and the true date of taking the acknowledgment,

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      under his or her hand.  Any deed  which  THAT was acknowledged



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      before any county clerk or clerk of any circuit court, before

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      September 18, 1903, and the acknowledgment of the deed, and, if

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      recorded, the record of the deed, shall be as valid for all pur-

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      poses so far as the acknowledgment and record are concerned, as

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      if the deed had been acknowledged before any other officer named

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      in this section, and the legality of the acknowledgment and

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      record shall not be questioned in any court or place.  If a deed

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      has been recorded  which  THAT lacks 1 or more witnesses and the

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      deed has been of record for a period of 10 years or more, and is

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      otherwise eligible to record, the record of the deed shall be

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      effectual for all purposes of a legal record and the record of

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      the deed or a transcript  thereof  OF THE RECORD may be given in

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      evidence in all cases and the deed shall be as valid and effec-

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      tual as if it had been duly executed in compliance with this

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      section.

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           Sec. 47.   No deed,  A mortgage  ,  or other 
   instruments

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      INSTRUMENT in writing  which  THAT by law  are  IS required to
   be

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      acknowledged affecting the title to lands, or any interest there-

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      in, shall NOT be recorded by the register of deeds of any county

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      unless the  same shall be duly witnessed and  DEED, MORTGAGE, OR

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      OTHER INSTRUMENT IS acknowledged  ,  or proved as provided by

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      this chapter.  and the amendments thereto.













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