SB-0929, As Passed House, December 9, 2004
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 929
(As amended December 9, 2004)
[A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 2567, 3140, 3240, 6062, and 6066 (MCL 600.2567,
600.3150, 600.3240, 600.6062, and 600.6066), section 2567 as amended by
2002 PA 698 and section 3240 as amended by
2000 PA 380; and to repeal acts and parts of acts.]
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
[Sec. 2567. (1) Except as provided in subsection (3), a register of deeds is entitled to the following fees, which are not taxable as costs except as indicated:
(a) For entering
and recording a deed, mortgage, certified copy of an attachment, notice of the
pendency of a suit, or other instrument, $8.00 for the first page and $3.00 for
each additional and succeeding page. The fee shall be paid when the deed,
mortgage, certified copy of an attachment, notice of the pendency of a suit, or
other instrument is left for record. Until December 31, 2006,
the The register of deeds shall deposit
$5.00 of the total fee collected for each recording into the automation fund if
a fund has been established under section 2568. For any document that
assigns or discharges more than 1 instrument, $3.00 shall be added to the
recording fee for each additional instrument assigned or discharged.
(b) For copies of any records or papers, if required, $1.00 per page, taxable as costs if otherwise allowed.
(c) For a seal to exemplification, $1.00.
(d) For searching the records and files, on request, by the office of the register of deeds, 50 cents for each year for which grantor/grantee searches are made, with a minimum fee of $5.00, except that the fee for tract index searches shall be based upon the cost of establishing and maintaining a tract index.
(e) For filing every other paper, and making an entry of it, if necessary, $1.00, unless otherwise specifically provided for.
(f) For searching for every other paper, on request, by the office of the register of deeds, $1.00 for each paper examined.
(2) In addition to any other fees prescribed in subsection (1) or (3), a register of deeds shall collect a fee of $2.00 for entering and recording a deed, mortgage, certified copy of an attachment, notice of the pendency of a suit, or other instrument. The fee shall be paid when the deed, mortgage, certified copy of an attachment, notice of the pendency of a suit, or other instrument is left for record.
(3) A charter county may impose a fee schedule by ordinance or resolution with different amounts than the amounts prescribed by subsection (1). A charter county shall not impose a fee that is greater than the cost of the service for which the fee is charged.
(4) As used in this section, "page" means 1 side of a single sheet of paper at least 8-1/2 inches by 11 inches in length and not exceeding 8-1/2 inches by 14 inches in length and not less than 20-pound weight.]
1 Sec. 3140. (1)
The mortgagor, his the mortgagor's heirs,
2 executors, or administrators, or any person lawfully claiming
3 from or under him or
them the mortgagor or the mortgagor's
4 heirs, executors, or administrators may redeem the entire
5 premises sold by paying, within 6 months from the time of the
6 sale, to the purchaser ,
his or the purchaser's executors,
7 administrators, or assigns, or to the register of deeds in whose
8 office the deed of sale is deposited as provided in the court
9 rules, for the benefit of the purchaser, the sum which was bid
Senate Bill No. 929 (H-2) as amended December 9, 2004
1 with interest from the time
date of the sale at the interest
2 rate percent borne provided
for by the mortgage.
3 (2) The vendee
of a land contract, his the vendee's heirs,
4 executors, or administrators, or any person lawfully claiming
5 from or under him or
them the vendee or the vendee's heirs,
6 executors, or administrators may redeem the entire premises sold
7 within 6 months from the time of the sale by paying to the
8 purchaser , his or
the purchaser's executors, administrators,
9 or assigns, or to the register of deeds in whose office the deed
10 of sale is deposited as provided in the court rules, for the
11 benefit of the purchaser, the sum which was bid with interest
12 from the time date
of the sale at the interest rate percent
13 borne provided for by the land contract. In
case
14 (3) The register of deeds shall not determine the amount
15 necessary for redemption. The purchaser shall attach an
16 affidavit with the deed to be recorded under this section that
17 states the exact amount required to redeem the property,
18 including any daily per diem amounts, and the date by which the
19 property must be redeemed shall be stated on the certificate of
20 auctioneer. [
21
22 ] The purchaser may include in the affidavit the
23 name of a designee responsible on behalf of the purchaser to
24 assist the person redeeming the property in computing the exact
25 amount required to redeem the property. The designee may charge
26 a fee as stated in the affidavit [and may be authorized by the purchaser to receive redemption funds]. The purchaser shall accept the
27 amount computed by the designee.
