reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 20 of 1867 - Recording of Deeds, Mortgages, and Instruments of Record (565.491 - 565.492) › Section 565.491 - Instruments Recordation; Reproductions; Delivery; Social Security Number.

565.491 Instruments recordation; reproductions; delivery; social security number.
Sec. 1.
(1) A register of deeds, upon the payment of the proper fee, shall record or cause to be recorded, at length, upon the pages of the proper record books in his or her office reproductions pursuant to the records reproduction act, 1992 PA 116, MCL 24.401 to 24.406, of all deeds, mortgages, maps, and instruments or writings authorized by law to be recorded in his or her office, and left with him or her for that purpose. If the register of deeds receives an instrument to be recorded, he or she shall not deliver it to the parties, or either of them, or permit the instrument to go out of his or her office before it is duly entered at large upon the record.
(2) 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 a register of deeds shall not receive an instrument or reproduction of an instrument for recording unless the first 5 digits of any social security number appearing in or on the instrument or reproduction are obscured or removed:
(a) Except as provided in subdivision (b), the effective date of the amendatory act that added this subsection.
(b) For an instrument or reproduction presented to the register of deeds by the department of treasury, April 1, 2008.
History:
1867, Act 20, Eff. June 27, 1867 ;-- CL 1871, 4254 ;-- How. 5677 ;-- CL 1897, 8982 ;-- Am. 1911, Act 122, Eff. Aug. 1, 1911 ;-- CL 1915, 11714 ;-- Am. 1921, Act 379, Eff. Aug. 18, 1921 ;-- CL 1929, 13372 ;-- CL 1948, 565.491 ;-- Am. 1992, Act 211, Imd. Eff. Oct. 5, 1992 ;-- Am. 2007, Act 53, Imd. Eff. Sept. 6, 2007
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 20 of 1867 - Recording of Deeds, Mortgages, and Instruments of Record (565.491 - 565.492) › Section 565.492 - Conveyance Made Under Court Order; Indexing, Record as Evidence.

565.492 Conveyance made under court order; indexing, record as evidence.
Sec. 2.
When a deed or other conveyance made by an executor, administrator, guardian, commissioner, sheriff, marshal or person acting under authority of an order of court, is left for record, the register of deeds shall enter in the indexes of the officer or person the names of the testators, wards or persons who owned the estate, and from whom it passes when the same appear by such deed, and also the name of such executor, administrator, guardian, commissioner, sheriff, marshal, or other person executing the same; and when a decree or order for the partition of land, or the commissioner return thereof, is so left for record, the register shall enter in the indexes the names of all the persons whose estates plainly appear to be affected thereby. And all such deeds, the record, or a certified copy of such record, shall be in all courts and places prima facie evidence of the regularity of all the proceedings required by law anterior to such deeds, and of the authority of the grantor therein named to execute such deed or deeds.
History:
1867, Act 20, Eff. June 27, 1867 ;-- CL 1871, 4255 ;-- How. 5678 ;-- CL 1897, 8983 ;-- CL 1915, 11715 ;-- CL 1929, 13373 ;-- CL 1948, 565.492
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 79 of 1841 - General Index of Records (565.501 - 565.502) › Section 565.501 - General Index of Records; Duties and Compensation of Register.

565.501 General index of records; duties and compensation of register.
Sec. 1.
That the county commissioners of the respective counties of this state, be, and they are hereby authorized, if in the opinion of the commissioners they shall deem it necessary, to cause the registers of their respective counties, to prepare a general index to all books in their offices, used for the purpose of recording deeds, mortgages and other instruments, in order that the records containing the title of lands, may the more easily be preserved, and a search of said records, to ascertain such title, facilitated; and the said registers shall receive for their compensation such sum as the county commissioners may deem just and right.
History:
1841, Act 79, Eff. May 13, 1841 ;-- CL 1857, 2770 ;-- CL 1871, 4267 ;-- How. 5722 ;-- CL 1897, 9058 ;-- CL 1915, 11789 ;-- CL 1929, 13374 ;-- CL 1948, 565.501
Compiler's Notes:
The office of county commissioners was abolished and its powers and duties transferred to the county boards of supervisors by Act 19 of 1842.
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 79 of 1841 - General Index of Records (565.501 - 565.502) › Section 565.502 - General Index of Records; Compensation of Register for Indexing Instruments.

565.502 General index of records; compensation of register for indexing instruments.
Sec. 2.
That no compensation shall be allowed for indexing in the general index, deeds, mortgages and other instruments, that shall be left for record after the general index books shall be furnished to the registers of the respective counties, or when said books may have been already furnished, and the registers are hereby required without charge, to index all such deeds, mortgages, and other instruments in said general index.
History:
1841, Act 79, Eff. May 13, 1841 ;-- CL 1857, 2771 ;-- CL 1871, 4268 ;-- How. 5723 ;-- CL 1897, 9059 ;-- CL 1915, 11790 ;-- CL 1929, 13375 ;-- CL 1948, 565.502
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 158 of 1887 - Failure to Keep Up Required Indexes (565.531 - 565.531) › Section 565.531 - Index; Failure to Keep Up; Forfeiture.

