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Recording Requirements
General Requirements MCL 565
- Signatures must be original and names must be typed, stamped or printed beneath all written signatures. MCLA 565.201(1)(a)
- 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 notary acknowledgment or jurat. MCLA 565.201(1)(b)
- The addresses, including street number (or P.O. Box if street number not in common use) 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 (1)(d)
- The name and address of the person who drafted the document must appear on the documents executed in Michigan. MCLA 565.201 (1)(a). Corporation, Partnership, Trust, Association MCLA 55.265(g).
- Documents purporting to convey or encumber real estate executed in the State of Michigan require an acknowledgement by a judge, clerk of a court of record or a notary public within this state. MCLA 565.8, 565.47, 565.265, 565.267
- 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
- Court orders must be certified and sealed by the clerk of the court. MCLA 565.401, 565.411
- The document submitted for recording must be legible. MCLA 565.201 (1)(f)(iv)
- Documents must have a 2.5-inch top margin on the first page and at least a 0.5-inch margin on all remaining sides of each page. MCLA 565.201 (1)(f)(i). Certain exemptions include certified documents, surveys and land corners.
- Documents must display on the first line of print on the first page, a single statement identifying the recordable event that the instrument evidences. MCLA 565.201 Sec. 1 (f)(ii); 565.201 Sec. 3.
- Instruments shall not purport to evidence more than 1 recordable event. MCLA 565.201(3).
- The type on the form must be printed in black ink; type size at least 10 point. MCLA 565.201 (1)(f)(iii)(iv)
- The paper on which the document is printed must be white and not less than 20-pound weight. MCLA 565.201 (1)(f)(iv)
- The size of the document and any attachment must be at least 8.5 by 11 inches and no larger than 8.5 by 14 inches. MCLA 565.201 (1)(v)(vi)
- Unless required by state or federal law or court order, no more than 4 sequential digits of any social security number may appear on the instrument. MCLA 565.201 (1)(g)
- When a subdivision plat has been recorded, the lots in the plat shall be described by the caption of the plat and the lot number for all purposes. MCLA 560.255.
Special Notes
- Blanket assignments are accepted. Blanket releases are accepted.
- Assignment and Discharge Fees: For any document which assigns or discharges more than one instrument: $3 shall be added to the recording fee for each additional instrument so assigned or discharged.
- In a deed the grantor = seller and grantee = buyer.
- Legal descriptions on deeds should be taken from a previous deed or primary source (such as a new survey). Do not use an abbreviated legal description from a tax or assessment statement unless it has been verified for completeness and accuracy first.
- Please provide SASE return envelopes for return of your original paper documents. This is very much appreciated as it helps in expediting the return of all recorded instruments to all of our customers.
- 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. These defective instruments will be rejected and returned for correction.
- Additional and/or separate requirements may apply to certain types of documents (e.g., surveys, plats, etc.)
- Forms: Our office does not supply legal forms. Commonly requested forms such as Quit Claim Deeds are available through office supply stores, on-line, or possibly through a local title company.
- Drafting: Our office staff cannot draft private legal documents or give legal advice. We can assist you with understanding and meeting the recording requirements. In addition, we will gladly review a draft document for compliance with recording requirements prior to submission.
For More Information
If you have any questions regarding requirements please contact the office at 989-224-5270 or by email.-
Debra A. Sutherland
County Clerk / Register of Deeds
-
Register of Deeds
Physical Address
100 E State Street
Suite 2500
St. Johns, MI 48879
Phone: 989-224-5270
Hours
Public counter business
Monday - Friday
8-noon & 1-4:30
(Closed noon-1 p.m.)
Office Hours/Phone 8-noon & 1-5
Passport Processing Hours
Monday - Friday
by Appointment8:30 a.m -11a.m / 1:30p.m - 4 p.m.