SB-0599, As Passed Senate, February 16, 2016
SUBSTITUTE FOR
SENATE BILL NO. 599
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 2567 (MCL 600.2567), as amended by 2004 PA 538.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
2567. (1) Except as provided in subsection (3), (4), 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. The document, regardless of
the number of pages, $30.00, which includes the fee required to be
collected under section 2567a. In addition to remitting a portion
of the fee to satisfy section 2567a, 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.
(b) For any a document that assigns or
discharges more than 1
instrument,
$3.00 shall be added to the recording fee in addition
to the fee under subdivision (a), $3.00 for each additional
instrument assigned or discharged.
(c) (b)
For copies of any records or
papers, if required,
$1.00 per page, taxable as costs if otherwise allowed.
(d) (c)
For a seal to exemplification, $1.00.To certify a
recorded document, $5.00.
(e) (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 must be
based
upon on the cost of establishing and maintaining a tract
index.
(f) (e)
For filing every other paper, and
making an entry of
it, if necessary, $1.00, unless otherwise specifically provided
for.
(g) (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.
(2) A fee under subsection (1)(a) or (b) must be paid when the
document is left for recording, unless 1 of the following applies:
(a) If the document is a document as that term is defined in
section 2 of the uniform real property electronic recording act,
2010 PA 123, MCL 565.842, the register of deeds accepts electronic
documents for recording, and the fee is paid electronically, the
fee must be paid within 1 business day after receipt of the
electronic document by the register of deeds.
(b) If the document is a document filed by a governmental
entity pursuant to an agreement between the governmental entity and
the register of deeds that includes a payment schedule for the fee,
the fee must be paid pursuant to the payment schedule.
(c) If the document is a forfeiture certificate or a
redemption certificate for tax delinquent property under section
78g of the general property tax act, 1893 PA 206, MCL 211.78g, the
fee must be paid within 30 days after redemption of the tax
delinquent property or by an alternative date under an agreement
between the register of deeds and the foreclosing governmental
unit.
(d) If the document is a notice of judgment of foreclosure
under section 78k of the general property tax act, 1893 PA 206, MCL
211.78k, or a deed under section 78m of the general property tax
act, 1893 PA 206, MCL 211.78m, for tax foreclosed property, the fee
must be paid within 30 days after the sale or transfer of the
Senate Bill No. 599 as amended February 11, 2016
property or by an alternative date under an agreement between the
register of deeds and the foreclosing governmental unit.
(3) By April 1 of the fifth year after the year in which the
amendatory act that added this sentence takes effect, and by April
1 of each successive fifth year, the state treasurer shall adjust
the recording fees in subsection <<(1) >> or, for
successive adjustments, the fees as previously adjusted, by amounts
determined by the state treasurer to reflect the cumulative
percentage change in the consumer price index for the preceding 5
calendar years or 5%, whichever is less, rounded up<<, for the fees
under subsection (1)(a) and (b), to the nearest $1.00 or, for the
fees under subsection (1)(c) to (g), to the nearest 25 cents>> An adjusted recording fee applies to documents recorded
after that April 1 until April 1 of the next adjustment. As used in
this subsection, "consumer price index" means the most
comprehensive index of consumer prices available for this state
from the Bureau of Labor Statistics of the United States Department
of Labor.
(4) (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.
(5) (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.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 98th Legislature are
enacted into law:
(a) Senate Bill No. 600.
(b) Senate Bill No. 601.
(c) Senate Bill No. 602.
(d) Senate Bill No. 603.
(e) Senate Bill No. 604.