565.531 Index; failure to keep up; forfeiture.
Sec. 1.
That every register of deeds who shall neglect or refuse to keep up such indexes as are required by law shall forfeit the sum of 10 dollars for each and every such neglect or refusal, which may be recovered in an action of debt before any court of competent jurisdiction.
History:
1887, Act 158, Eff. Sept. 28, 1887 ;-- How. 5723a ;-- CL 1897, 9060 ;-- CL 1915, 11791 ;-- CL 1929, 13376 ;-- CL 1948, 565.531
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 25 of 1836 - Records of Deeds and Other Conveyances (565.581 - 565.584) › Section 565.581 - County Attached to Another for Judicial Purposes; Record of Instruments; Copying, Copy as Evidence; Social Security Number; Removal; "Books" Defined.

565.581 County attached to another for judicial purposes; record of instruments; copying, copy as evidence; social security number; removal; "books" defined.
Sec. 1.
(1) By majority vote, the board of supervisors of an organized county that is attached to another county for judicial purposes may direct the register of deeds of the board's county, either in person or by deputy, to provide sufficient books, and procure and record in those books a complete copy of all deeds, mortgages, powers of attorney, or other instruments relating to the title of land belonging to the board's county and on record in the county to which it is attached; and it is the duty of that register or deputy under his or her oath of office to certify each and every copy so taken to be a true copy of the original record; and each copy so certified shall be received as evidence in all courts in this state, in the same manner and for the same purposes as the original record would be received.
(2) Unless state or federal law, rule, regulation, or court order or rule requires that the social security number appear in the instrument or copies of the instrument, if a register of deeds provides a person a copy of an instrument from a book of records that contains a social security number, the register of deeds may obscure or remove all or at least the first 5 digits of the social security number from the copy before providing it.
(3) An individual whose social security number is contained in 1 or more instruments in a county's books of record may request that the register of deeds of that county obscure or remove all or at least the first 5 digits of his or her social security number from copies made of those instruments by recording an affidavit identifying the liber and page of those instruments.
(4) As used in this act, "books" includes a computerized recording system for instruments relating to the title of land.
History:
1836, Act 25, Imd. Eff. Mar. 24, 1836 ;-- CL 1857, 2766 ;-- CL 1871, 4259 ;-- How. 5694 ;-- CL 1897, 9000 ;-- CL 1915, 11732 ;-- CL 1929, 13378 ;-- CL 1948, 565.581 ;-- Am. 2007, Act 55, Imd. Eff. Sept. 12, 2007
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 25 of 1836 - Records of Deeds and Other Conveyances (565.581 - 565.584) › Section 565.582 - Application of Preceding Section.

565.582 Application of preceding section.
Sec. 2.
All counties that now are or may hereafter be organized shall have all the rights and privileges specified in the first section of this act.
History:
1836, Act 25, Imd. Eff. Mar. 24, 1836 ;-- CL 1857, 2767 ;-- CL 1871, 4260 ;-- How. 5695 ;-- CL 1897, 9001 ;-- CL 1915, 11733 ;-- CL 1929, 13379 ;-- CL 1948, 565.582
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 25 of 1836 - Records of Deeds and Other Conveyances (565.581 - 565.584) › Section 565.583 - Register; Duties, Fees.

565.583 Register; duties, fees.
Sec. 3.
It shall be the duty of the register of the county applying for a copy of records to transcribe the same in the book or books to be provided for that purpose as aforesaid; and the said register shall receive for his services the fees allowed to registers for recording deeds, to be paid out of the county treasury; and the register to whom application may be made as aforesaid is hereby authorized and directed to permit the register first mentioned in this section to have the use of the books and records in his office for the purpose aforesaid.
History:
1836, Act 25, Imd. Eff. Mar. 24, 1836 ;-- CL 1857, 2768 ;-- CL 1871, 4261 ;-- How. 5696 ;-- CL 1897, 9002 ;-- CL 1915, 11734 ;-- CL 1929, 13380 ;-- CL 1948, 565.583
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 25 of 1836 - Records of Deeds and Other Conveyances (565.581 - 565.584) › Section 565.584 - Register; Additional Compensation.

565.584 Register; additional compensation.
Sec. 4.
The supervisors are authorized and directed to make such further compensation to the register who may transcribe such record as may be proper and just.
History:
1836, Act 25, Imd. Eff. Mar. 24, 1836 ;-- CL 1857, 2769 ;-- CL 1871, 4262 ;-- How. 5697 ;-- CL 1897, 9003 ;-- CL 1915, 11735 ;-- CL 1929, 13381 ;-- CL 1948, 565.584
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 177 of 1879 - Transcribing Records of Deeds, Mortgages, and Other Instruments (565.591 - 565.591) › Section 565.591 - Failure or Mistake in Copying Records for New County; Copy of Original; Right to Obtain, Recording.

