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SB-839, As Passed Senate, June 3, 2026
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SENATE BILL NO. 839
A bill to amend 1937 PA 103, entitled
"An act to prescribe certain conditions relative to the execution
of instruments entitled to be recorded in the office of the
register of deeds,"
by amending section 1 (MCL 565.201), as amended by 2018 PA 197.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. (1) A register of deeds shall not receive for 1
recording an instrument executed after October 29, 1937 unless the 2
instrument complies with each of the following requirements: 3
(a) The name of each person purporting to execute the 4
instrument is legibly printed, typewritten, or stamped beneath the 5
March 17, 2026, Introduced by Senators KLINEFELT and SHINK and referred to Committee on
Local Government.
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original signature or mark of the person, and the signature or mark 1
is in black or dark blue ink. 2
(b) A discrepancy does not exist between the name of each 3
person as printed, typewritten, or stamped beneath his or her that 4
person's signature and the name as recited in the acknowledgment or 5
jurat on the instrument. 6
(c) The name of any notary public whose signature appears on 7
the instrument is legibly printed, typewritten, or stamped on the 8
instrument and appears on the same page near the signature of the 9
notary public. 10
(d) The address of each of the grantees in each deed of 11
conveyance or assignment of real estate, including the street 12
number address if located within territory where street number 13
addresses are in common use, or, if not, the post office address, 14
is legibly printed, typewritten, or stamped on the instrument. 15
(e) If the instrument is executed before April 1, 1997, each 16
sheet of the instrument is all of the following: 17
(i) Typewritten or printed in type not smaller than 8-point 18
size. 19
(ii) Not more than 8-1/2 by 14 inches. 20
(iii) Legible. 21
(iv) On paper of not less than 13 (17x22—500) pound weight. 22
(f) If the instrument is executed after April 1, 1997, each 23
sheet of the instrument complies with all of the following 24
requirements: 25
(i) Has a margin of unprinted space that is at least 2-1/2 26
inches at the top of the first page and at least 1/2 inch on all 27
remaining sides of each page. 28
(ii) Subject to subsection (3), displays on the first line of 29
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print on the first page of the instrument a single statement 1
identifying the recordable event that the instrument evidences. 2
(iii) Is electronically, mechanically, or hand printed in 10-3
point type or the equivalent of 10-point type. 4
(iv) Is legibly printed in black ink on white paper that is not 5
less than 20-pound weight. 6
(v) Is not less than 8-1/2 inches wide and 11 inches long or 7
more than 8-1/2 inches wide and 14 inches long. 8
(vi) Contains no attachment that is less than 8-1/2 inches wide 9
and 11 inches long or more than 8-1/2 inches wide and 14 inches 10
long. 11
(g) Unless state or federal law, rule, regulation, or court 12
order or rule requires that all or more than 4 sequential digits of 13
the social security number appear in the instrument, beginning on 1 14
of the following dates the first 5 digits of any social security 15
number appearing in or on the instrument are obscured or removed: 16
(i) Except as provided in subparagraph (ii), September 12, 2007. 17
(ii) For an instrument presented to the register of deeds by 18
the department of treasury, April 1, 2008. 19
(h) If the instrument or any part of it is in a language other 20
than English, a written English translation is attached to the 21
instrument. 22
(i) If the instrument is executed after January 1, 1964, the 23
instrument contains the name and business address of the person who 24
drafted the instrument. 25
(2) Subsection (1)(e) and (f) does not apply to instruments 26
executed outside this state or to the filing or recording of a plat 27
or other instrument, the size of which is regulated by law. 28
(3) A register of deeds shall not record an instrument 29
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executed after April 1, 1997, other than an instrument described in 1
subsection (2), if the statement required under subsection 2
(1)(f)(ii) purports to evidence more than 1 recordable event. 3
(4) Any instrument received and recorded by a register of 4
deeds, including any instrument considered duly recorded under 5
subsection (6), is conclusively presumed to comply with this act. 6
The requirements contained in this act are cumulative to the 7
requirements imposed by any other act relating to the recording of 8
instruments. 9
(5) A register of deeds shall not reject an instrument for 10
recording because of the content of the instrument if the 11
instrument complies with the provisions of this act and any other 12
act relating to the recording of instruments. 13
(6) If a mortgage meets all requirements for recording under 14
this act and a copy of the mortgage is affixed to an affidavit that 15
is recordable under section 1a(g) of 1915 PA 123, MCL 565.451a, the 16
register of deeds shall receive the affidavit with the accompanying 17
copy of the mortgage for record, and the mortgage is duly recorded 18
under this act and under section 29 of 1846 RS 65, MCL 565.29, as 19
of the date of recording of the affidavit. To the extent that the 20
mortgage validly creates a lien, the lien is perfected as of the 21
date of recording of the affidavit. The amendments to this section 22
enacted by 2014 PA 347 apply retroactively to all copies of 23
mortgages verified by affidavit regardless of whether they are 24
recorded on, before, or after October 17, 2014, the effective date 25
of 2014 PA 347. However, a register of deeds shall not receive an 26
affidavit and mortgage for record under this subsection after 27
October 16, 2014 if more than 1 mortgage is attached to the 28
affidavit. 29
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(7) Notwithstanding any other provision of the law to the 1
contrary and unless otherwise expressly provided, if an instrument 2
is authorized, required by law, or court ordered to be recorded, 3
the instrument must be recorded in the office of the county 4
register of deeds of the county in which the property, or any part 5
of the property, affected by the instrument is located. 6