Bill Text: MI HB4640 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Records; public; recording copy of original conveyance; specify requirements for accompanying affidavit. Amends sec. 1a of 1915 PA 123 (MCL 565.451a). TIE BAR WITH: HB 4638'13
Spectrum: Bipartisan Bill
Status: (Passed) 2014-10-22 - Assigned Pa 348'14 With Immediate Effect [HB4640 Detail]
Download: Michigan-2013-HB4640-Engrossed.html
HB-4640, As Passed House, February 26, 2014
SUBSTITUTE FOR
HOUSE BILL NO. 4640
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
mortgage instrument if the affidavit recites the names of the
parties to the unrecorded mortgage instrument and is accompanied by
a copy of the unrecorded mortgage instrument. The affidavit shall
be indexed as provided in section 28 of 1846 RS 65, MCL 565.28,
under the name of the affiant and also indexed under the names of
the parties to the mortgage instrument. This subdivision applies to
any affidavit regarding a mortgage instrument 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
unrecorded mortgage 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 and the copy of the mortgage instrument are legible and
the affidavit states all of the following:
(i) The names of the mortgagor and mortgagee.
(ii) A legal description of the property, the property tax
identification number, and, if applicable, the address of the
property.
(iii) That the original mortgage instrument has been lost or
destroyed.
(iv) That the original mortgage instrument was signed by the
parties to the unrecorded mortgage instrument.
(v) That, to the best of the affiant's knowledge, the original
mortgage instrument was delivered from the mortgagor to the
mortgagee.
(vi) That the affiant did 1 of the following, as applicable:
(a) Mailed a copy of the affidavit and unrecorded mortgage
instrument by first-class certified mail to the mortgagor at the
mortgagor's address last known to the affiant.
(b) Personally served a copy of the affidavit and unrecorded
mortgage instrument on the mortgagor.
Enacting section 1. This amendatory act does not take effect
unless House Bill No. 4638 of the 97th Legislature is enacted into
law.
