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

Mich. Comp. Laws § 565.29

Unrecorded conveyance; validity against subsequent purchaser; relation of quit claim deed to good faith.

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Revised Statutes of 1846


R.S. of 1846


565.29 Unrecorded conveyance; validity against subsequent purchaser; relation of quit claim deed to good faith.

Sec. 29.

    Every conveyance of real estate within the state hereafter made, which shall not be recorded as provided in this chapter, shall be void as against any subsequent purchaser in good faith and for a valuable consideration, of the same real estate or any portion thereof, whose conveyance shall be first duly recorded. The fact that such first recorded conveyance is in the form or contains the terms of a deed of quit-claim and release shall not affect the question of good faith of such subsequent purchaser, or be of itself notice to him of any unrecorded conveyance of the same real estate or any part thereof.

History: R.S. 1846, Ch. 65 ;-- CL 1857, 2748 ;-- CL 1871, 4231 ;-- How. 5683 ;-- CL 1897, 8988 ;-- Am. 1915, Act 199, Eff. Aug. 24, 1915 ;-- CL 1915, 11721 ;-- CL 1929, 13304 ;-- CL 1948, 565.29

Notes of Decisions
Cited in 101 cases (17 in the last 5 years), 1952–2026 · leading case: Richards v. Tibaldi
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Richards v. Tibaldi (2007) michctapp · cites it 4× “Plaintiff, citing MCL 565.29, argues that title properly vested in him and not defendants because the property was conveyed to and the deed was recorded by plaintiff before defendants’ acquisition of a quitclaim deed for the property and defendants were not bona fide purchasers.”
Tibble v. Consumers Credit Union (In Re Koshar) (2005) miwb · cites it 14× “Mich. Comp. Laws § 565.29 . Statutes like Mich.”
Chase Manhattan Mortgage Corp. v. Shapiro (In Re Lee) (2008) ca6 · cites it 2× “See Mich. Comp. Laws Ann. § 565.29 (2007). Therefore, a bona fide purchaser of the Property from the Debtor could have acquired an interest superior to the interest of Chase up until the date that the New Mortgage was recorded.”
Graves v. American Acceptance Mortgage Corp. (2004) mich · cites it 2× “Plaintiff Graves and defendants American Acceptance and Boulder moved for summary disposition on the issue of the priority of the mortgage. The circuit court ruled for Graves, holding that plaintiff's first-recorded lien was constructively, if not actually, known to defendants…”
SPECIAL PROPERTY VI LLC v. Woodruff (2007) michctapp · cites it 2× “Thus, plaintiff argued, there was no question that it was a bona fide purchaser for value without notice under MCL 565.29 and, therefore, held title to the property free from any claim by New Century.”
Coventry Parkhomes Condominium Ass'n v. Federal National Mortgage Ass'n (2012) michctapp · cites it 2× “29 provides as follows, in pertinent part: Every conveyance of real estate within the state hereafter made, which shall not be recorded as provided in this chapter, shall be void as against any subsequent purchaser in good faith and for a valuable consideration, of the same real…”
PENROSE v. McCULLOUGH (2014) michctapp · cites it 2× ““Under MCL 565.29, the holder of a real estate interest who first records his or her interest generally has priority over subsequent purchasers.”
Johnson Family Ltd. Partnership v. White Pine Wireless, LLC (2008) michctapp “Under Michigan’s recording statutes, all subsequent owners or encumbrances take subject to recorded liens, rights, or interests.”
Gold v. Interstate Financial Corp. (In Re Schmiel) (2007) mieb · cites it 4× “See Mich. Comp. Laws Ann. § 565.29 (West 1988) (“Every conveyance of real estate within the state .”
United States v. Certain Real Property Located at 750 East Shore Drive (1992) mied · cites it 5× “” Mich.Comp.Laws Ann. § 565.29 (emphasis added).”
Hearn v. Bank of New York (In Re Hearn) (2006) mieb · cites it 2× “Mich. Comp. Laws Ann. § 565.29 . There is no genuine issue of fact in this case as to any of the elements of § 544(a)(3).”
Gold v. Interstate Financial Corp. (In Re Schmiel) (2005) mieb · cites it 2× “See Mich. Comp. Laws Ann. § 565.29 (West 1988) (“Every conveyance of real estate within the state .”
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