Michigan Recording Requirements
Act 103 of 1937
565.201 Requirements for recording with register of deeds.
(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), 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) 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. Jan. 10, 1942 ;– Am. 1945, Act 213, Eff. Sept. 6, 1945 ;– CL 1948, 565.201 ;– Am. 1963, Act 150, Eff. Sept. 6, 1963 ;– Am. 1964, Act 196, Eff. Jan. 1, 1965 ;– Am. 1996, Act 459, Eff. Apr. 1, 1997 ;– Am. 2002, Act 19, Imd. Eff. Mar. 4, 2002 ;– Am. 2007, Act 56, Imd. Eff. Sept. 12, 2007
565.201a Recording requirements; scrivener’s name and address on recorded instruments.
Each instrument described in section 1 executed after January 1, 1964 shall contain the name of the person who drafted the instrument and the business address of such person.
History: Add. 1963, Act 150, Eff. Sept. 6, 1963
REVISED JUDICATURE ACT OF 1961 (EXCERPT) Act 236 of 1961
600.2567 Register of deeds; fees. Sec. 2567. (1) Except as provided in subsection (3), 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 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 established under section 2568. (b) For a document that assigns or discharges more than 1 instrument, in addition to the fee under subdivision (a), $3.00 for each additional instrument assigned or discharged. (c) For copies of any records or papers, if required, $1.00 per page, taxable as costs if otherwise allowed. (d) To certify a recorded document, $5.00. (e) 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 must be based on the cost of establishing and maintaining a tract index. (f) For filing every other paper, and making an entry of it, if necessary, $1.00, unless otherwise specifically provided for. (g) For searching for every other paper, on request, by the office of the register of deeds, $1.00 for each paper examined. (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 left for recording 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 property or by an alternative date under an agreement between the register of deeds and the foreclosing governmental unit. (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. (4) Subject to subsection (6), in addition to the recording fee under subsection (1), when a register of deeds accepts a discharge of lien under section 15 of the Michigan employment security act, 1936 (Ex Sess) PA 1, MCL 421.15, to be recorded, the register of deeds shall collect an amount equal to the fee paid for recording the discharged lien as stated on the notice of lien recording fee provided under section 15 of the Michigan employment security act, 1936 (Ex Sess) PA 1, MCL 421.15. The register of deeds shall transmit to the unemployment agency the additional amounts collected under this subsection and any information requested by the unemployment agency that is contained in the notice of lien recording fee. A register of deeds shall transmit the money and information on the following schedule: (a) If the register of deeds serves a county with a population of less than 750,000, on a quarterly basis. (b) If the register of deeds serves a county with a population of 750,000 or more, on a monthly basis. (5) Unless the discharge of lien is submitted to be recorded by the unemployment agency, a register of deeds shall not accept a discharge of lien under section 15 of the Michigan employment security act, 1936 (Ex Sess) PA 1, MCL 421.15, for recording that is not accompanied by a notice of lien recording fee provided under section 15 of the Michigan employment security act, 1936 (Ex Sess) PA 1, MCL 421.15. (6) A register of deeds shall not charge an additional amount under subsection (4) if the discharge of lien is submitted for recording by the unemployment agency.
Rendered Monday, July 27, 2020 Page 1 Michigan Compiled Laws Complete Through PA 142 of 2020 ï?? Legislative Council, State of Michigan Courtesy of www.legislature.mi.gov
(7) 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. History: 1961, Act 236, Eff. Jan. 1, 1963;ï£§Am. 1963, Act 240, Eff. Sept. 6, 1963;ï£§Am. 1964, Act 179, Eff. Jan. 1, 1965;ï£§Am. 1972, Act 102, Eff. Jan. 1,1973;ï£§Am. 1984, Act 127, Eff. July 1, 1984;ï£§Am. 1984, Act 300, Imd. Eff. Dec. 21, 1984;ï£§Am. 1990, Act 346, Eff. Jan. 1, 1991;ï£§Am. 2002, Act 698, Eff. Mar. 31, 2003;ï£§Am. 2004, Act 538, Eff. Mar. 30, 2005;ï£§Am. 2016, Act 224, Eff. Oct. 1, 2016.