565.591 Failure or mistake in copying records for new county; copy of original; right to obtain, recording.
Sec. 1.
That when a new county has been, or shall be organized, in whole or in part, from an organized county, or from territory attached to such organized county for judicial purposes, and the supervisors of such new county have or shall have neglected to cause copies or transcripts of the records of deeds, mortgages or other instruments relating to real estate in such new county, to be made as provided by law; or if from any cause the same has not, or shall not have been done; or in case there are or shall be informalities, irregularities or mistakes in the copying, transcribing or certifying of such records, then in either such case, any person may procure from the register of deeds of the county in which such original deed, mortgage or other instrument had been recorded, a copy, duly certified by such register, of the original record of any deed, mortgage or other instrument relative to or affecting the title of land, in which such person may be interested, and situated in such new county, and cause such certified copy to be recorded in the office of the register of deeds of the proper county. When any such certified copy shall be presented to the register of deeds of any county in this state, it shall be the duty of such register to record the same in the same manner and with like effect as original instruments or papers entitled to record in his office, and when so recorded, such record shall have the same effect in all respects as original records.
History:
1879, Act 177, Eff. Aug. 30, 1879 ;-- How. 5698 ;-- CL 1897, 9004 ;-- CL 1915, 11739 ;-- CL 1929, 13382 ;-- CL 1948, 565.591
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 21 of 1861 - Confirmation of Certain Deeds and Instruments (565.601 - 565.604) › Section 565.601 - Deed Executed According to Law of Place of Execution; Validity.

565.601 Deed executed according to law of place of execution; validity.
Sec. 1.
That all deeds of lands situated within this state, heretofore or hereafter made without this state, and executed according to the laws of the place where made, and acknowledged to be the free act of the grantor or grantors therein named, before any person authorized to take the acknowledgment of deeds by the laws of the place where executed, or of the laws of the territory or state of Michigan, in force at the date of such acknowledgment, shall be deemed between the parties thereto, and all persons claiming under or through them, as valid and effectual to convey the legal estate of the premises therein described, as if the said deed had been in all respects legally executed.
History:
1861, Act 21, Imd. Eff. Feb. 2, 1861 ;-- CL 1871, 4250 ;-- How. 5724 ;-- CL 1897, 9048 ;-- CL 1915, 11781 ;-- CL 1929, 13383 ;-- CL 1948, 565.601
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 21 of 1861 - Confirmation of Certain Deeds and Instruments (565.601 - 565.604) › Section 565.602 - Married Woman's Joint Deed With Husband; Validity.

565.602 Married woman's joint deed with husband; validity.
Sec. 2.
All deeds of lands situated in this state, heretofore or hereafter made by any married woman jointly with her husband by their attorney in fact, under a joint power of attorney, executed and acknowledged as required in the joint deed of a husband and wife, and recorded in the office of the register of deeds of the proper county, shall be taken and deemed as between the parties thereto, and all persons claiming under or through them as valid and effectual to convey the legal title of the premises therein described, as if the same had been executed and acknowledged by the husband and wife in person.
History:
1861, Act 21, Imd. Eff. Feb. 2, 1861 ;-- CL 1871, 4251 ;-- How. 5725 ;-- CL 1897, 9049 ;-- CL 1915, 11782 ;-- CL 1929, 13384 ;-- CL 1948, 565.602
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 21 of 1861 - Confirmation of Certain Deeds and Instruments (565.601 - 565.604) › Section 565.603 - Certificate of Acknowledgment; Effect of Imperfection.

565.603 Certificate of acknowledgment; effect of imperfection.
Sec. 3.
No deed of lands situate in this state heretofore or hereafter executed, shall be deemed defective by reason of any informality or imperfection in the certificate of acknowledgment, if it shall sufficiently appear by such certificate that the person making the same was legally authorized to take such acknowledgment, and that the grantor or grantors named in such deed were personally known to him, and that he or they personally appeared before him and acknowledged such deed to be his or their free act, and if such deed was executed out of this state, it shall be sufficient if the certificate under the seal of office of the clerk or other proper certifying officer of the court of record of the county or district within which such acknowledgment was taken, in cases where any such certificate was required, sufficiently shows that the person before whom such acknowledgment was taken, was at the date thereof such officer as he is therein represented to be. And whenever such deed has been recorded in the office of the register of deeds of the proper county, such record shall be effectual for all purposes of a legal record, and the record of such deed or a transcript thereof may be given in evidence as in other cases: Provided, That nothing in this section, or in the preceding 2 sections contained, shall impair the rights of any person under a purchase heretofore made in good faith, and on valuable consideration.
History:
1861, Act 21, Imd. Eff. Feb. 2, 1861 ;-- CL 1871, 4252 ;-- How. 5726 ;-- CL 1897, 9050 ;-- CL 1915, 11783 ;-- CL 1929, 13385 ;-- CL 1948, 565.603
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 21 of 1861 - Confirmation of Certain Deeds and Instruments (565.601 - 565.604) › Section 565.604 - Land Conveyances; Statutory Requirements Defect; Effect.

