Recording Requirements

  1. Signatures must be original and names must be typed, stamped or printed beneath all written signatures. MCLA 565.201(a)(e)
  2. No discrepancy in the names shall exist between the printed names of such person, as appears either in the body of the instrument, the signature, the acknowledgment or jurat. MCLA 565.201(b)
  3. Instruments conveying or mortgaging any interest in real estate shall state the marital status of any male grantors. MCLA 565.221
  4. The addresses of all parties must appear on any instrument by which title to any interest therein is conveyed, assigned, encumbered or otherwise disposed of. MCLA 565.201(a)(f)
  5. The name and address of the person who drafted the document must appear on the documents executed in Michigan.
  6. Documents purporting to convey or encumber real estate executed in the State of Michigan before March 4, 2002, must contain two (2) witness signatures and an acknowledgement by a notary public. After March 4, 2002, documents executed in Michigan need only contain an acknowledgment by a notary public. MCLA 565.8
  7. Survivor deed or survivor mortgage shall be accompanied by a certified copy of the death certificate, or shall show by Liber and Page reference that the death certificate has been recorded in the Register of Deeds office. MCLA 565.48
  8. Court orders must be certified and sealed by the clerk of the court to be eligible for recording, unless otherwise ordered by the court. MCLA 565.401, 565.411
  9. Documents executed in the State of Michigan after April 1, 1997, must have a 2 1/2 inch top margin and all other margins are 1/2 inch. Exemptions to this include certified documents, surveys and land corners.
  10. THE DEFINITION OF A PAGE: One side of a single sheet of paper not larger than 8.5″ x 14″ with print not smaller than 10 point type, which shall be legible and on paper of not less than 20 (17 x 22-500) pound weight. MCLA 565.201(g)

Recording Requirements for Specific Document Types
(In addition to the Standard Recording Requirements)

Court Action Deeds

  1. Date of document
  2. Legal description

Government Land Patents

  1. Original land patent or certified copy of original land patent from the U.S. Government (MCLA 565.301).

Master Deeds

  1. Date of document
  2. Legal description
  3. Master Deeds full size plans

Quit Claim Deeds

  1. Date of document
  2. Legal description

Sheriff’s Deeds

  1. Date of document
  2. Legal description
  3. Amount property sold for at auction
  4. Statement of the Auctioneer – (Deputy Sheriff) signed and notarized (MCLA 565.8)
  5. Soldiers and Sailors Affidavit (If Applicable) Non-Military Affidavit signed and notarized (MCLA 565.8)
  6. Publication notice (Affidavit of Publisher) signed and notarized with newspaper clipping (MCLA 565.8)
  7. Affidavit of posting signed and notarized (MCLA 565.8)
  8. Redemption period statement signed and notarized by Deputy Sheriff (MCLA 565.8)
  9. Affidavit of Redemption

State Treasurer Deeds

  1. Date of document
  2. Legal description

Tax Deeds

  1. Date of document
  2. Legal description

Trust Action Deeds

  1. Date of document
  2. Legal description

Warranty Deeds

  1. Date of document
  2. Legal description
  3. Tax Certificate (MCLA 211.135) $5.00

Assumptions

  1. Other party (mortgage holder) and address
  2. Cross reference to original document being assumed (original Liber & Page)

Discharges

  1. Cross reference to original document being assumed (original Liber & Page)

Land Contract Given as Security

  1. Legal description

Discharge by Affidavit

  1. Cross reference to original document being assumed (original Liber & Page)
  2. Legal description

Mortgages

  1. Legal description

Subordination

  1. Legal description
  2. Needs 1-2 Cross Reference (Libers & Pages)
  3. Other party and address

Partial Release/Partial Discharge

  1. Cross reference to original document being assumed (original Liber & Page)
  2. Legal description

NOTES:

  • Blanket assignments are accepted. Blanket releases are accepted.
  • Self-addressed return envelopes are required.
  • Documents that do not meet the requirements, including documents with more than one title, will be rejected.
  • Common document errors include incorrect fee, missing individual drafter name, names not typed beneath signatures, marital status of male grantor/ mortgagor not disclosed, and notarial certificate incomplete.

 

Emmet County, Michigan
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