Bill Text: MI HB6433 | 2025-2026 | 103rd Legislature | Introduced
Bill Title: Property: recording; process for expedited quiet title; provide for. Amends sec. 2529 of 1961 PA 236 (MCL 600.2529) & adds secs. 2932a, 2932b, 2932c & 2932d.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Introduced) 2026-10-28 - Bill Electronically Reproduced 10/21/2026 [HB6433 Detail]
Download: Michigan-2025-HB6433-Introduced.html
HOUSE BILL NO. 6433
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 2529 (MCL 600.2529), as amended by 2023 PA 35, and by adding sections 2932a, 2932b, 2932c, and 2932d.
the people of the state of michigan enact:
Sec. 2529. (1) In the circuit court, the following fees must be paid to the clerk of the court:
(a) Before filing a civil action, including an action for superintending control or another extraordinary writ, the party filing the action shall pay a fee of $150.00. This subdivision does not apply to an action brought exclusively under section 2950, 2950a, or 2950h to 2950m, an action under the extreme risk protection order act, or 2023 PA 38, MCL 691.1801 to 691.1821, an action for a writ of habeas corpus, or an action under section 2932b. The clerk at the end of each month shall transmit for each fee collected under this subdivision within the month $31.00 to the county treasurer and the balance of the filing fee to the state treasurer for deposit in the civil filing fee fund created in section 171.
(b) Before filing a claim of appeal or motion for leave to appeal from the district court, probate court, a municipal court, or an administrative tribunal or agency, the appellant or moving party shall pay a fee of $150.00. For each fee collected under this subdivision, the clerk shall transmit $31.00 to the county treasurer and the balance of the fee to the state treasurer for deposit in the civil filing fee fund created in section 171.
(c) At the time a trial by jury is demanded, the party making the demand shall pay a fee of $85.00. Failure to pay the fee at the time the demand is made constitutes a waiver of the right to a jury trial. The fee paid must be taxed in favor of the party paying it if the party recovers a judgment for costs. For each fee collected under this subdivision, the clerk shall transmit $25.00 to the state treasurer for deposit in the juror compensation reimbursement fund created in section 151d.
(d) At the time an action in which the custody, support, or parenting time of a minor child is to be determined or modified is filed, the party filing the action shall pay 1 of the following fees:
(i) In an action in which the custody or parenting time of a minor child is to be determined or modified, $80.00.
(ii) In an action in which the support of a minor child is to be determined or modified, $40.00. This fee does not apply if a fee is paid under subparagraph (i).
(e) Except as otherwise provided in this section, on upon filing a motion, the moving party shall pay a fee of $20.00. In conjunction with an action brought under section 2950 or 2950a, the clerk shall not collect a motion fee for a motion to dismiss the petition, a motion to modify, rescind, or terminate a personal protection order, or a motion to show cause for a violation of a personal protection order. The clerk shall not collect a motion fee for a motion to dismiss a proceeding to enforce a foreign protection order or a motion to show cause for a violation of a foreign protection order under sections 2950h to 2950m. The clerk shall not collect a motion fee for a request for a hearing to contest income withholding under section 7 of the support and parenting time enforcement act, 1982 PA 295, MCL 552.607. For each fee collected under this subdivision, the clerk shall transmit $10.00 to the state treasurer for deposit in the state court fund created by section 151a.
(f) For services under the direction of the court that are not specifically provided for in this section related to receiving, safekeeping, or expending money, purchasing, taking, or transferring a security, or collecting interest on a security, a party shall pay the allowance and compensation that the court determines to be just as ordered by the court after notice to the parties.
(g) Upon appeal to the court of appeals or the supreme court, the appellant shall pay $25.00.
(h) The applicant or requesting party shall pay $15.00 as a service fee for each writ of garnishment, attachment, or execution and each judgment debtor discovery subpoena issued.
(2) The fees paid as provided in this section are payment in full for all clerk, entry, and judgment fees in an action from the commencement of the action to and including the issuance and return of the execution or other final process, and are taxable as costs.
