RECORDING REQUIREMENTS
Act 103 of 1937
565.201 Requirements for recording with register of deeds.
Sec. 1.
(1) A register of deeds shall not receive for recording an instrument executed after October 29, 1937 unless the 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, and the signature or mark is in black or dark blue ink.
(b) A discrepancy does not exist between the name of each person as printed, typewritten, or stamped beneath his or her signature and the name as recited in the acknowledgment or jurat on the instrument.
(c) The name of any notary public whose signature appears on the instrument is legibly printed, typewritten, or stamped on the instrument and appears on the same page near the signature of the 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.
(iii) Legible.
(iv) On paper of not less than 13 (17x22—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), September 12, 2007.
(ii) For an instrument presented to the register of deeds by the department of treasury, April 1, 2008.
(h) If the instrument or any part of it is in a language other than English, a written English translation is attached to the instrument.
(i) If the instrument is executed after January 1, 1964, the instrument contains the name and business address of the person who drafted the instrument.
(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, other than an instrument described in subsection (2), if the statement required under subsection (1)(f)(ii) purports to evidence more than 1 recordable event.
(4) Any instrument received and recorded by a register of deeds, including any instrument considered duly recorded under subsection (6), is 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) A register of deeds shall not reject an instrument for recording because of the content of the instrument if the instrument complies with the provisions of this act and any other act relating to the recording of instruments.
(6) If a mortgage meets all requirements for recording under this act and a copy of the mortgage is affixed to an affidavit that is recordable under section 1a(g) of 1915 PA 123, MCL 565.451a, the register of deeds shall receive the affidavit with the accompanying copy of the mortgage for record, and the mortgage is duly recorded under this act and under section 29 of 1846 RS 65, MCL 565.29, as of the date of recording of the affidavit. To the extent that the mortgage validly creates a lien, the lien is perfected as of the date of recording of the affidavit. The amendments to this section enacted by 2014 PA 347 apply retroactively to all copies of mortgages verified by affidavit regardless of whether they are recorded on, before, or after October 17, 2014, the effective date of 2014 PA 347. However, a register of deeds shall not receive an affidavit and mortgage for record under this subsection after October 16, 2014 if more than 1 mortgage is attached to the affidavit.
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 ;-- Am. 2014, Act 347, Imd. Eff. Oct. 17, 2014 ;-- Am. 2018, Act 197, Eff. Sept. 18, 2018
Notes of Decisions
Gold v. Interstate Fin. Corp. (In Re Schmiel), 362 B.R. 802 (Bankr. E.D. Mich. 2007).
· cites it 20× “”) In Schmiel II, the Court concluded that there were genuine issues of material fact regarding whether the mortgage in this case met the technical requirements for recording under Mich. Comp. Laws Ann. § 565.201 , the date of tendering the recording fee, and the actions taken,…”
In Re Duke Est., 887 N.W.2d 1 (Mich. Ct. App. 2015).
· cites it 10× “202 refers to the Recording Requirements Act, MCL 565.201 et seq. MCL 565.201 3 sets forth the requirements for recording an instrument with the register of deeds, and MCL 565.”
Simon v. JP Morgan Chase Bank, Nat'l Ass'n (In Re Lebbos), 455 B.R. 607 (Bankr. E.D. Mich. 2011).
· cites it 8× “At the time he moved for summary judgment, however, the Trustee differently asserted that the transfer at issue and subject to avoidance under § 547 was the Claim of Interest recorded by JP Morgan, arguing it is ineffective under Michigan law because it does not comply with the…”
Burkhardt v. Bailey, 680 N.W.2d 453 (Mich. Ct. App. 2004).
· cites it 2× “201(l)(f)(ii), and must purport to evidence only one event, MCL 565.201(3). These statutes support the conclusion that the recorded discharge cannot be evidence of an event different from that stated on the document.”
Wells Fargo Home Mortg., Inc. v. Richardson (In Re Brandt), 434 B.R. 493 (W.D. Mich. 2010).
· cites it 10× “Wells Fargo refers, in particular, to subsections (1), (4) and (5) of Mich. Comp. Laws § 565.201 , which provide, in relevant part: (1) An instrument executed after October 29, 1937 by which the title to or any interest in real estate is conveyed, assigned, encumbered, or…”
Lewis v. Pub. Serv. Credit Union (In Re Neal), 406 B.R. 288 (Bankr. E.D. Mich. 2009).
