Recording Requirements

AN ACT 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 acknowledgement 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 (17 x 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), the effective date of the amendatory act that added this subdivision.
(ii) For an instrument presented to the register of deeds by the department of treasury, April 1, 2008.

(2) Subsection (1)(e) and (f) do 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.

565.201a. Recording requirements: scrivener’s name and address on recorded instruments
Sec. 1a. Each instrument described in Section 11 executed after January 1, 1964, shall contain the name of the person who drafted the instrument and the business address of such person.
Section 565.201

Death certificates and court records must be certified with a raised seal for recording.