HB-4638, As Passed House, October 2, 2014HB-4638, As Passed Senate, October 1, 2014

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4638

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

by amending section 1 (MCL 565.201), as amended by 2007 PA 56.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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

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

assigned, encumbered, or otherwise disposed of shall not be

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

state unless that instrument complies with each of the following

requirements:

(a) The name of each person purporting to execute the

instrument is legibly printed, typewritten, or stamped beneath the

original signature or mark of the person.

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

person as printed, typewritten, or stamped beneath their signature

and the name as recited in the acknowledgment or jurat on the

instrument.

the instrument is legibly printed, typewritten, or stamped upon the

instrument immediately beneath the signature of that notary public.

(d) The address of each of the grantees in each deed of

conveyance or assignment of real estate, including the street

number address if located within territory where street number

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

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

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

sheet of the instrument is all of the following:

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

size.

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

(iii) Legible.

(iv) On paper of not less than 13 (17x22—500) pound weight.

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

sheet of the instrument complies with all of the following

requirements:

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

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

remaining sides of each page.

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

print on the first page of the instrument a single statement

identifying the recordable event that the instrument evidences.

(iii) Is electronically, mechanically, or hand printed in 10-

point type or the equivalent of 10-point type.

(iv) Is legibly printed in black ink on white paper that is not

less than 20-pound weight.

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

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

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

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

long.

(g) Unless state or federal law, rule, regulation, or court

order or rule requires that all or more than 4 sequential digits of

the social security number appear in the instrument, beginning on 1

of the following dates the first 5 digits of any social security

number appearing in or on the instrument are obscured or removed:

(i) Except as provided in subparagraph (ii), ~~the effective date~~

~~of the amendatory act that added this subdivision.~~September 12,

2007.

(ii) For an instrument presented to the register of deeds by

the department of treasury, April 1, 2008.

(2) Subsection (1)(e) and (f) does not apply to instruments

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

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

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

executed after April 1, 1997 if the ~~instrument~~ statement required

under subsection (1)(f)(ii) purports to evidence more than 1

recordable event.

(4) Any instrument received and recorded by a register of

deeds, ~~shall be~~ including any instrument considered duly recorded

under subsection (6), is conclusively presumed to comply with this

act. The requirements contained in this act are cumulative to the

requirements imposed by any other act relating to the recording of

instruments.

(5) An instrument that complies with the provisions of this

act and any other act relating to the recording of instruments

shall not be rejected for recording because of the content of the

instrument.

(6) If a mortgage meets all requirements for recording under

this act and a copy of the mortgage is affixed to an affidavit that

is recordable under section 1a(g) of 1915 PA 123, MCL 565.451a,

then the affidavit with the accompanying copy of the mortgage shall

be received for record by the register of deeds, and the mortgage

is duly recorded under this act and under section 29 of 1846 RS 65,

MCL 565.29, as of the date of recording of the affidavit. To the

extent that the mortgage validly creates a lien, the lien is

perfected as of the date of recording of the affidavit. The

amendatory act that added this subsection applies retroactively to

all copies of mortgages verified by affidavit regardless of whether

they are recorded on, before, or after the effective date of that

amendatory act. However, an affidavit and mortgage shall not be

received for record under this subsection on or after the effective

date of the amendatory act that added this subsection if more than

1 mortgage is attached to the affidavit.

Enacting section 1. This amendatory act does not take effect