Recording Requirements

Michigan Recording Requirements

Recording Requirements (Excerpt) Act 103 of 1937

565.201 Requirements for recording with register of deeds. 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.

It is important that the names and titles in the body of the document, the signature lines, and the acknowledgement all match.

Grantor Signature(s) must be original.

Grantor must be the property owner of the land to be placed under easement.

Grantor's name(s) must be typed or printed beneath their signatures including middle initials if applicable.

Title must be stated below signature if Grantor is signing on behalf of an organization.

Grantor's name and title must be stated exactly the same in the opening granting clause paragraph, signature block, and in the notary's acknowledgment (check middle initials).

The relationship in the opening granting clause, the signature block and the notary acknowledgement must match and cite the relationship if a member of an organization and not individual.

(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-S00) 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 81/2 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. Oi) For an instrument presented to the register of deeds by the department of treasury, April 1, 2008.

(2) Subsection (l)(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 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.

History: 1937, Act 103, Eff. Oct.29,1937 ;-Am. 1941, Act 179, Eff. January 10, 1942 ;-Am. 1945, Act 213, Eff. September 6, 1945 ;-CL 1948, 565.201 ;-Am. 1963, Act 150, Eff. September 6, 1963 ;-Am. 1964, Act 196, Eft. January 1, 1965 ;-Am. 1996, Act 459, Eff. April 1, 1997 ;-Am. 2002, Act 19, Imd. Eff. March 4, 2002 ;-Am. 2007, Act 56, Imd. Eff. September 12, 2007