Senate Bill No. 929 (H-2) as amended December 9, 2004
1 (4) If the sum for redemption is paid to the register of
2 deeds, the sum
of $5.00 shall be paid to him as a fee of $5.00
3 shall be paid for the care and custody of the redemption money.
4 After these sums have
been paid
5 (5) If payments are made as provided under this section, the
6 deed of sale is void.
and of no effect, but in case any If a
7 distinct lot or parcel separately sold is redeemed, leaving a
8 portion of the premises unredeemed, then the deed of sale is
9 inoperative merely void only as to the portion or portions of
10 the premises which are
redeemed. and to the portions not
11 redeemed it remains
valid and of full effect.
[(6) The amount stated in any affidavits recorded under this section shall be the amount necessary to satisfy the requirements for redemption under this section.]
12 Sec. 3240. (1) A purchaser's deed is void if the mortgagor,
13 the mortgagor's heirs, executors, or administrators, or any
14 person lawfully claiming
under the mortgagor , or the
15 mortgagor's heirs, executors, or administrators redeems the
16 entire premises sold by paying the amount required under
17 subsection (2), within the applicable time limit prescribed in
18 subsections (7) to (12),
to the purchaser , or the purchaser's
19 executors, administrators, or assigns, or to the register of
20 deeds in whose office the deed is deposited for the benefit of
21 the purchaser.
22 (2) The amount required to be paid under subsection (1) is
23 the sum that was bid for the entire premises sold, with interest
24 from the time date
of the sale at the interest rate percent
25 borne provided for by the mortgage, together with
the amount of
26 the sheriff's fee paid by the purchaser under section 2558(2)(q),
27 and an additional $3.00
$5.00 as a fee for the care and custody
Senate Bill No. 929 (H-2) as amended December 9, 2004
1 of the redemption money if the payment is made to the register of
2 deeds. The register of deeds shall not determine the amount
3 necessary for redemption. The purchaser shall attach an
4 affidavit with the deed to be recorded under this section that
5 states the exact amount required to redeem the property under
6 this subsection, including any daily per diem amounts, and the
7 date by which the property must be redeemed shall be stated on
8 the certificate of sale. [
9
10 ] The purchaser may include in the
11 affidavit the name of a designee responsible on behalf of the
12 purchaser to assist the person redeeming the property in
13 computing the exact amount required to redeem the property. The
14 designee may charge a fee as stated in the affidavit [and may be authorized by the purchaser to receive redemption funds]. The
15 purchaser shall accept the amount computed by the designee.
16 (3) If a distinct lot or parcel separately sold is redeemed,
17 leaving a portion of the premises unredeemed, the deed shall be
18 inoperative void only to the redeemed parcel or parcels.
, and
19 to those portions that
have not been redeemed the deed shall
20 remain valid.
21 (4) If after the sale the purchaser, the purchaser's heirs,
22 executors, or administrators, or any person lawfully claiming
23 under the purchaser ,
or the purchaser's heirs, executors, or
24 administrators pays taxes assessed against the property, amounts
25 necessary to redeem senior liens from foreclosure, condominium
26 assessments, homeowner association assessments, community
27 association assessments, or premiums on an insurance policy
1 covering any buildings located on the property that under the
2 terms of the mortgage it would have been the duty of the
3 mortgagor to pay if the mortgage had not been foreclosed and that
4 are necessary to keep the policy in force until the expiration of
5 the period of redemption, redemption shall be made only upon
6 payment of the sum specified in subsection (2) plus the amounts
7 specified in this subsection with interest on the amounts
8 specified in this subsection from the date of the payment to the
9 date of redemption at the interest rate specified in the
10 mortgage, if all of the following are filed with the register of
11 deeds with whom the deed is deposited:
12 (a) An affidavit by the purchaser or someone in his or her
13 behalf who has knowledge of the facts of the payment showing the
14 amount and items paid.
