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

Mich. Comp. Laws § 565.25

Perfecting recording; conditions; exemptions; liability for certain conduct; penalties.

Find cases: SyfertCases citing this section MI-LEGlegislature.mi.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

Revised Statutes of 1846


R.S. of 1846


565.25 Perfecting recording; conditions; exemptions; liability for certain conduct; penalties.

Sec. 25.

    (1) Except as otherwise provided in subsection (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 accompanied the instrument when it was delivered to the register under section 24(1) of this chapter:

    (a) A full and fair accounting of the facts that support recording of the instrument of encumbrance and supporting documentation, as available.

    (b) Proof of service that actual notice has been given to the recorded landowner of the land to which the instrument of encumbrance applies.

    (2) Subsection (1) does not apply to any of the following:

    (a) A tax lien that is not required to be recorded pursuant to the general property tax act, 1893 PA 206, MCL 211.1 to 211.155.

    (b) The filing of an instrument of encumbrance authorized by state statute or federal statute.

    (c) The filing of a consensual agreement to encumber real property entered into between the owner of real property and the person who seeks to record an encumbrance. A consensual agreement includes but is not limited to a mortgage, loan agreement, land contract, or other consensual or contractual agreement of whatever description entered into between the owner of real property and the person who seeks to record an encumbrance.

    (d) The filing of an encumbrance authorized in a final order by a court of competent jurisdiction.

    (e) A filing of a levy, attachment, lien, lis pendens, sheriff's certificate, marshal's certificate, or other instrument of encumbrance by a commercial lending institution. As used in this section, "commercial lending institution" means any of the following:

    (i) A state or nationally chartered bank.

    (ii) A state or federally chartered savings and loan association or savings bank.

    (iii) A state or federally chartered credit union.

    (iv) Any other state or federally chartered lending institution or regulated affiliate or regulated subsidiary of any entity listed in this subparagraph or subparagraphs (i) to (iii).

    (v) An insurance company authorized to do business in this state pursuant to the insurance code of 1956, 1956 PA 218, MCL 500.100 to 500.8302.

    (vi) A motor vehicle finance company subject to the motor vehicle sales finance act, 1950 (Ex Sess) PA 27, MCL 492.101 to 492.141, with net assets in excess of $50,000,000.00.

    (vii) A foreign bank.

    (viii) A retirement fund regulated pursuant to state law, or a pension fund of a local unit of government or a pension fund regulated pursuant to federal law with net assets in excess of $50,000,000.00.

    (ix) A federal, state, or local agency authorized by law to hold a security interest in real property or a local unit of government holding a reversionary interest in real property.

    (x) A nonprofit tax exempt organization created to promote economic development in which a majority of the organization's assets are held by a local unit of government.

    (xi) An entity within the federally chartered farm credit system.

    (xii) A licensee under the mortgage brokers, lenders, and servicers licensing act, 1987 PA 173, MCL 445.1651 to 445.1684.

    (xiii) A holder under the home improvement finance act, 1965 PA 332, MCL 445.1101 to 445.1431.

    (xiv) A retail seller under the retail installment sales act, 1966 PA 224, MCL 445.851 to 445.873.

    (xv) A licensee under the secondary mortgage loan act, 1981 PA 125, MCL 493.51 to 493.81, pertaining to secondary mortgages.

    (xvi) A licensee under the consumer financial services act, 1988 PA 161, MCL 487.2051 to 487.2072.

    (xvii) A licensee under the regulatory loan act, 1939 PA 21, MCL 493.1 to 493.24.

    (xviii) A regulated lender under the credit reform act, 1995 PA 162, MCL 445.1851 to 445.1864.

    (3) A person who is not exempt under subsection (2) who encumbers property through the recording of an instrument listed under subsection (1) without lawful cause with the intent to harass or intimidate any person is liable for the penalties set forth in section 2907a of the revised judicature act of 1961, 1961 PA 236, MCL 600.2907a.

History: R.S. 1846, Ch. 65 ;-- CL 1857, 2744 ;-- CL 1871, 4227 ;-- Am. 1879, Act 262, Eff. Aug. 30, 1879 ;-- How. 5675 ;-- CL 1897, 8980 ;-- CL 1915, 11712 ;-- CL 1929, 13300 ;-- CL 1948, 565.25 ;-- Am. 1958, Act 74, Eff. Sept. 13, 1958 ;-- Am. 1996, Act 526, Eff. Mar. 31, 1997 ;-- Am. 2008, Act 357, Imd. Eff. Dec. 23, 2008

