HOUSE BILL No. 5023


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


        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:

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

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

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      assigned, encumbered, or otherwise disposed of shall not be

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

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       the  THIS state unless that instrument complies with each of the

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      following requirements:

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

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      legibly printed, typewritten, or stamped  upon the instrument

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      immediately beneath the signature of each person  WITHIN THE

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      ACKNOWLEDGMENT OR JURAT and the address of each person is


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      printed, typewritten, or stamped upon the face of the

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      instrument.

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

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

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      the acknowledgment or jurat, as printed, typewritten or stamped

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      upon the instrument beneath the signature, and in the signature

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      of that person.

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

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      printed, typewritten or stamped upon the instrument immediately

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      beneath the signature of the witness.

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           (B)  (d)  The name of any notary public whose signature

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      appears upon the instrument is legibly printed, typewritten, or

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      stamped upon the instrument immediately beneath the signature of

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      that notary public.

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

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      to be "printed, typewritten or stamped upon such instrument imme-

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      diately beneath the signature" of the person, it is the intent of

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      the legislature to require that the signature be written upon the

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      instrument directly preceding the name "printed, typewritten or

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      stamped".  That signature shall not, however, be superimposed

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      upon the name so as to render either illegible.  However, the

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      instrument is entitled to be received for record if the name and

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      signature are, in the discretion of the register of deeds, so

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      placed upon the instrument as to render the connection between

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      the two apparent.  Any instrument received and recorded by a reg-

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      ister of deeds shall be conclusively presumed to comply with this

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      act.  The requirements contained in this act are cumulative to



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      the requirements imposed by any other act relating to the

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      recording of instruments.

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           (C)  (f)  The address of each of the grantees in each deed

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      of conveyance or assignment of real estate, including the street

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      number address if located within territory where street number

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

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      is legibly printed, typewritten, or stamped on the instrument.

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           (D)  (g)  If the instrument is executed before April 1,

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      1997, each sheet of the instrument is all of the following:

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

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      size.

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

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           (iii) Legible.

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

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      weight.

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

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      each sheet of the instrument complies with all of the following

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      requirements:

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

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

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      remaining sides of each page.

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           (ii) Subject to subsection (3), displays on the first line

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      of print on the first page of the instrument a single statement

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      identifying the recordable event that the instrument evidences.

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

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      10-point type or the equivalent of 10-point type.




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

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      not less than 20-pound weight.

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

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

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

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

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      inches long.

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           (2) Subsection  (1)(g) and (h)  (1)(D) AND (E) do not apply

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      to instruments executed outside this state or to the filing or

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      recording of a plat or other instrument, the size of which is

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      regulated by law.

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

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

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      more than 1 recordable event.

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           (4) ANY INSTRUMENT RECEIVED AND RECORDED BY A REGISTER OF

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      DEEDS SHALL BE CONCLUSIVELY PRESUMED TO COMPLY WITH THIS ACT.

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      THE REQUIREMENTS CONTAINED IN THIS ACT ARE CUMULATIVE TO THE

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      REQUIREMENTS IMPOSED BY ANY OTHER ACT RELATING TO THE RECORDING

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      OF INSTRUMENTS.

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           (5) AN INSTRUMENT THAT COMPLIES WITH THE PROVISIONS OF THIS

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      ACT AND ANY OTHER ACT RELATING TO THE RECORDING OF INSTRUMENTS

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      SHALL NOT BE REJECTED FOR RECORDING BECAUSE OF A FAILURE TO

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      COMPLY WITH ANY OTHER STATUTE OR RULE.











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