Recording Requirements

Standard Recording Requirements

Name printed or typed beneath all written signatures must be original. MCLA 565.201 (a) (e)

No discrepancy in the names shall exist between the printed names of such person, as appears either in the signature, the acknowledgment or jurat. MCLA 565.201 (b)

Instruments conveying or mortgaging any interest in real estate shall state the marital status of any male grantors if executed before April 6 2017. MCLA 565.221

The addresses of all the parties must appear on any instrument by which title to any interest therein is conveyed, assigned, encumbered or otherwise disposed of. MCLA 565.201 (a) (f)

The name and address of the person who drafted the document must appear on the documents executed in Michigan. MCLA 565.201 A, 565.203

Documents purporting to convey or encumber real estate executed in Michigan must have an acknowledgment by a notary public. MCLA 565.8

A certified copy of the death certificate or proof of death must be recorded when the instrument of conveyance states "survivor" in the grantor's section. MCLA 565.48 Do not alter death certificates in any way.

Court orders must be certified and sealed by the clerk of the court to be eligible for recording. MCLA 565.401, 565.411

There must be sufficient space available on the document to apply the recording information or an additional page fee must be paid (i.e. there must be a) 2 1/2 margin at the top of the first page; b) 1/2" margin at the top of each successive page; c) 1/2" side and bottom margins on each page).

The Definition of a Page: One side of a single sheet of paper not larger that 8 1/2" x 14" with print not smaller than 10 point type, which shall be legible and on paper of not less than 20 (standard copy weight) pound weight. MCLA 565.201 (g)

Recording Requirements for Specific Document Types

(In addition to the Standard Recording Requirements)

Court Action Deeds

1. Date of document

2. Legal description

Government Land Patents

1. Original land patent or certified copy of original land patent from the U.S. Government (MCLA 565.301).

Master Deeds

1. Date of document

2. Legal description

3. Master Deeds full size plans.

Quit Claim Deeds

1. Date of document

2. Legal description

Sheriff's Deeds

1. Date of document

2. Legal description

3. Amount property sold for at auction

4. Statement of the Auctioneer - (Deputy Sheriff) signed and notarized (MCLA 565.8)

5. Soldiers and Sailors Affidavit (If Applicable) Non-Military Affidavit signed and notarized (MCLA 565.8)

6. Publication notice (Affidavit of Publisher) signed and notarized with newspaper clipping (MCLA 565.8)

7. Affidavit of posting signed and notarized (MCLA 565.8)

8. Redemption period statement signed and notarized by Deputy Sheriff (MCLA 565.8)

9. Affidavit of Redemption

State Treasurer Deeds

1. Date of document

2. Legal description

Tax Deeds

1. Date of document

2. Legal description

Trust Action Deeds

1. Date of document

2. Legal description

Warranty Deeds

1. Date of document

2. Legal description

3. Tax Certificate (MCLA 211.135) $5.00

Assumptions

1. Other party (mortgage holder) and address

2. Cross reference to original document being assumed (original Liber & Page)

Discharges

1. Cross reference to original document being assumed (original Liber & Page)

Land Contract Given as Security

1. Legal description

Discharge by Affidavit

1. Cross reference to original document being assumed (original Liber & Page)

2. Legal description

Mortgages

1. Legal description

Subordination

1. Legal description

2. Needs 1-2 Cross Reference (Libers & Pages)

3. Other party and address

Partial Release/Partial Discharge

1. Cross reference to original document being assumed (original Liber & Page)

2. Legal description

Notes:

Self-addressed return, postage paid envelopes are required.

Documents that do not meet the requirements, including documents with more than one title, will be rejected.

Common document errors include incorrect fee, missing individual drafter name, names not typed beneath signatures, marital status of male grantor/mortgagor not disclosed, and notarial certificate incomplete.