Recording requirements

Below you will find information on how to properly record deeds, mortgages, lis pendens, certified copies of court documents or other instruments in Macomb County.

LAUNCH COMMON DOCUMENT PROBLEMS

NOTE: Please cite a correct RETURN TO name and address on each document (That is where the recorded document will be returned).

1. Signatures must be original and names must be typed, stamped or printed beneath all signatures. MCLA 565.201 Sec. 1(a)

2. No discrepancy shall exist between the name of each person printed beneath his or her signature and the name recited in the notary acknowledgment or jurat.  

MCLA 565.201 Sec. 1(b);   Amended by HB 5022 and HB 5023

3. Instruments, executed prior to 4/16/17, conveying or mortgaging any interest in real estate shall cite the marital status of any male grantors.  MCLA 565.221

4. The addresses of each of the grantees must appear in each document that real estate is conveyed, assigned, encumbered, or otherwise disposed of.  

MCLA 565.201 Sec. 1(d)   Amended by HB 5023

5. The name and addresses of the person who drafted the document must appear on documents executed in Michigan.

MCLA 565.201a, MCLA 565.203

6. Documents purporting to convey or encumber real estate executed, or cancel a mortgage/lien, executed in Michigan must have an acknowledgment by a notary public. MCLA 565.8   Amended by HB 5022 and HB 5023

7. A certified copy of the death certificate or proof of death must be recorded and referenced when the instrument of conveyance cites “survivor” or "deceased" in the grantor’s section. MCLA 565.48

• A death certificate can no longer be attached to another document, effective 9/18/18.

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

9. The first page must have 2 ½” margin at top of document and ½” margin on all remaining sides of each page.  MCLA 565.201 Sec. 1(f)(i) 

• If the first page requirement is not met, you must include a cover page stating the title of the document.
• Exceptions (refer to the statute below):

  565.203 Inapplicability of act to certain instruments.
  
  Sec. 3.

    (1) This act does not apply to any of the following instruments:
  
    (a) A decree, order, judgment or writ of a court.
  
    (b) A death certificate or a certified copy of a death certificate described in section 2886 of the public health code, 1978 PA 368, MCL 333.2886.
  
    (2) Section 1(1)(a), (c), and (d) does not apply to an instrument on which the signature itself is printed, typewritten, stamped, or electronically affixed.

10. DEFINITION OF A PAGE: One side of a single sheet of white paper no smaller than 8 ½" x 11" and no larger than 8 ½" x 14" with print no smaller than 10 point type, legibly printed or typed on paper of (at least) 20-pound weight. All print must be in black ink. MCLA 565.201 Sec. 1(f)(iii-vi)