15 (b) The receipt or copy of the canceled check evidencing the
16 payment of the taxes, amounts necessary to redeem senior liens
17 from foreclosure, condominium assessments, homeowner association
18 assessments, community association assessments, or insurance
19 premiums.
20 (c) An affidavit of an insurance agent of the insurance
21 company stating that the payment was made and what portion of the
22 payment covers the
premium for the period prior to before the
23 expiration of the period of redemption.
24 (5) If the redemption payment in subsection (4) includes an
25 amount used to redeem a senior lien from a nonjudicial
26 foreclosure, the mortgagor shall have the same defenses against
27 the purchaser with respect to the amount used to redeem the
1 senior lien as the mortgagor would have had against the senior
2 lien.
3 (6) The register of deeds shall indorse on the documents
4 filed pursuant to under
subsection (4) the time they are
5 received. The register of deeds shall record the affidavit of
6 the purchaser only and shall preserve in his or her files the
7 recorded affidavit, receipts, insurance receipts, and insurance
8 agent's affidavit until expiration of the period of redemption.
9 (7) For a mortgage executed on or after January 1, 1965, on
10 commercial or industrial property, or multifamily residential
11 property in excess of 4 units, the redemption period is 6 months
12 from the time date
of the sale.
13 (8) For a mortgage executed on or after January 1, 1965, on
14 residential property not exceeding 4 units and not more than 3
15 acres in size, if the amount claimed to be due on the mortgage at
16 the date of the notice of foreclosure is more than 66-2/3% of the
17 original indebtedness secured by the mortgage, the redemption
18 period is 6 months.
19 (9) For a mortgage on residential property not exceeding 4
20 units and not more than 3 acres in size, if the property is
21 abandoned as determined pursuant
to under section 3241, the
22 redemption period is 3 months.
23 (10) For a mortgage on residential property not exceeding 4
24 units and not more than 3 acres in size, if the amount claimed to
25 be due on the mortgage at the date of the notice of foreclosure
26 is more than 66-2/3% of the original indebtedness secured by the
27 mortgage and the property
is abandoned as determined pursuant
Senate Bill No. 929 (H-2) as amended December 9, 2004
1 to under section 3241, the redemption period is 1
month.
2 (11) If the property
is abandoned as determined pursuant to
3 under section 3241a, the redemption period is 30 days.
4 (12) In any other case, the redemption period is 1 year from
5 the date of the sale.
[(13) The amount stated in any affidavits recorded under this section shall be the amount necessary to satisfy the requirements for redemption under this section.]
6 Sec. 6062. (1) Within
Not later than 1 year from the
7 time date when sale on execution is made, the real
estate so
8 sold or any distinct lot, tract, or portion that is separately
9 sold or the interest in
real estate so sold , may be redeemed
10 by payment to the
purchaser, his to the purchaser's personal
11 representatives or
assigns, or to the officer who makes such
12 the sale, or to the register of deeds in whose office such
13 certificate is recorded,
for the use of such the purchaser, of
14 the sum of money bid on
the sale of such the lot or tract,
15 together with the
interest on that sum from the time date of
16 sale, computed at the interest
rate per cent per annum borne
17 provided for by the
judgment under which such the sale was
18 made. The register of deeds shall not determine the amount
19 necessary for redemption. The purchaser shall attach an
20 affidavit with the deed to be recorded under this section that
21 states the exact amount required to redeem the property,
22 including any daily per diem amounts, and the date by which the
23 property must be redeemed shall be stated in the certificate of
24 sale. [
25
26 ] The purchaser may include in the affidavit the name of
27 a designee responsible on behalf of the purchaser to assist the
Senate Bill No. 929 (H-2) as amended December 9, 2004
1 person redeeming the property in computing the exact amount
2 required to redeem the property. The designee may charge a fee
3 as stated in the affidavit [and may be authorized by the purchaser to receive redemption funds]. The purchaser shall accept the
4 amount computed by the designee.