565.604 Land conveyances; statutory requirements defect; effect.
Sec. 4.
No conveyance of land or instrument intended to operate as such conveyance, made in good faith and upon a valuable consideration, whether heretofore made or hereafter to be made, shall be wholly void by reason of any defect in any statutory requisite in the sealing, signing, attestation, acknowledgment, or certificate of acknowledgment thereof; nor shall any deed or conveyance, heretofore or hereafter to be made, designed and intended to operate as a conveyance to any religious, fraternal, scientific or benevolent society, or corporation, be wholly void by reason of any mistake in the name or description of the grantee, nor because of any failure of such society or corporation to comply with any statutory provisions concerning the organization of such society or corporation: Provided, Such society or corporation shall hereafter comply with the provisions of the statute touching the organization or incorporation of such societies; but the same, when not otherwise effectual to the purposes intended, may be allowed to operate as an agreement for a proper and lawful conveyance of the premises in question, and may be enforced specifically by suit in equity in any court of competent jurisdiction, subject to the rights of subsequent purchasers in good faith and for a valuable consideration; and when any such defective instrument has been or shall hereafter be recorded in the office of the register of deeds of the county in which such lands are situate, such record shall hereafter operate as legal notice of all the rights secured by such instrument.
History:
1861, Act 21, Imd. Eff. Feb. 2, 1861 ;-- CL 1871, 4253 ;-- Am. 1873, Act 174, Imd. Eff. Apr. 29, 1873 ;-- How. 5727 ;-- CL 1897, 9051 ;-- CL 1915, 11784 ;-- CL 1929, 13386 ;-- Am. 1933, Act 56, Imd. Eff. Apr. 14, 1933 ;-- CL 1948, 565.604
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 191 of 1871 - Confirmation of Record of Letters of Attorney or Other Instrument (565.631 - 565.632) › Section 565.631 - Power of Attorney; Record as Evidence of Execution and Acknowledgment.

565.631 Power of attorney; record as evidence of execution and acknowledgment.
Sec. 1.
That any letter of attorney or other instrument containing a power to convey lands, as agent or attorney for the owners of such lands, executed and acknowledged in the manner provided by the statutes of this state for the execution and acknowledgment of deeds or other conveyances of land, and which shall have been actually recorded in the office of the register of deeds in any county in the state prior to the first day of March in the year 1847, may be proved in any court by the production of such record or a duly certified copy thereof and such record or a duly certified copy, shall be prima facie evidence of the due execution and acknowledgment of such letter of attorney or other instrument.
History:
1871, Act 191, Eff. July 18, 1871 ;-- CL 1871, 4256 ;-- Am. 1873, Act 183, Eff. July 31, 1873 ;-- How. 5691 ;-- Am. 1897, Act 103, Imd. Eff. Apr. 28, 1897 ;-- CL 1897, 8996 ;-- CL 1915, 11728 ;-- CL 1929, 13387 ;-- CL 1948, 565.631
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 191 of 1871 - Confirmation of Record of Letters of Attorney or Other Instrument (565.631 - 565.632) › Section 565.632 - Destruction or Loss of Recorded Instrument Entitled to Record in Another County; Transcript, Recording, Evidence.

565.632 Destruction or loss of recorded instrument entitled to record in another county; transcript, recording, evidence.
Sec. 2.
When deeds and instruments conveying title to real estate or any letter of attorney or other instrument containing a power to convey lands as agent or attorney for the owners of such lands, executed and acknowledged in the manner provided by the statutes of this state for the execution and acknowledgment of deeds or other conveyances of land, shall have been actually and regularly recorded in the office of the register of deeds of any of the counties of the state; and when such deeds, mortgages, instruments or other papers duly executed and designed for and entitled to record in more than 1 county of the state; and when such original papers have been consumed by fire or otherwise destroyed or lost before such other records have been completed; on satisfactory proof of such loss or destruction being made to the circuit judge of the district wherein such papers have been recorded, he may make an order authorizing the register of deeds to furnish certified transcript copies of such deeds, mortgages, papers, with the circuit judge's order attached thereto, shall be presented to the register of deeds for any county of this state, it shall be the duty of such register to record the same; and when so recorded, such copy, and the record thereof, shall be as valid and entitled to the same credit in all matters of notice and proof of title as where the originals have been so entered on record; and a certified copy thereof, and such record or a duly certified copy shall be prima facie evidence of the due execution and acknowledgment of such letter of attorney or other instrument.
History:
Add. 1873, Act 183, Eff. July 31, 1873 ;-- How. 5716 ;-- Am. 1897, Act 103, Imd. Eff. Apr. 28, 1897 ;-- CL 1897, 8997 ;-- CL 1915, 11729 ;-- CL 1929, 13388 ;-- CL 1948, 565.632
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Repealed - Act 72 of 1875 - Confirmation of Public Acts, Records, Suits, Taxes, and Official Acts (565.651 - 565.652)

CONFIRMATION OF PUBLIC ACTS, RECORDS, SUITS, TAXES, AND OFFICIAL ACTS
Act 72 of 1875
565.651,565.652 Repealed. 1980, Act 180, Imd. Eff. July 2, 1980.
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 53 of 1941 - Uniform Vendor and Purchaser Risk Act (565.701 - 565.703) › Section 565.701 - Uniform Vendor and Purchaser Risk Act; Provisions Governing Same Deemed Part of Contract.

