September 19, 2006, Introduced by Senators HAMMERSTROM and BIRKHOLZ and referred to the Committee on Local, Urban and State 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 2002 PA 19.
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) Beginning January 1, 2007, 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, any complete or partial social security number
appearing in or on the instrument is obscured or removed.
(2)
Subsection (1)(e) and (f) do 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 instrument received and recorded by a register of
deeds shall be 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.
Enacting section 1. This amendatory act takes effect January
1, 2007.