HOUSE BILL No. 5258

 

January 19, 2012, Introduced by Reps. Pettalia and Barnett and referred to the Committee on Local, Intergovernmental, and Regional Affairs.

 

     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 2007 PA 56.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. (1) 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 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.


 

     (b) A discrepancy does not exist between the name of each

 

person as printed, typewritten, or stamped beneath their 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

 

the instrument is legibly printed, typewritten, or stamped upon the

 

instrument immediately beneath the signature of that 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), the effective date

 

of the amendatory act that added this subdivision.September 12,

 

2007.

 

     (ii) For an instrument presented to the register of deeds by

 

the department of treasury, April 1, 2008.

 

     (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 if the instrument purports to evidence

 

more than 1 recordable event.

 

     (4) Any If an original instrument, or, notwithstanding any


 

original signature requirements under subsection (1), if a copy of

 

an original instrument that is verified by affidavit and that meets

 

the requirements of section 1a(g) of 1915 PA 123, MCL 565.451a, is

 

received and recorded by a register of deeds, shall be the original

 

instrument or copy is conclusively presumed to comply with this act

 

all requirements for recording in this state and shall be

 

considered recorded for purposes of section 29 of 1846 RS 65, MCL

 

565.29. The requirements contained in this act are cumulative to

 

the requirements imposed by any other act relating to the recording

 

of instruments. The provisions of this subsection apply regardless

 

of the date of recording of the original instrument or copy.

 

     (5) An instrument that 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.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 5257(request no.

 

02910'11 a) of the 96th Legislature is enacted into law.