565.701 Uniform vendor and purchaser risk act; provisions governing same deemed part of contract.
Sec. 1.
Any contract hereafter made in this state for the purchase and sale of realty shall be interpreted as including an agreement that the parties shall have the following rights and duties, unless the contract expressly provides otherwise:
(a) If, when neither the legal title nor the possession of the subject matter of the contract has been transferred, all or a material part thereof is destroyed without fault of the purchaser or is taken by eminent domain, the vendor cannot enforce the contract, and the purchaser is entitled to recover any portion of the price that he has paid;
(b) If, when either the legal title or the possession of the subject matter of the contract has been transferred, all or any part thereof is destroyed without fault of the vendor or is taken by eminent domain, the purchaser is not thereby relieved from a duty to pay the price, nor is he entitled to recover any portion thereof that he has paid.
History:
1941, Act 53, Eff. Jan. 10, 1942 ;-- CL 1948, 565.701
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 53 of 1941 - Uniform Vendor and Purchaser Risk Act (565.701 - 565.703) › Section 565.702 - Construction of Act; Uniformity.

565.702 Construction of act; uniformity.
Sec. 2.
This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
History:
1941, Act 53, Eff. Jan. 10, 1942 ;-- CL 1948, 565.702
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 53 of 1941 - Uniform Vendor and Purchaser Risk Act (565.701 - 565.703) › Section 565.703 - Uniform Vendor and Purchaser Risk Act; Short Title.

565.703 Uniform vendor and purchaser risk act; short title.
Sec. 3.
This may be cited as the uniform vendor and purchaser risk act.
History:
1941, Act 53, Eff. Jan. 10, 1942 ;-- CL 1948, 565.703
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Repealed - Act 286 of 1972 - Land Sales Act (565.801 - 565.835)

LAND SALES ACT
Act 286 of 1972
565.801-565.835 Repealed. 1973, Act 184, Imd. Eff. Jan. 3, 1974;--2010, Act 49, Imd. Eff. Apr. 22, 2010.
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 123 of 2010 - Uniform Real Property Electronic Recording Act (565.841 - 565.847) › Section 565.841 - Short Title.

565.841 Short title.
Sec. 1.
This act shall be known and may be cited as the "uniform real property electronic recording act".
History:
2010, Act 123, Imd. Eff. July 19, 2010
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 123 of 2010 - Uniform Real Property Electronic Recording Act (565.841 - 565.847) › Section 565.842 - Definitions.

565.842 Definitions.
Sec. 2.
As used in this act:
(a) "Commission" means the electronic recording commission created in section 5.
(b) "Document" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form, and that is eligible to be recorded in the land records maintained by the county register of deeds.
(c) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(d) "Electronic document" means a document that is received by the county register of deeds in an electronic form.
(e) "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document.
(f) "Paper document" means a document that is received by the county register of deeds in a form that is not electronic.
(g) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
History:
2010, Act 123, Imd. Eff. July 19, 2010
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 123 of 2010 - Uniform Real Property Electronic Recording Act (565.841 - 565.847) › Section 565.843 - Electronic Document or Signature; Satisfaction of Recording Requirement; Acceptance by Register of Deeds Not Required.

565.843 Electronic document or signature; satisfaction of recording requirement; acceptance by register of deeds not required.
Sec. 3.
(1) If a law requires as a condition for recording that a document be an original, be on paper or another tangible medium, or be in writing, the requirement is satisfied by an electronic document.
(2) If a law requires as a condition for recording that a document be signed, the requirement is satisfied by an electronic signature.
(3) A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature.
(4) Except as provided in section 5a, this section does not require that a register of deeds accept electronic documents for recording.
History:
2010, Act 123, Imd. Eff. July 19, 2010 ;-- Am. 2020, Act 248, Imd. Eff. Nov. 5, 2020
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 123 of 2010 - Uniform Real Property Electronic Recording Act (565.841 - 565.847) › Section 565.844 - Establishment of Standards by Electronic Recording Commission; Powers of County Register of Deeds; Acceptance of Paper Documents; Placement of Entries in Index; Verified Transactional Relationship; Electronic Documents Recorded Before Establishment of Standards.