Notes of Decisions
Cited in 53 cases (2 in the last 5 years), 1959–2025 · leading case: Gold v. Interstate Financial Corp. (In Re Schmiel)
Sort: Relevance Newest Treatment
Gold v. Interstate Financial Corp. (In Re Schmiel) (2007) mieb · cites it 39× “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,…”
Ameriquest Mortgage Co. v. Alton (2006) michctapp · cites it 19× “In the entry book of mortgages the register shall enter all mortgages and other deeds intended as securities, and all assignments of any mortgages or securities. (4) The instrument shall be considered as recorded at the time so noted and shall be notice to all persons except the…”
Tibble v. Consumers Credit Union (In Re Koshar) (2005) miwb · cites it 16× “Mich. Comp. Laws § 565.25 . Specifically, the register of deeds is to enter into the mortgage entry book the names of the mortgagor and the mortgagee and the month, day and hour the mortgage was received.”
People v. Cynar (2002) michctapp · cites it 4× “2907a(2) provides as follows: A person who violates section 25 of chapter 65 of the Revised Statutes of 1846 [MCL 565.25], by encumbering property through the recording of a document without lawful cause with the intent to harass or intimidate any person is guilty of a felony…”
Adams v. Adams (2007) michctapp “” See MCL 565.25(4) (emphasis added). 9 Although plaintiff and defendants do not agree concerning the exact date on which the safe-deposit box was opened and the 1988 deed was found, it is undisputed that these events occurred sometime in 1997.”
Central Ceiling & Parttiton, Inc v. Department of Commerce (2002) michctapp · cites it 5× “MCL 565.25, relating to entry books, the effect of entry by the register of deeds, recording of certain instruments of encumbrance, perfection, or conditions, application, nonexempt persons, and penalties, provides in relevant part: (1) .”
Johnson Family Ltd. Partnership v. White Pine Wireless, LLC (2008) michctapp “White Pine also argues that it would be inequitable to apply the restrictions to White Pine under the facts of this case.”
B & B Investment Group v. Gitler (1998) michctapp · cites it 2× “3 We note that this issue is not likely to arise again because future slander of title suits will likely be brought under MCL 565.25; MSA 26.543 and MCL 600.2907a; MSA 27A.”
In Re Certified Question From the United States Bankruptcy Court (2006) mich · cites it 4× “24 provides: "Every register of deeds shall keep an entry book of deeds and an entry book of mortgages .”
Robert Goss, Jr. v. ABN AMRO Mortgage Group (2013) ca6 · cites it 3× “Goss filed a complaint against ABN and CMI on February 2, 2012, in Michigan state court alleging: that defendants lacked standing and the state court lacked subject-matter jurisdiction to enforce the foreclosure because the subject loan was securitized after origination (Count…”
Citimortgage, Inc. v. Mortgage Electronic Registration Systems, Inc. (2011) michctapp · cites it 2× “Under Michigan’s former race-notice recording statute, MCL 565.25(1) and (4), as amended by 1996 PA 526 , a first-recorded mortgage had priority over a later-recorded mortgage, and equity — and therefore equitable subrogation- — -was used by the courts to overcome the plain…”
Tobin v. Civil Service Commission (1982) mich “MCL 565.25; MSA 26.543, MCL 565.551; MSA 26.”
Show all 53 citing cases →
— Mich. Comp. Laws § 565.25(1) — 11 cases
Citimortgage, Inc. v. Mortgage Electronic Registration Systems, Inc. (2011) michctapp “Under Michigan’s former race-notice recording statute, MCL 565.25(1) and (4), as amended by 1996 PA 526 , a first-recorded mortgage had priority over a later-recorded mortgage, and equity — and therefore equitable subrogation- — -was used by the courts to overcome the plain…”
Ameriquest Mortgage Co. v. Alton (2006) michctapp “In the entry book of mortgages the register shall enter all mortgages and other deeds intended as securities, and all assignments of any mortgages or securities. (4) The instrument shall be considered as recorded at the time so noted and shall be notice to all persons except the…”
Lewis v. Public Service Credit Union (In Re Neal) (2009) mieb
Wells Fargo Bank Na Trustee v. Sbc IV Reo LLC (2016) michctapp
In Re Pankey (2008) mied
— Mich. Comp. Laws § 565.25(1)(a) — 2 cases
in Re Therese M Cardinal Trust and Marvin a Cardinal Trust (2017) michctapp
in Re Therese M Cardinal Trust and Marvin a Cardinal Trust (2017) michctapp
— Mich. Comp. Laws § 565.25(2) — 2 cases
in Re Therese M Cardinal Trust and Marvin a Cardinal Trust (2017) michctapp
in Re Therese M Cardinal Trust and Marvin a Cardinal Trust (2017) michctapp
— Mich. Comp. Laws § 565.25(3) — 4 cases
Craig a Martyn v. Mel White (2018) michctapp
Craig a Martyn v. Mel White (2018) michctapp
Details Automotive Finishes LLC v. Four Childrens Enterprises LLC (2022) michctapp
20251114_C369872_38_369872.Opn_Order.Pdf (2025) michctapp
— Mich. Comp. Laws § 565.25(4) — 12 cases
Ameriquest Mortgage Co. v. Alton (2006) michctapp “In the entry book of mortgages the register shall enter all mortgages and other deeds intended as securities, and all assignments of any mortgages or securities. (4) The instrument shall be considered as recorded at the time so noted and shall be notice to all persons except the…”
Adams v. Adams (2007) michctapp “” See MCL 565.25(4) (emphasis added). 9 Although plaintiff and defendants do not agree concerning the exact date on which the safe-deposit box was opened and the 1988 deed was found, it is undisputed that these events occurred sometime in 1997.”
Johnson Family Ltd. Partnership v. White Pine Wireless, LLC (2008) michctapp “White Pine also argues that it would be inequitable to apply the restrictions to White Pine under the facts of this case.”
In Re Certified Question From the United States Bankruptcy Court (2006) mich “24 provides: "Every register of deeds shall keep an entry book of deeds and an entry book of mortgages .”
First National Bank v. Department of Treasury (2008) michctapp
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.