Bill Text: MI SB0332 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Property; other; affidavits to correct errors or omissions relating to previously recorded documents; allow. Amends 1915 PA 123 (MCL 565.451a - 565.453) by adding sec. 1d.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Engrossed - Dead) 2010-03-17 - Referred To Committee On Judiciary [SB0332 Detail]
Download: Michigan-2009-SB0332-Engrossed.html
SB-0332, As Passed Senate, March 17, 2010
SUBSTITUTE FOR
SENATE BILL NO. 332
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,"
(MCL 565.451a to 565.453) by adding section 1d.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1d. (1) An affidavit to correct the following types of
errors or omissions in previously recorded documents may be
recorded in the office of register of deeds for the county where
the real property that is the subject of the affidavit is located:
(a) Errors and omissions relating to the proper place of
recording.
(b) Scrivener's errors and scrivener's omissions.
(2) All of the following apply to an affidavit described in
this section:
(a) The affidavit shall be made by a person having knowledge
of the relevant facts or by a person competent to testify
concerning those facts in open court and shall meet the
requirements of sections 1b and 1c.
(b) The affidavit is not necessary if a new document
indicating corrective changes and making reference to the errant
recording by liber and page number or other unique identifying
number is recorded.
(c) The affidavit shall not alter the substantive rights of
any party unless it is executed by that party.
(3) The county register of deeds shall index all names recited
within an affidavit recorded under this section.