565.844 Establishment of standards by electronic recording commission; powers of county register of deeds; acceptance of paper documents; placement of entries in index; verified transactional relationship; electronic documents recorded before establishment of standards.
Sec. 4.
(1) Except as provided in section 5a, a county register of deeds who implements any of the functions listed in subsection (2) shall do so in compliance with any standards established by the electronic recording commission.
(2) A county register of deeds may do any of the following:
(a) Receive, index, store, archive, and transmit electronic documents.
(b) Provide for access to, and for search and retrieval of, documents and information by electronic means.
(c) Convert paper documents accepted for recording into electronic form.
(d) Convert into electronic form information recorded before the county register of deeds began to record electronic documents.
(e) Accept electronically any fee or tax that the county register of deeds is authorized to collect.
(f) Agree with other officials of a state or a political subdivision of a state, or of the United States, on procedures or processes to facilitate the electronic satisfaction of prior approvals and conditions precedent to recording and the electronic payment of fees or taxes.
(3) A county register of deeds who accepts electronic documents for recording shall continue to accept paper documents for recording as authorized by state law. The county register of deeds shall place entries for both types of documents in the same index.
(4) Except as provided in section 5a, a county register of deeds shall only accept electronic documents for recording from a person with which the county register of deeds has entered into an agreement establishing a verified transactional relationship.
(5) This act does not invalidate electronic documents recorded under this act, the uniform electronic transactions act, 2000 PA 305, MCL 450.831 to 450.849, or the federal electronic signatures in global and national commerce act, 15 USC 7001 to 7031, before the establishment of standards under this act by the electronic recording commission.
History:
2010, Act 123, Imd. Eff. July 19, 2010 ;-- Am. 2018, Act 364, Eff. Mar. 12, 2019 ;-- Am. 2020, Act 248, Imd. Eff. Nov. 5, 2020
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 123 of 2010 - Uniform Real Property Electronic Recording Act (565.841 - 565.847) › Section 565.845a - Acceptance of Electronic Documents for Recording; Applicability of Section.

565.845a Acceptance of electronic documents for recording; applicability of section.
Sec. 5a.
(1) During the time that this section applies, a register of deeds shall accept electronic documents for recording. If a register of deeds does not have the equipment to accept an electronic document, the register of deeds shall accept for recording a tangible copy of an electronic document properly notarized under the Michigan law on notarial acts, 2003 PA 238, MCL 55.261 to 55.315.
(2) During the time that this section applies, a register of deeds need only act in substantial compliance with this act and any standards established by the electronic recording commission.
(3) During the time that this section applies, a register of deeds shall deem all financial institutions and all title insurance companies or their employed or contracted settlement agents as covered by an agreement establishing a verified transactional relationship for purposes of section 4(4). The register of deeds may ask the financial institution or title insurance company for verification of a notary's employment or contractual association.
(4) A financial institution shall accept a document or electronic document recorded by a register of deeds under this section.
(5) This section applies after April 29, 2020 and before July 1, 2021.
History:
Add. 2020, Act 248, Imd. Eff. Nov. 5, 2020 ;-- Am. 2020, Act 337, Imd. Eff. Dec. 29, 2020
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 123 of 2010 - Uniform Real Property Electronic Recording Act (565.841 - 565.847) › Section 565.846 - Application and Construction of Act.

565.846 Application and construction of act.
Sec. 6.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History:
2010, Act 123, Imd. Eff. July 19, 2010
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 123 of 2010 - Uniform Real Property Electronic Recording Act (565.841 - 565.847) › Section 565.847 - Federal Electronic Signatures; Limitation of Act.

565.847 Federal electronic signatures; limitation of act.
Sec. 7.
This act modifies, limits, and supersedes the federal electronic signatures in global and national commerce act, 15 USC 7001, et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 USC 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 USC 7003(b).
History:
2010, Act 123, Imd. Eff. July 19, 2010
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 234 of 2022 - Discharge of Prohibited Restrictive Covenants Act (565.861 - 565.872) › Section 565.861 - Short Title.

565.861 Short title.
Sec. 1.
This act may be cited as the "discharge of prohibited restrictive covenants act".
History:
2022, Act 234, Imd. Eff. Dec. 13, 2022
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 234 of 2022 - Discharge of Prohibited Restrictive Covenants Act (565.861 - 565.872) › Section 565.862 - Definitions.

565.862 Definitions.
Sec. 2.
As used in this act:
(a) "Discharge form" means the discharge of a prohibited restriction form described in section 5.
(b) "Person" means an individual or a partnership, corporation, limited liability company, association, governmental entity, or other legal entity.
(c) "Prohibited restriction" means a restriction, covenant, or condition, including a right of entry or possibility of reverter, that purports to restrict occupancy or ownership of property on the basis of race, color, religion, sex, familial status, national origin, or other class protected by the fair housing act, title VIII of the civil rights act of 1968, Public Law 90-284, in a deed or other instrument.
History:
2022, Act 234, Imd. Eff. Dec. 13, 2022
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 234 of 2022 - Discharge of Prohibited Restrictive Covenants Act (565.861 - 565.872) › Section 565.863 - Recording a Deed With Prohibited Restrictions; Prohibition.

565.863 Recording a deed with prohibited restrictions; prohibition.
Sec. 3.
A person shall not record in the records of the register of deeds a deed or other instrument that contains a prohibited restriction.
History:
2022, Act 234, Imd. Eff. Dec. 13, 2022
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 234 of 2022 - Discharge of Prohibited Restrictive Covenants Act (565.861 - 565.872) › Section 565.864 - Prohibited Restrictions as Void; Unenforceable.

