June 10, 2003, Introduced by Reps. Farhat, Stahl, Brandenburg, Ward, Sheltrown, Gillard, Elkins, Emmons, Pastor, Casperson, Gaffney, Nofs, Newell, Garfield, Milosch, DeRoche and Wenke and referred to the Committee on Commerce.
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. A mortgagee
or his the personal representative,
2 successor, or
assign of the mortgagee, within 90 7 days after a
3 mortgage has been paid or otherwise satisfied and discharged,
4 shall prepare and
file a discharge thereof of the mortgage,
5 file the discharge with the register of deeds for the county
6 where the mortgaged property is located, and pay the fee for
7 recording the discharge.
8 Sec. 44. If any
mortgagee, or his a mortgagee or the
9 personal representative
or assignee of the mortgagee, as the
10 case may be, after full performance of the condition of the
11 mortgage, whether before
or after a breach thereof of the
1 mortgage, or, if
the same be mortgage is entirely due, and
2 payable, after a tender of the whole amount so due and
payable
3 thereon, shall, for
the space of due, within 7
days after being
4 thereto requested, and after tender of his the
mortgagee's
5 reasonable charges, refuse
or neglect refuses or neglects to
6 discharge the same mortgage
as provided in this chapter , or
7 to execute and acknowledge a certificate of discharge or release
8 thereof, he shall be of the mortgage, the mortgagee is liable
9 to the mortgagor, his
or the mortgagor's heirs or assigns, in
10 the sum of 100 dollars
for $1,000.00 damages.
, and also for
11 The mortgagee is also liable for all actual damages , occasioned
12 by such caused by the neglect or refusal , to
the person who
13 shall perform performs the condition of such the
mortgage, or
14 make such makes the tender to the mortgagee, his or
the
15 mortgagee's heirs or
assigns, or to any one anyone who may
16 have has an interest in the mortgaged premises.
, to Damages
17 under this section may be
recovered in an action on the case, or
18 be awarded by a court
of equity upon a bill filed for
money
19 damages or to procure a
discharge , or a release of such
20 the mortgage. ,
with The court may, in its discretion, award
21 double costs , in the
discretion of the court in an action
22 under this section.