April 30, 2013, Introduced by Reps. Pettalia and Lane and referred to the Committee on Local Government.
A bill to amend 1915 PA 123, entitled
"An act to provide for the recording and use in evidence of
affidavits affecting real property; and to provide a penalty for
the making of false affidavits,"
by amending section 1a (MCL 565.451a).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1a. An affidavit stating facts relating to any of the
following
matters which that may affect the title to real property
in this state and made by any person having knowledge of the facts
or
by any person and competent to testify concerning such those
facts
in open court , may be
recorded in the office of the register
of deeds of the county where the real property is situated:
(a) Birth, age, sex, marital status, death, name, residence,
identity, capacity, relationship, family history, heirship,
homestead status and service in the armed forces of parties named
in deeds, wills, mortgages and other instruments affecting real
property. ;
(b)
Knowledge of the happening of any condition or event which
that
may terminate an estate or interest in
real property. ;
(c)
Knowledge of surveyors duly registered under the laws of
this state with respect to the existence and location of monuments
and physical boundaries, such as fences, streams, roads, and rights
of
way of real property. ;
(d)
Knowledge of such registered surveyors registered under
the laws of this state reconciling conflicting and ambiguous
descriptions in conveyances with descriptions in a regular chain of
title. ;
(e) Knowledge of facts incident to possession or the actual,
open,
notorious, and adverse possession of real property. ;
or
(f)
Knowledge of the purchaser, or in the case of if the
purchaser is a corporation, of its president, vice president,
secretary, or
other duly authorized representative acting in a
fiduciary or representative capacity, of real property sold upon
foreclosure or conveyed in lieu of foreclosure of a trust mortgage
or deed of trust securing an issue of bonds or other evidences of
indebtedness, or of any mortgage, land contract, or other security
instrument held by a fiduciary or other representative, as to the
authority
of such the purchaser to purchase the real property and
as to the terms and conditions upon which the real property is to
be held and disposed of.
(g) Knowledge of a person with respect to an unrecorded
conveyance, as defined in section 35 of 1846 RS 65, MCL 565.35,
accompanied by a copy of the unrecorded conveyance. This
subdivision applies to any affidavit regarding conveyances within
its scope, even if the affidavit was recorded before the effective
date of the amendatory act that added this subdivision. However, a
copy of an original instrument and affidavit shall not be received
and recorded by the register of deeds on or after the effective
date of the amendatory act that added this subdivision unless the
affidavit states that the original instrument has been lost or
destroyed and that, to the best of affiant's knowledge, the
original instrument was delivered from the grantor to the grantee,
or from the mortgagor to the mortgagee, as applicable. An affidavit
recorded under this subdivision on or after the effective date of
the amendatory act that added this subdivision shall be indexed
under the names of the parties to the unrecorded conveyance and
need not be indexed under the name of the affiant.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. ____ or House Bill No. 4638(request no.
01205'13) of the 97th Legislature is enacted into law.