Bill Text: MI SB0737 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Property; recording; recording with register of deeds; require an English translation document to be included. Amends sec. 1 of 1937 PA 103 (MCL 565.201).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2018-09-05 - Assigned Pa 197'18 With Immediate Effect [SB0737 Detail]
Download: Michigan-2017-SB0737-Introduced.html
SENATE BILL No. 737
December 13, 2017, Introduced by Senators HERTEL, KNEZEK and PROOS 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 2014 PA 347.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
1. (1) An A register of
deeds shall not receive for
recording 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
the 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, and the signature or mark
is in black or dark blue ink.
(b) A discrepancy does not exist between the name of each
person
as printed, typewritten, or stamped beneath their his or her
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
on
the instrument is legibly printed,
typewritten, or stamped upon
on
the instrument immediately beneath and appears on the same page
near
the signature of that the 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), September 12,
2007.
(ii) For an instrument presented to the register of deeds by
the department of treasury, April 1, 2008.
(h) If the instrument or any part of it is in a language other
than English, a written English translation is attached to the
instrument.
(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, other than an instrument described in
subsection (2), if the 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, 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 A register of deeds
shall not reject an instrument that
for recording because of the content of the instrument if the
instrument 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 register of deeds shall receive 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 amendments to this
section enacted by 2014 PA
347 apply retroactively to all copies of mortgages verified by
affidavit regardless of whether they are recorded on, before, or
after
October 17, 2014, the effective date of that amendatory act.
2014 PA 347. However, a register of deeds shall not receive 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 October
16, 2014 if more than 1 mortgage
is attached to the affidavit.
