General Recording Requirements
- Signatures must be original; names must be typed or printed beneath signatures.
MCLA 565.201 Sec. 1 (a) (c)
- No discrepancy shall exist between names printed in the notary acknowledgment and as printed beneath signatures.
MCLA 565.201 Sec. 1 (a) (b) (c)
- Instruments conveying or mortgaging property shall state the marital status of all male grantors/mortgagors.
MCLA 565.221
- The address of grantees in each deed of conveyance or assignment of real estate shall contain the street number address or post office address.
MCLA 565.201 Sec. 1 (f)
- The name and address of the person who drafted the document must appear on documents executed in Michigan.
MCLA 565.201 (a)
- Documents purporting to convey or encumber real estate executed in Michigan require an acknowledgment by a judge, clerk of a court of record or a notary public within this state.
MCLA 565.8; form: MCLA 565.265;565.267
- A certified copy of the death Certificate or proof of death must be recorded or have been recorded (and preferably referenced by Liber and Page on said document) when “survivor” is indicated on the document.
MCLA 565.48
- Court orders must be certified and sealed by the clerk of the court.
MCLA 565.401, 565.411
- The document must be: Legible, black ink, type size 10 point, white 20lb paper, with a blank margin of 2 1/2″ at top of first page and 1/2″ on all other margins. First page must also have a statement identifying the single recordable event that the instrument evidences. Paper size must be at least 8 1/2″ x 11″ and at most 8 1/2″ x 14″.
MCLA 565.201 Sec. 3, Sec. 1 (f)
- Total value of real property must be stated on the face of the document or a real estate valuation affidavit must be attached.
MCLA 207.504, 207.525
- Transfer tax shall be collected on the total value of the land being transferred unless exempt from either or both acts; the exemption(s) must be stated on the instrument.
MCLA 207.502, 207.511, MCLA 207.526, 207.533
- Certificate of trust existence and authority; contents and format. [M.S.A. 26.745(2)]
The certificate shall be in the form of an affidavit.
A certificate of trust existence and authority shall contain all of the following information:
- (a) The title of the trust.
- (b) The date of the trust agreement and any amendments to the trust agreement.
- (c) The name of the settlor or grantor and the settlor’s or grantor’s address.
- (d) The names and addresses of all of the trustees and successor trustees.
- (e) The legal description of the affected real property.
- (f) Verbatim reproductions of provisions of the trust agreement, and any amendments to the trust agreement, regarding all of the following:
- (i) The powers of the trustee or trustees relating to real property or any interest in real property and restrictions on the powers of the trustee or trustees relating to real property or any interest in real property.
- (ii) The governing law.
- (iii) Amendment of the trust relating to the trust provisions described in subdivision (a) to (f)(ii).
- (g) Certification that the trust agreement remains in full force and effect.
- (h) A list of names and addresses of all persons who, at the time the certificate of trust is executed, are trustees of the trust.
