June 10, 2003, Introduced by Reps. Farhat, Stahl, Brandenburg, Ward, Sheltrown, Gillard, Elkins, Emmons, Pastor, Casperson, Gaffney, Nofs, Newell, Garfield, Milosch, DeRoche and Wenke and referred to the Committee on Commerce.
A bill to amend 1846 RS 65, entitled
"Of alienation by deed, and the proof and recording of
conveyances, and the canceling of mortgages,"
by amending sections 41 and 44 (MCL 565.41 and 565.44).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 41. A mortgagee
his the personal representative,
2 successor, or
assign of the mortgagee, within
90 7 days after a
3 mortgage has been paid or otherwise satisfied and discharged,
4 shall prepare
file a discharge thereof of the mortgage,
5 file the discharge with the register of deeds for the county
6 where the mortgaged property is located, and pay the fee for
7 recording the discharge.
8 Sec. 44. If
mortgagee, or his a mortgagee or the
9 personal representative
or assignee of the mortgagee,
case may be, after full performance of the condition of the
11 mortgage, whether before
or after a breach
thereof of the
1 mortgage, or, if
same be mortgage is entirely due, and
payable, after a tender of the whole amount so due and
thereon, shall, for
the space of due, within 7
days after being
thereto requested, and after tender of his the
5 reasonable charges,
or neglect refuses or neglects to
6 discharge the
as provided in this chapter , or
7 to execute and acknowledge a certificate of discharge or release
thereof, he shall be of the mortgage, the mortgagee is liable
9 to the mortgagor,
or the mortgagor's heirs or assigns, in
the sum of 100 dollars
for $1,000.00 damages.
, and also for
11 The mortgagee is also liable for all actual damages
by such caused by the neglect or refusal , to
the person who
shall perform performs the condition of such the
make such makes the tender to the mortgagee, his or
15 mortgagee's heirs or
assigns, or to
any one anyone who may
have has an interest in the mortgaged premises.
, to Damages
17 under this section may be
recovered in an action
on the case, or
be awarded by a court
of equity upon a bill filed for
19 damages or to procure a
, or a release of such
20 the mortgage.
with The court may, in its discretion, award
21 double costs
, in the
discretion of the court in an action
22 under this section.