Michigan Laws 565.221 – Written instruments conveying or mortgaging real estate or interest offered for record before April 6, 2017; statement of marital status; refusal to receive instrument for record; recording affidavit
Current as of: 2023 | Check for updates
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Terms Used In Michigan Laws 565.221
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
(1) All written instruments conveying or mortgaging real estate or any interest in real estate executed and offered for record before April 6, 2017 must state whether any male grantors, mortgagors, or other parties executing the instrument are married or single, and the register of deeds of the county in which the instrument is offered for record shall refuse to receive the instrument for record unless it conforms to this act.
(2) If an instrument has been recorded in the office of a register of deeds without the instrument showing the marital status as required by this section, an affidavit stating the facts, executed in conformity with 1915 PA 123, MCL 565.451a to 565.453, may be recorded in the register’s office. Upon the recording of the affidavit showing the marital status of the male grantor, mortgagor, or party executing, on the date of the instrument, the record of the affidavit and the record of the instrument are effectual for all purposes as a legal record, and the record of the instrument and affidavit or a transcript of them may be given in evidence in all cases, and the instrument must be construed to be as valid and effectual as if it had contained a statement showing the marital status of the male individual or individuals executing it.
(3) If an instrument offered for record before April 6, 2017 has been recorded in the office of a register of deeds without the instrument showing the marital status as required under this section, and 10 years has elapsed since the recording, the record of the instrument or a transcript of it may be given in evidence in all cases and is effectual for all purposes as a legal record and the instrument must be construed to be as valid and effectual as if it had contained a statement showing the marital status of the male individual or individuals executing it.