(3) Except as otherwise provided in this section, the fees paid under this section must be paid to the county treasurer as required by law.
(4) At the end of each month, each fee collected under subsection (1)(d)(i) must be paid to the county treasurer and deposited by the county treasurer as provided under section 2530 to be used to fund services that are not title IV-D services. The fee collected under subsection (1)(d)(ii) must be paid to the county treasurer and deposited by the county treasurer as provided under section 2530.
(5) The court shall order any of the fees prescribed in this section waived or suspended, in whole or in part, upon a showing by affidavit of indigency or inability to pay.
(6) If the person filing an action described in subsection (1)(d) is a public officer acting in his or her the public officer's official capacity, if the final judgment or order is submitted with the initial filing as a consent judgment or order, or if other good cause is shown, the court shall order the fee under subsection (1)(d) waived or suspended. If a fee is waived or suspended and the action is contested, the court may require that 1 or more of the parties to the action pay the fee under subsection (1)(d).
(7) The court may order a party to pay the other party all or part of a fee paid by the other party under subsection (1)(d).
(8) A party is not required to pay a fee under this section if the party is filing a child protective action or a delinquency action under section 2 of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2, or under the young adult voluntary foster care act, 2011 PA 225, MCL 400.641 to 400.671.
Sec. 2932a. (1) An owner of real property may record both of the following with the register of deeds for the county in which a document or instrument purporting to convey title to or an interest in the real property was recorded:
(a) An affidavit that substantially complies with subsection (5).
(b) A certificate of mailing that substantially complies with subsection (6).
(2) A property owner that files an affidavit under subsection (1) shall send a copy of the filed affidavit and a letter notifying the grantor and grantee of the purported conveyance that the affidavit has been filed. A copy and letter under this subsection must be sent by registered or certified mail, return receipt requested, to the grantor and grantee at their last known addresses.
(3) If an affidavit and certificate of mailing are filed and recorded under subsection (1) and a controverting affidavit is not filed for recording within the time provided by subsection (4), the property owner that filed the affidavit may file a petition with the circuit court under section 2932b.
(4) Not later than 35 days after a certificate of mailing is filed under subsection (1), the grantor or grantee of the purported conveyance may record with the register of deeds for the county in which the real property is located a controverting affidavit that asserts both of the following:
(a) Either of the following:
(i) The affidavit or certificate of mailing recorded by the property owner under subsection (1) is untrue.
(ii) The conveyance is valid for another reason.
(b) The reason the affiant believes that the document or instrument purporting to convey title is valid.
(5) An affidavit filed under subsection (1) must contain all of the following information:
(a) The name and address of the affiant.
(b) A statement that the affiant owns real property that is the subject of the document or instrument purporting to convey title and a legal description of the real property with the address, tax identification number, and liber and page or other county-assigned unique identifying number.
(c) A statement that explains the reason the affiant believes that the document or instrument purporting to convey title is fraudulent.
(d) A statement that the purpose of the affidavit is to obtain a circuit court's findings of fact and conclusions of law under section 2932b that the document or instrument that is the subject of the affidavit does not convey title to or an interest in the property described under subdivision (b).
(e) A statement that the affiant has not conveyed title to or an interest in the property described under subdivision (b) to any grantee or, if the affiant has conveyed title or an interest in the property, a list of any interests granted.
(6) A certificate of mailing filed under subsection (1) must be notarized and contain all of the following:
(a) The name and address of the affiant.
(b) A statement that the affiant filed an owner's affidavit that complied with subsection (5) on a stated date to be recorded with the register of deeds for the stated county.
(c) A statement that on a stated date the affiant sent to the grantor and grantee of the purported conveyance described in the owner's affidavit a copy of the owner's affidavit and a letter to notify the grantor and grantee of the affiant's ownership claim and that the affidavit had been filed as described in subdivision (b).