· cites it 4× “Second, the mortgage must meet the technical requirements for recording under MCL § 565.201. Finally, the recording fee must be paid when the mortgage is left for recording.”
Lim v. New Century Mortg. Corp. (In Re Ammar), 368 B.R. 629 (Bankr. E.D. Mich. 2007).
· cites it 9× “§ 565.201. Id. at *12. Section 565.201 provides in relevant part: (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…”
Remes v. Robison (In Re Van Houten), 56 B.R. 891 (Bankr. W.D. Mich. 1986).
· cites it 2× “§ 565.201(e)] provides that any document received for recording and recorded, as this one was, “shall be conclusively presumed to comply with the requirements of this act.”
Kohut v. Wells Fargo Bank, N.A. (In Re Pankey), 373 B.R. 19 (Bankr. E.D. Mich. 2007).
· cites it 4× “The mortgage must be received by the register of deeds under Mich. Comp. Laws Ann. § 565.25 (1). 2. The mortgage must meet the technical requirements of Mich.”
— Mich. Comp. Laws § 565.201(1) — 1 case
In Re Duke Est., 887 N.W.2d 1 (Mich. Ct. App. 2015).
“202 refers to the Recording Requirements Act, MCL 565.201 et seq. MCL 565.201 3 sets forth the requirements for recording an instrument with the register of deeds, and MCL 565.”
— Mich. Comp. Laws § 565.201(1)(a) — 1 case
Lewis v. Pub. Serv. Credit Union (In Re Neal), 406 B.R. 288 (Bankr. E.D. Mich. 2009).
“Second, the mortgage must meet the technical requirements for recording under MCL § 565.201. Finally, the recording fee must be paid when the mortgage is left for recording.”
— Mich. Comp. Laws § 565.201(1)(c) — 3 cases
In Re Duke Est., 887 N.W.2d 1 (Mich. Ct. App. 2015).
“202 refers to the Recording Requirements Act, MCL 565.201 et seq. MCL 565.201 3 sets forth the requirements for recording an instrument with the register of deeds, and MCL 565.”
— Mich. Comp. Laws § 565.201(3) — 1 case
Burkhardt v. Bailey, 680 N.W.2d 453 (Mich. Ct. App. 2004).
“201(l)(f)(ii), and must purport to evidence only one event, MCL 565.201(3). These statutes support the conclusion that the recorded discharge cannot be evidence of an event different from that stated on the document.”
— Mich. Comp. Laws § 565.201(5) — 1 case
Wells Fargo Home Mortg., Inc. v. Richardson (In Re Brandt), 434 B.R. 493 (W.D. Mich. 2010).
“Wells Fargo refers, in particular, to subsections (1), (4) and (5) of Mich. Comp. Laws § 565.201 , which provide, in relevant part: (1) An instrument executed after October 29, 1937 by which the title to or any interest in real estate is conveyed, assigned, encumbered, or…”
— Mich. Comp. Laws § 565.201(e) — 1 case
Remes v. Robison (In Re Van Houten), 56 B.R. 891 (Bankr. W.D. Mich. 1986).
“§ 565.201(e)] provides that any document received for recording and recorded, as this one was, “shall be conclusively presumed to comply with the requirements of this act.”
— Mich. Comp. Laws § 565.201(f) — 1 case
Remes v. Robison (In Re Van Houten), 56 B.R. 891 (Bankr. W.D. Mich. 1986).
“§ 565.201(e)] provides that any document received for recording and recorded, as this one was, “shall be conclusively presumed to comply with the requirements of this act.”
— Mich. Comp. Laws § 565.201(l)(c) — 1 case
In Re Duke Est., 887 N.W.2d 1 (Mich. Ct. App. 2015).
“202 refers to the Recording Requirements Act, MCL 565.201 et seq. MCL 565.201 3 sets forth the requirements for recording an instrument with the register of deeds, and MCL 565.”
— Mich. Comp. Laws § 565.201(l)(f)(ii) — 1 case
Burkhardt v. Bailey, 680 N.W.2d 453 (Mich. Ct. App. 2004).
“201(l)(f)(ii), and must purport to evidence only one event, MCL 565.201(3). These statutes support the conclusion that the recorded discharge cannot be evidence of an event different from that stated on the document.”
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