565.864 Prohibited restrictions as void; unenforceable.
Sec. 4.
(1) A prohibited restriction is void and has no legal effect.
(2) A court or other person shall not enforce a prohibited restriction.
History:
2022, Act 234, Imd. Eff. Dec. 13, 2022
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 234 of 2022 - Discharge of Prohibited Restrictive Covenants Act (565.861 - 565.872) › Section 565.865 - Discharge of Prohibited Restrictions; Form.

565.865 Discharge of prohibited restrictions; form.
Sec. 5.
A discharge of prohibited restriction form may be recorded with the register of deeds for the county where the property is located. A discharge form recorded under this section must substantially conform to the following form:
"DISCHARGE OF PROHIBITED RESTRICTION
The document recorded at Liber ____ Page ____ or Instrument number ___ contains language that violates the discharge of prohibited restrictive covenants act.
This document removes and abolishes from the original document any restriction, covenant, or condition, including a right of entry or possibility of reverter, that purports to restrict occupancy or ownership of property on the basis of race, color, religion, sex, familial status, national origin, or other class protected by the fair housing act, title VIII of the civil rights act of 1968, Public Law 90-284, and the discharge of prohibited restrictive covenants act.
[___] If this box is checked, a transcription or copy of the original document with language redacted or removed must be attached to this form.
The undersigned is/are the legal owner(s) of the property described in the document referenced above or an officer of the homeowners' or property owners' association, or the association of co-owners of the condominium, for the property described in the document referenced above.
Property description: _______________________________
_______________________
(Signature)
_______________________
(Typed or printed name)
STATE OF MICHIGAN
____________ COUNTY
Acknowledged before me in _________ County, Michigan, (or) before me using an electronic notarization system under MCL 55.286a in ___________ County, Michigan, (or) before me using a remote electronic notarization platform under MCL 55.286b on (date), by (name of person acknowledged).
____________________
(Notary's signature)
____________________
(Notary public's name, typed, as it appears on application for commission)
Notary public, State of Michigan, County of ________________.
My commission expires ____________.
(Or, if acting in county other than county of commission) Acting in the County of ________________.
Prepared by: _________ (Name and address of preparer).".
History:
2022, Act 234, Imd. Eff. Dec. 13, 2022
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 234 of 2022 - Discharge of Prohibited Restrictive Covenants Act (565.861 - 565.872) › Section 565.866 - Homeowners' or Property Owners' Association; Authority to Discharge a Prohibited Restriction; Requirements; Execution; Recording With Register of Deeds.

565.866 Homeowners' or property owners' association; authority to discharge a prohibited restriction; requirements; execution; recording with register of deeds.
Sec. 6.
(1) A homeowners' or property owners' association, acting through a simple majority vote of its board, may record a discharge form to remove any prohibited restriction in a deed or other instrument that affects a property governed by the homeowners' or property owners' association.
(2) If the board of a homeowners' or property owners' association receives a written request by a member of the association that the board exercise its authority under subsection (1), the board shall determine within a reasonable time whether a prohibited restriction is present in a deed or other instrument. If the board determines that a prohibited restriction is present in a deed or other instrument, the board shall record a discharge form, as provided under this subsection and subsections (1), (3), (4), and (9).
(3) Board action under subsection (1) or (2) does not require the vote or approval of the property owners.
(4) A discharge form prepared under subsection (1) or (2) may be executed by any officer authorized by the board.
(5) The board of directors of an association of co-owners of a condominium, acting through a simple majority vote of the board, may record a discharge form to remove any prohibited restriction in a deed or other instrument that affects a property governed by the board.
(6) If the board of directors of an association of co-owners of a condominium receives a written request by a co-owner that the board exercise its authority under subsection (5), the board shall determine within a reasonable time whether a prohibited restriction is present in a deed or other instrument. If the board determines that a prohibited restriction is present in a deed or other instrument, the board shall record a discharge form, as provided under this subsection and subsections (5), (7), (8), and (9).
(7) Notwithstanding sections 90 and 90a of the condominium act, 1978 PA 59, MCL 559.190 and 559.190a, board action under subsection (5) or (6) does not require the vote or approval of the condominium co-owners or mortgagees.
(8) A discharge form prepared under subsection (5) or (6) may be executed by any officer authorized by the board.
(9) A discharge form prepared under this section must be recorded with the register of deeds for the county where the property is located.
History:
2022, Act 234, Imd. Eff. Dec. 13, 2022
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 234 of 2022 - Discharge of Prohibited Restrictive Covenants Act (565.861 - 565.872) › Section 565.867 - Property Owner; Authority to Discharge a Prohibited Restriction.

565.867 Property owner; authority to discharge a prohibited restriction.
Sec. 7.
(1) A property owner may record in the records of the register of deeds for the county where the property is located a discharge form to remove any prohibited restriction.
(2) A discharge form recorded under this section may be executed solely by the property owner.
History:
2022, Act 234, Imd. Eff. Dec. 13, 2022
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 234 of 2022 - Discharge of Prohibited Restrictive Covenants Act (565.861 - 565.872) › Section 565.868 - Standing to File Action for Discharge of Prohibited Restriction.

