April 30, 2013, Introduced by Reps. Pettalia and Lane and referred to the Committee on Local Government.
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
register of deeds,"
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.
(c) The name of any notary public whose signature appears upon
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 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 copy of an instrument that meets all requirements for
recording under this act, other than the requirement of original
signatures, is affixed to an affidavit that meets the requirements
of section 1a(g) of 1915 PA 123, MCL 565.451a, then the affidavit
with the accompanying copy of the instrument shall be received for
record by the register of deeds, and upon recording, the instrument
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 instrument validly creates a lien, the lien is
perfected as of the date of recording of the affidavit. The 2013
amendatory act that added this subsection is retroactive and
applies to all copies of original instruments verified by affidavit
regardless of whether recorded on, before, or after the effective
date of that amendatory act.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. ____ or House Bill No. 4640(request no.
01205'13 a) of the 97th Legislature is enacted into law.