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Common document problems

Commonly missed recording requirements

Commonly missed recording requirements

Commonly missed recording requirements

Michigan Compiled Law

Signatures or mark of the person must be original; names must be typed or printed beneath all signatures.

MCLA 565.201 Sec. 1 (a)

No discrepancy shall exist between names of each person as printed, typed or stamped beneath their signature and the name as recited in the acknowledgment or jurat on the instrument.

MCLA 565.201 Sec. 1 (b)

Notary public name whose signature appears upon the instrument must be legibly printed, typewritten or stamped upon the instrument immediately beneath the signature of that notary public.

MCLA 565.201 Sec. 1 (c)

Instrument conveying or mortgaging shall state marital status of all male grantors/mortgagors.

MCLA 565.221

Names of all parties must appear on instruments that convey or encumber real estate.

MCLA 565.201 Sec. 1 (a),565.203

Name and address of person who drafted the document must be shown on the document.

MCLA 565.201a;

MCLA 565.203

Addresses of each of the grantees must appear in each deed of conveyance or assignment of real estate, if not, the post office address legibly printed, typewritten, or stamped on the instrument.

MCLA 565.201 Sec. 1

A certified copy of the death certificate or other proof of death must be recorded when “survivor” or“deceased” is indicated on the document.

MCLA 565.48

Court orders must be certified and sealed by the clerk of the court.

MCLA 565.401565.411

Document must be: legibly typewritten or printed, black ink, type size 10 point, white 20lb paper, with a blank margin of 2 ½” at the top for the first page and ½” on all other margins. Paper size must be 8 ½” x 11” and not larger than 8 ½” x 14”. (information applies to any attachments, as well)

MCLA 565.201 Sec. 1(e),

(f) (i-vi); Sec. 2

Documents must display on the first line of print on the first page a single statement identifying the recordable event that the instrument evidences.

MCLA 565.201 Sec. 1 (f) (ii) Subject to subsection (3); H.B. 5023

Total consideration of property transaction must be stated on the face of the document or affidavit attached.

MCLA 207.504207.525

State and/or County Transfer Tax Exemptions must properly apply to document.

MCLA 207.526MCLA 207.505;

MCLA 207.527MCLA 207.506;

MCLA 207.510MCLA 380.503

Document date on any conveyance of lands worded in substance as follows: “A.B. conveys and warrants to C.D.” is missing.

MCLA 565.151

Any changes to the Grantee Line on Deeds must have initials of both Grantor and Grantee. This also applies to any reduction in consideration amount.

 

Tax Certification from Treasurer’s Office must appear on deed.

MCLA 211.135 (General Property Tax Act 206 of 1893)

Insufficient recording fees.

MCLA 600.2567MCLA 600.2568

Check not signed.

 

Any document that assigns or discharges more than one instrument, $3 shall be added to the recording fee for each additional instrument assigned or discharged.

MCLA 600.2567 (1) (a)

Claim of lien must cite first and last day of labor; owner or lessee of property; name who lien is against and legal description.

MCLA 570.1111(1)(2) MSA 26.316(111) (1)(2) and MCLA 570.1112; MSA 26.316(112)

UCC – failure to provide required information.

ARTICLE 9, MCLA 440.9101

Sec. 9101 & 9102MCLA 440.9501MCLA 440.9516 (1) (2) a thru f (3) (4).

Power of attorney signature; document must cite liber & page previous P.O.A recording or copy of P.O.A. must be attached (citing attached)

MCLA 565.631MCLA 565.36

Sheriff deeds; affidavits information missing

MCLA 600.3145 and

MCLA 600.3240;

MCLA 600.3244;

MCLA 600.3241 (A); H.B. 929 & H.B. 931

Condominiums – Master Deeds and Amendments; Requirements not met pursuant to Condominium Act.

Act 59 1978 Rule 559.101 - 559.903.