Michigan Compiled Laws

Mich. Comp. Laws § 565.453 (2026)

Affidavit; use as evidence.

✓ current as of July 2026

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RECORDING AFFIDAVITS AFFECTING REAL PROPERTY

Act 123 of 1915

565.453 Affidavit; use as evidence.

Sec. 3.

The affidavit, whether recorded before or after the passage of this act, may be received in evidence in any civil cause, in any court of this state and by any board or officer of the state in any suit or proceeding affecting the real estate and shall be prima facie evidence of the facts and circumstances therein contained.

History: 1915, Act 123, Eff. Aug. 24, 1915 ;-- CL 1915, 11738 ;-- CL 1929, 13366 ;-- CL 1948, 565.453 ;-- Am. 1965, Act 178, Imd. Eff. July 15, 1965

Notes of Decisions

Cited in 6 cases, 2004–2018 · leading case: Wilmington Saving Fund Soc'y Fsb v. Roger Duane Clare, 919 N.W.2d 420 (Mich. Ct. App. 2018).

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Wilmington Saving Fund Soc'y Fsb v. Roger Duane Clare, 919 N.W.2d 420 (Mich. Ct. App. 2018). “MCL 565.453 provides, in turn, as follows: The affidavit, whether recorded before or after the passage of this act, may be received in evidence in any civil cause, in any court of this state and by any board or officer of the state in any suit or proceeding affecting the real…”

Camacho v. Homeq Servicing Corp. (In Re Camacho), 311 B.R. 186 (Bankr. E.D. Mich. 2004). · cites it 3× “Under Mich. Comp. Laws Ann. § 565.453 , the Affidavit “shall be prima facie evidence of the facts and circumstances therein contained.”

Lewis v. Pub. Serv. Credit Union (In Re Neal), 406 B.R. 288 (Bankr. E.D. Mich. 2009). “§ 565.453 provides: Sec. 3. The affidavit, whether recorded before or after the passage of this act, may be received in evidence in any civil cause, in any court of this state and by any board or officer of the state in any suit or proceeding affecting the real estate and shall…”

Onewest Bank Fsb v. Est. of Anna I Madison (Mich. Ct. App. 2015). · cites it 2× “Thus, even had a reformation action been timely filed, Anna and Donald would not have been available to testify.”

Wilmington Saving Fund Soc'y Fsb v. Roger Duane Clare (Mich. Ct. App. 2018). “MCL 565.453 provides in turn as follows: The affidavit, whether recorded before or after the passage of this act, may be received in evidence in any civil cause, in any court of this state and by any board or officer of the state in any suit or proceeding affecting the real…”

Linda a Zara v. Wells Fargo Bank Na (Mich. Ct. App. 2018). “Instead, the affidavit was filed pursuant to MCL 565.453, which indicates that an affidavit received in a suit affecting real estate is prima facie evidence of the facts contained therein.”

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