5 (2) Redemption may be made by any of the following:
6 (a) The person
against whom the execution is issued , and
7 whose right and title are
sold in pursuance thereof; or of the
8 execution.
9 (b) If such the
person is dead, by his or her devisee of
10 the premises sold, if
the same have been devised; and if the
11 same have not been
devised and if there is no
devisee, by the
12 executor or administrator with the approval of the judge of
13 probate, ; or
by the person's heirs. of such person; or
14 (c) By any grantee of
such the person who acquires an
15 absolute title by deed, sale under mortgage, or under an
16 execution, or by any
other means, to the premises sold , or to
17 any lot, tract, parcel,
or portion which is separately sold. ;
18 or
19 (d) The purchaser of the title and right of redemption of the
20 person against whom the
execution issues. , or
21 (e) Any heir or
devisee of such the person, or any grantee
22 of such the
heir or devisee, who acquires an absolute title to
23 a portion of the estate sold, or to a portion of any lot, tract,
24 or parcel that is separately sold, or the executor or
25 administrator of such
the person, with the approval of the
26 judge of probate. ;
and such The person has the same remedy to
27 enforce contribution from those who own the residue of the lot,
Senate Bill No. 929 (H-2) as amended December 9, 2004
1 tract, or parcel , as
if the sum required to be paid by him or
2 her to effect redemption was collected by a sale of the portion
3 belonging to such the
grantee. ; or
4 (f) Each of several persons having undivided shares, as joint
5 tenants or tenants in common, in the premises sold, or in any
6 particular lot or tract sold, by paying to the purchaser or
7 officer a sum that bears the same proportion to the whole sum bid
8 for the premises or for the particular lot or tract as the share
9 proposed to be redeemed bears to the whole number of shares of
10 the premises, lot, or
tract, together with the interest on such
11 the sum. ; or
12 (g) A defendant lessee where the unexpired term of the lease
13 exceeds 3 years at the
date of sale on execution. ; and on such
14 On the redemption, the defendant is entitled to repossess,
15 recover, and enjoy the premises from the execution purchaser or
16 his the purchaser's assigns.
17 (3) Upon payment being made by any person so entitled to
18 redeem any real estate so sold, the sale of the premises so
19 redeemed and the certificate
of such the sale and deed to the
20 extent of the premises or
shares so redeemed , shall be null
21 and are void.
[(4) The amount stated in any affidavits recorded under this section shall be the amount necessary to satisfy the requirements for redemption under this section.]
22 Sec. 6066. (1) The
sums required to be paid by the
23 foregoing provisions under this act, to acquire the title of the
24 original purchaser , or
to become a purchaser from any
25 creditor, may be paid to such
the purchaser or creditor, to his
26 or her representatives or assigns, or to the officer who made the
27 sale , or to the
register of deeds in whose office the
1 certificate of sale is
recorded, for the use of the
purchaser or
2 creditor entitled to the same
sums paid.
3 (2) If the purchaser of any equity of redemption, or any
4 creditor having acquired
the rights of such the purchaser,
5 shall pay the debt due on the mortgage, or the amount of any sale
6 of said premises sold on
execution, or any part thereof of the
7 property, the amount so
paid on the mortgage or execution sale
8 shall be paid, with
interest, to such the purchaser or
9 creditor, in redeeming the premises, or purchasing the rights of
10 such the purchaser or creditor, as the case may
be according
11 to the provisions of provided under this chapter.
12 (3) Upon such payment
being made, the title of the original
13 purchaser shall be thereby
transferred to the creditor
14 acquiring the same
pursuant to title under the foregoing
15 provisions , and
from such the creditor to any other creditor
16 becoming a purchaser thereof
as hereinbefore provided of the
17 property.
18 (4) If an automation fund is created under section 2568, any
19 fees or charges collected by the register of deeds under this
20 section or section 3140, 3240, or 6062 shall be credited to the
21 automation fund.
22 Enacting section 1. Sections 3272 and 6058 of the revised
23 judicature act of 1961, 1961 PA 236, MCL 600.3272 and 600.6058,
24 are repealed.