Michigan Compiled Laws

Mich. Comp. Laws § 55.307 (2026)

Presumption.

✓ current as of July 2026

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MICHIGAN LAW ON NOTARIAL ACTS

Act 238 of 2003

55.307 Presumption.

Sec. 47.

(1) Subject to subsection (2) and in the courts of this state, the certificate of a notary public of official acts performed in the capacity of a notary public, under the seal of office, is presumptive evidence of the facts contained in the certificate except that the certificate is not evidence of a notice of nonacceptance or nonpayment in any case in which a defendant attaches to his or her pleadings an affidavit denying the fact of having received that notice of nonacceptance or nonpayment.

(2) Notwithstanding subsection (1), the court may invalidate any notarial act not performed in compliance with this act.

History: 2003, Act 238, Eff. Apr. 1, 2004 ;-- Am. 2006, Act 155, Imd. Eff. May 26, 2006

Notes of Decisions

Cited in 5 cases (2 in the last 5 years), 2015–2024 · leading case: In Re Duke Est., 887 N.W.2d 1 (Mich. Ct. App. 2015).

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In Re Duke Est., 887 N.W.2d 1 (Mich. Ct. App. 2015). · cites it 4× “[MCL 55.307.] However, the probate court failed to recognize that under Michigan law, an invalid acknowledgment does not render void an otherwise valid conveyance of real estate.”

Dawn Reo LLC v. William R Murphy (Mich. Ct. App. 2019). · cites it 2× “” Similarly, current MCL 55.307 provides, in relevant part, that “the certificate of a notary public of official acts performed in the capacity of a notary public, under the seal of office, is presumptive evidence of the facts contained in the certificate.”

Detroit Land Bank Auth. v. 10043 Aurora Detroit Mi 48204 (Mich. Ct. App. 2024). · cites it 2× “He cites MCL55.307 for the proposition that “a court may invalidate any notarial act that is not performed in compliance with the Michigan Notary Public Act.”

Susan v. Lambrecht v. Est. of Ernest K Bateson (Mich. Ct. App. 2019). “Although Michigan law provides that notarized documents are presumptively authentic, see MCL 55.307, that presumption may be rebutted with clear, positive, and credible evidence in opposition to the document.”

Silver Capital Grp. LLC v. Melvin Underwood (Mich. Ct. App. 2022). “” Similarly, current MCL 55.307 provides, in relevant part, that “the certificate of a notary public of official acts performed in the capacity of a notary public, under the seal of office, is presumptive evidence of the facts contained in the certificate.”

— Mich. Comp. Laws § 55.307(2) — 3 cases

In Re Duke Est., 887 N.W.2d 1 (Mich. Ct. App. 2015). “[MCL 55.307.] However, the probate court failed to recognize that under Michigan law, an invalid acknowledgment does not render void an otherwise valid conveyance of real estate.”

Dawn Reo LLC v. William R Murphy (Mich. Ct. App. 2019). “” Similarly, current MCL 55.307 provides, in relevant part, that “the certificate of a notary public of official acts performed in the capacity of a notary public, under the seal of office, is presumptive evidence of the facts contained in the certificate.”

Detroit Land Bank Auth. v. 10043 Aurora Detroit Mi 48204 (Mich. Ct. App. 2024). “He cites MCL55.307 for the proposition that “a court may invalidate any notarial act that is not performed in compliance with the Michigan Notary Public Act.”

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