Michigan Property Law: Deeds, Requirements for Recording under Michigan Law
Our experienced attorneys frequently draft deeds or other real-estate conveyancing documents. Michigan has very specific requirements for deeds. These requirements must be met in order for a deed to be recorded with the applicable Registry of Deeds.
Pursuant to MCL 565.201, section 1, deeds must be:
(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.
(iv) On paper of not less than 13 (17×22—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.
(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 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 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.
(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 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 retroactively to all copies of mortgages verified by affidavit regardless of whether they are recorded on, before, or after the effective date of that amendatory act. However, 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 if more than 1 mortgage is attached to the affidavit.
Our experienced attorneys have drafted many deeds and other real-estate documents. Further, we assist our clients with a variety of services related to real-estate law, including litigation, drafting, title work, closings, and reviews. If you would like a free consultation, feel free to call us at (517) 507-5077. Our firm has a lot of experience with civil litigation and real-estate issues.
For information on real-estate litigation, notably lawsuits involving homeowners and builders, click here.
For information on Nuisance claims under Michigan law, click here.
For information on the Summary Proceedings Act, under Michigan Law, click here.
Disclaimer: This information is only general legal advice. If you need specific legal advice, please privately consult with a lawyer. Circumstances vary significantly depending on the alleged facts.