HB-4817, As Passed Senate, December 8, 2004                                 

SUBSTITUTE FOR

HOUSE BILL NO. 4817

                                                                             A bill to amend 1846 RS 65, entitled                                              

"Of alienation by deed, and the proof and recording of                      

conveyances, and the canceling of mortgages,"                               

by amending sections 41 and 44 (MCL 565.41 and 565.44).                     

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1       Sec. 41.  (1)  A Within the applicable time period in                      

2   section 44(2) after a mortgage has been paid or otherwise                   

3   satisfied, the mortgagee or  his the personal representative,              

4   successor, or assign  , within 90 days after a mortgage has been            

5   paid or otherwise satisfied and discharged, of the mortgagee

6   shall prepare  and file  a discharge  thereof of the mortgage,             

7   file the discharge with the register of deeds for the county                

8   where the mortgaged property is located, and pay the fee for                

9   recording the discharge.                                                    

10  (2) If a discharge of mortgage received by a register of                    

11  deeds under subsection (1) is not recorded on the day it is                 

House Bill No. 4817 (H-1) as amended July 14, 2004

1   received, the register of deeds shall place on or attach to the             

2   discharge, by means of a stamp, electronically, or otherwise, the           

3   date the discharge is received.  The date placed on or attached             

4   to the discharge under this subsection is prima facie evidence of           

5   the date the discharge was [filed with] the register of deeds.

6       Sec. 44.  (1) If  any mortgagee, or his a mortgagee or the

7   personal representative or assignee of the mortgagee,  as the               

8   case may be,  after full performance of the condition of the                

9   mortgage, whether before or after a breach  thereof of the                 

10  mortgage, or, if the  same be mortgage is entirely due,  and               

11  payable,  after a tender of the whole amount  so due and payable            

12  thereon, shall, for the space of 7 days due, within the                    

13  applicable time period in subsection (2) after being  thereto

14  requested  ,  and after tender of  his the mortgagee's

15  reasonable charges,  refuse or neglect refuses or neglects to              

16  discharge the  same mortgage as provided in this chapter  ,  or            

17  to execute and acknowledge a certificate of discharge or release            

18  thereof, he shall be of the mortgage, the mortgagee is liable             

19  to the mortgagor  , his or the mortgagor's heirs or assigns  ,             

20  in the sum of 100 dollars for $1,000.00 damages.  , and also               

21  for The mortgagee is also liable for all actual damages  ,                 

22  occasioned by such caused by the neglect or refusal  ,  to the             

23  person who  shall perform performs the condition of  such the

24  mortgage  ,  or  make such makes the tender to the mortgagee  ,            

25  his or the mortgagee's heirs or assigns, or to  any one anyone

26  who  may have has an interest in the mortgaged premises.  , to

27  Damages under this section may be recovered in an action  on the            

1   case, or be awarded by a court of equity upon a bill filed for             

2   money damages or to procure a discharge  ,  or  a  release of               

3   such the mortgage.  , with The court may, in its discretion,             

4   award double costs  , in the discretion of the court in an                 

5   action under this section.                                                  

6   (2) The discharge of mortgage, execution and acknowledgment                 

7   of a certificate, or filing of a discharge of mortgage required             

8   by this section or section 41 shall be performed within whichever           

9   of the following time periods is applicable:                                

10      (a) For the first 2 years after the effective date of the                   

11  amendatory act that added this subsection, 75 days.                         

12      (b) Beginning 2 years after the effective date of the                       

13  amendatory act that added this subsection, 60 days.