Bill Text: MI HB4928 | 2011-2012 | 96th Legislature | Chaptered

Michigan House Bill 4928 (Prior Session Legislation)

Bill Title: Property; other; affidavits to correct errors or omissions relating to previously recorded documents; allow. Amends 1915 PA 123 (MCL 565.451a - 565.453) by adding sec. 1d.

Spectrum: Partisan Bill (Republican 8-0)

Status: (Passed) 2012-10-17 - Assigned Pa 336'12 With Immediate Effect [HB4928 Detail]

Download: Michigan-2011-HB4928-Chaptered.html

Act No. 336

Public Acts of 2012

Approved by the Governor

October 16, 2012

Filed with the Secretary of State

October 16, 2012

EFFECTIVE DATE: October 16, 2012

STATE OF MICHIGAN

96TH LEGISLATURE

REGULAR SESSION OF 2012

Introduced by Reps. Cotter, Bumstead, Pettalia, Genetski, Kowall, MacGregor, Denby and Opsommer

ENROLLED HOUSE BILL No. 4928

AN ACT to amend 1915 PA 123, entitled “An act to provide for the recording and use in evidence of affidavits affecting real property; and to provide a penalty for the making of false affidavits,” (MCL 565.451a to 565.453) by adding section 1d.

The People of the State of Michigan enact:

Sec. 1d. (1) An affidavit to correct the following types of errors or omissions in previously recorded documents may be recorded in the office of register of deeds for the county where the real property that is the subject of the affidavit is located:

(a) Errors and omissions relating to the proper place of recording.

(b) Scrivener’s errors and scrivener’s omissions.

(2) All of the following apply to an affidavit under subsection (1):

(a) The affidavit shall be made by a person who has knowledge of the relevant facts and is competent to testify concerning those facts in open court and shall meet the requirements of section 1c.

(b) The affidavit does not alter the substantive rights of any party unless it is executed by that party.

(3) The county register of deeds shall index all names recited within an affidavit recorded under subsection (1).

(4) Subsection (1) does not prohibit the recording of a corrected version of the previously recorded document indicating the corrective changes and making reference to the previously recorded document by liber and page number or by another unique identifying number.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor