Mich. Comp. Laws » Michigan Compiled Laws / Chapter 565 / R.S. of 1846

Mich. Comp. Laws § 565.24

Delivery of instrument to register of deeds; affixing date, hour, and minute; accessibility; destruction of information created or maintained under subsection (2); fee; indexing of instrument; applicability of subsections (2) to (4); "general index date" defined; civil immunity.

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Revised Statutes of 1846


R.S. of 1846


565.24 Delivery of instrument to register of deeds; affixing date, hour, and minute; accessibility; destruction of information created or maintained under subsection (2); fee; indexing of instrument; applicability of subsections (2) to (4); "general index date" defined; civil immunity.

Sec. 24.

    (1) Upon delivery of an instrument to the register of deeds for the purpose of recording, the register shall note the date, hour, and minute of delivery on the first page of the instrument using a stamp or other method signifying that the date, hour, and minute was affixed by the register or a duly authorized representative of the register. If the instrument is received in bulk with other instruments, the date, hour, and minute of delivery shall be affixed in the manner required by this section as soon as is practical after its delivery. The date, hour, and minute so noted shall be presumed to be the date and time of delivery.

    (2) Each instrument delivered to a register shall be accessible for public review. Accessibility shall be satisfied by providing the instrument inscribed in a tangible medium when requested. The requirement of this subsection shall be considered to be satisfied if the length of time between a request to locate a particular document or documents and the time the search is initiated and completed is reasonable in light of the volume of all instruments being recorded and the ability to access the requested documents without undue disruption to the office of the register. A register of deeds also may, but is not required to, do any of the following:

    (a) Provide at least the first page of the instrument, stored in an electronic or other medium.

    (b) Provide a temporary searchable journal containing at least the date of delivery, title of the instrument, and the names of the parties to the instrument.

    (3) Any information created or maintained under subsection (2) may be destroyed when the instrument is entered into the index described in section 28 of this chapter or when the instrument is not accepted for recording.

    (4) A register shall not charge a fee for any review or search under subsection (2) unless it involves the search of an original instrument. An original instrument is available for public review only in the presence of the register, deputy register, or a representative of the register appointed for that purpose. When a name search is performed by the register or a representative of the register, a reasonable fee, not to exceed $15.00 for each 15 minutes or fraction thereof, may be charged for any search or review requested.

    (5) Subsections (2) to (4) do not apply once the instrument is indexed as required in section 28 of this chapter.

    (6) The register of deeds shall post in a conspicuous place in the register's office the general index date and shall maintain a record that memorializes both the calendar date and general index date that was posted on that calendar date. This public record shall be maintained in any reasonable medium that the register of deeds may select in his or her sole discretion. As used in this subsection, "general index date" means that date through which all recorded instruments bearing a delivery date up to and including the general index date have been fully recorded at length and indexed and are available for public inspection.

    (7) If a county register of deeds or an officer, employee, or agent of a register of deeds is, or believes he or she is, acting within the scope of his or her authority and in the course of his or her employment when authorizing, conducting, or deciding when or whether to conduct a search under subsection (2), that action is within the exercise or discharge of his or her governmental function, and the register of deeds or the officer, employee, or agent is immune from any claim for liability, including tort liability, that might otherwise entitle any person or other entity or corporation to monetary damages. The civil immunity provided under this section is in addition to any civil immunity provided under law, including, but not limited to, the application of section 7 of 1964 PA 170, MCL 691.1407.

History: R.S. 1846, Ch. 65 ;-- CL 1857, 2743 ;-- CL 1871, 4226 ;-- Am. 1879, Act 262, Eff. Aug. 30, 1879 ;-- How. 5674 ;-- CL 1897, 8979 ;-- CL 1915, 11711 ;-- CL 1929, 13299 ;-- Am. 1941, Act 263, Eff. Jan. 10, 1942 ;-- CL 1948, 565.24 ;-- Am. 2008, Act 357, Imd. Eff. Dec. 23, 2008

Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 2003–2021 · leading case: Gold v. Interstate Financial Corp. (In Re Schmiel)
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Gold v. Interstate Financial Corp. (In Re Schmiel) (2007) mieb · cites it 37× “In their cross motions for summary judgment, the parties identified a critical, undisputed fact: during the time from the date of execution of the Interstate mortgage, on April 25, 2003, through the date that a liber and page number were assigned to the mortgage, on July 30,…”
In Re Certified Question From the United States Bankruptcy Court (2006) mich · cites it 8× “The question certified is when an instrument should be deemed recorded where the register of deeds has failed to maintain an entry book as required by MCL 565.24. I concur in declining to answer this question because the failure of certain of our state's registers of deeds to…”
Tibble v. Consumers Credit Union (In Re Koshar) (2005) miwb · cites it 9× “Mich. Comp. Laws § 565.24 . The register of deeds must also file a copy of the mortgage received in a separate set of books the register of deeds is required to maintain.”
Brown Bark I, L.P. v. Traverse City Light & Power Department (2010) miwd · cites it 2× “ion (2), the recording of a levy, attachment, lien, lis pendens, sheriff's certificate, marshal’s certificate, or other instrument of encumbrance does not perfect the instrument of encumbrance unless both of the following are found by a court of competent jurisdiction to have…”
Central Ceiling & Partition, Inc. v. Dept. of Commerce (2003) mich · cites it 2× “Within 35 days of the date of this order, the Wayne County Register of Deeds shall file with the Clerk of this Court a brief stating (1) the date and time when the lien documents at issue in this case were presented to, and accepted by, the Register, (2) whether the Register…”
In Re Pankey (2008) mied · cites it 7× “For instance, the law requires "[e]very register of deeds [to] keep an entry book of ... mortgages" noting the "date of receipt, month, day, [and] hour" the documents are received by the register of deeds for recording.”
Central Ceiling & Partition, Inc. v. Department of Commerce (2004) mich “We further ORDER that until further order of this Court the Wayne County Register of Deeds is to send the Clerk of this Court quarterly written reports on its progress toward bringing its recording system into compliance with the requirements of MCL 565.24 and 565.25 The…”
CENT. CEILING & PARTITION, INC. v. Department of Commerce (2005) mich · cites it 3× “We further ordered the Wayne County Register of Deeds to send the Clerk of the Court quarterly written reports on its progress toward bringing its recording system into compliance with the requirements of MCL 565.24 and 565.25. The responses of the Register of Deeds, the…”
Kohut v. New Century Mortgage Corp. (Pankey) (2008) mied · cites it 4× “For instance, the law requires “[e]very register of deeds [to] keep an entry book of ... mortgages” noting the “date of receipt, month, day, [and] hour” the documents are received by the register of deeds for recording.”
Kohut v. Wells Fargo Bank, N.A. (In Re Pankey) (2007) mieb · cites it 2× “24 states, “Every register of deeds shall keep an entry book of deeds and an entry book of mortgages, each page of which shall be divided into 6 columns, with title or heads to the respective columns, in the following form.”
Hiatt Joint Living Trust v. Prairie Creek Golf Course Inc (2021) michctapp “See MCL 565.24 and 25 (pre-2008 amendments); see also Pankey v New Century Mtg Corp, 392 BR 710 (Bankr ED Mich, 2008); In re Schmiel, 362 BR 802 (Bankr ED Mich, 2007).”
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