565.868 Standing to file action for discharge of prohibited restriction.
Sec. 8.
(1) If a recorded deed or other recorded instrument contains a provision that is prohibited under this act, the owner, occupant, or tenant of the property that is subject to the provision or any member of the board of a homeowners' or property owners' association or of the board of directors of an association of co-owners of a condominium that would have a right to enforce the provision may bring an action in the circuit court in the county in which the property is located to have a discharge form recorded with the register of deeds.
(2) An action under this section must be brought as an in rem, declaratory judgment action and the title of the action must be the description of the property. The owners, occupants, and tenants of the property or any part of the property are necessary parties to the action.
(3) In an action under this section, if the court finds that any provisions of the deed or instrument are prohibited under this act, it shall enter an order requiring a discharge form to be recorded with the register of deeds in accordance with this act.
History:
2022, Act 234, Imd. Eff. Dec. 13, 2022
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 234 of 2022 - Discharge of Prohibited Restrictive Covenants Act (565.861 - 565.872) › Section 565.869 - Recording of Discharge Form; Fees.

565.869 Recording of discharge form; fees.
Sec. 9.
As provided in section 2567 of the revised judicature act of 1961, 1961 PA 236, MCL 600.2567, a register of deeds is entitled to the fees under that section for recording a discharge form prepared and recorded under this act.
History:
2022, Act 234, Imd. Eff. Dec. 13, 2022
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 234 of 2022 - Discharge of Prohibited Restrictive Covenants Act (565.861 - 565.872) › Section 565.870 - Refusal to Remove Prohibited Restrictions; Liability; Costs and Attorney Fees.

565.870 Refusal to remove prohibited restrictions; liability; costs and attorney fees.
Sec. 10.
(1) A person that refuses, before recording, to remove from a deed or other instrument a prohibited restriction is liable for all actual court costs and reasonable attorney fees incurred in an action before a court of competent jurisdiction to enforce the provisions of this act.
(2) Subsection (1) does not apply to a register of deeds or an employee of a register of deeds.
History:
2022, Act 234, Imd. Eff. Dec. 13, 2022
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 234 of 2022 - Discharge of Prohibited Restrictive Covenants Act (565.861 - 565.872) › Section 565.871 - Duties Not Created by Act; Liability.

565.871 Duties not created by act; liability.
Sec. 11.
(1) Except as otherwise provided in section 6(2) and (6), this act does not create a duty on the part of an owner, occupant, tenant, association, board, or member or officer of a board to do any of the following as authorized under this act:
(a) Record a discharge form.
(b) Bring an action under this act.
(2) An owner, occupant, tenant, association, board, or member or officer of a board is not liable for failing to do any of the following as authorized under this act:
(a) Record a discharge form.
(b) Bring an action in court under this act.
(3) This act does not limit any right or remedy under the Elliott-Larsen civil rights act, 1976 PA 453, MCL 37.2101 to 37.2804, or any other law of this state.
History:
2022, Act 234, Imd. Eff. Dec. 13, 2022
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 234 of 2022 - Discharge of Prohibited Restrictive Covenants Act (565.861 - 565.872) › Section 565.872 - Effect of Act.

565.872 Effect of act.
Sec. 12.
This act does not do either of the following:
(a) Impose a duty on a register of deeds or employee of a register of deeds to inspect a deed or other instrument to determine whether recording the deed or instrument would violate this act.
(b) Create a duty, a responsibility, a requirement, or an obligation on the part of a title insurance company or title insurance agency, or the officers, directors, shareholders, employees, or contractors of a title insurance company or title insurance agency, to inspect a deed or other instrument to determine whether recording the deed or instrument would violate this act. A title insurance company or title insurance agency, or the officers, directors, shareholders, employees, or contractors of the title insurance company or title insurance agency, are expressly excluded from any liability or cause of action that may be brought by any person under this act.
History:
2022, Act 234, Imd. Eff. Dec. 13, 2022
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 34 of 2011 - Transfer Fee Covenants Attaching to Nonresidential Real Property (565.881 - 565.884) › Section 565.882 - Transfer Fee Covenant; Effect.

565.882 Transfer fee covenant; effect.
Sec. 2.
A transfer fee covenant that is executed on or after the effective date of this section, whether or not recorded, does not run with the title to real property and is not binding on or enforceable against any subsequent owner, purchaser, or mortgagee of any interest in the real property as an equitable servitude or otherwise.
History:
2011, Act 34, Imd. Eff. May 24, 2011
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 34 of 2011 - Transfer Fee Covenants Attaching to Nonresidential Real Property (565.881 - 565.884) › Section 565.883 - Lien as Void.

565.883 Lien as void.
Sec. 3.
Any lien purporting to secure the payment of a transfer fee under a transfer fee covenant that is executed on or after the effective date of this section is void.
History:
2011, Act 34, Imd. Eff. May 24, 2011