(d) A statement that the affiant sent the owner's affidavit and letter described in subdivision (c) to the grantor and grantee at their last known addresses by registered or certified mail, return receipt requested.
(e) As attachments to the certificate, both of the following:
(i) An exact copy of the letter described in subdivision (c).
(ii) Proof that the letter was mailed as described in subdivision (d).
(7) The state court administrative office, under the direction of the supreme court, shall prepare and make available forms for the owner's affidavit, certificate of mailing, and letter to the grantor and grantee to be used to comply with subsections (5) and (6).
Sec. 2932b. (1) Subject to section 2932a(3), an owner of real property that has reason to believe that a document or instrument that purports to convey title to or an interest in the real property and that was recorded with the register of deeds is fraudulent may file with the circuit court of the county in which the document or instrument is recorded a verified petition to which the petitioner has attached all of the following:
(a) A copy of the document or instrument that purports to convey title to or an interest in the real property that the petitioner asserts is fraudulent.
(b) A copy of the document or instrument by which the petitioner gained title to or an interest in the real property.
(c) Documentary evidence of either of the following:
(i) An individual's conviction of an offense under section 248b or 249b of the Michigan penal code, 1931 PA 328, MCL 750.248b and 750.249b, for conduct regarding the document or instrument.
(ii) The recording of an uncontroverted owner's affidavit and certificate of mailing under section 2932a.
(2) A petition under subsection (1) must contain, at a minimum, all of the following information:
(a) The name of the petitioner.
(b) A legal description of the real property with the address, tax identification number, and liber and page or other county-assigned unique identifying number.
(c) A statement that the petitioner holds title to or an interest in the real property described in the documents or instruments that are attached to the petition.
(d) A statement that the document or instrument attached to the petition that the petitioner asserts is fraudulent purports to have conveyed title to or an interest in the real property, the register of deeds office with which the document or instrument was recorded, the date on which the document or instrument was recorded, and the name of the purported grantee.
(e) A statement that the document or instrument attached to the petition that the petitioner asserts is fraudulent is fraudulent in purporting to convey title to or an interest in real property and both of the following:
(i) A statement that either of the following apply to the document or instrument:
(A) An individual has been convicted of an offense under section 248b or 249b of the Michigan penal code, 1931 PA 328, MCL 750.248b and 750.249b, for conduct regarding the document or instrument.
(B) The document or instrument is the subject of an owner's affidavit and certificate of mailing recorded in accordance with section 2932a and a controverting affidavit was not timely recorded under section 2932a.
(ii) A request that the court find that the document or instrument did not convey title to or an interest in the real property described in the document or instrument for the reason stated under subparagraph (i).
(f) A statement that the petitioner does not request the court to make a finding as to any underlying claim of the parties involved and acknowledges that the petition does not seek to invalidate a legitimate conveyance.
(g) A statement that explains the reason the petitioner believes that the document or instrument that purports to convey title is fraudulent.
(h) A request that the court review the documents or instruments attached to the petition, the documentary evidence attached to the petition, and any relevant public records to determine and enter an order regarding both of the following:
(i) Whether the document or instrument that the petitioner asserts is fraudulent conveys title to or an interest in the real property described in the document or instrument.
(ii) Any other relief that the court determines to be appropriate.
(3) A petition filed under subsection (1) must be verified as required under the Michigan court rules.
(4) The circuit court shall schedule a hearing as soon as possible after the petitioner files a verified petition under subsection (1). The petitioner shall attend the hearing. If the petitioner fails to attend the hearing, the court may adjourn and reschedule the hearing or dismiss the petition.
(5) The petitioner shall serve on the respondent notice of the hearing along with the petition in accordance with the Michigan court rules. One day before the hearing scheduled under subsection (4) is sufficient notice.
(6) If the respondent fails to appear at the hearing on the petition filed under subsection (1) and the court determines by a preponderance of the evidence that the petitioner served the respondent or made diligent attempts to serve the respondent, whether the respondent was served or not, the circuit court may rule on the petition based solely on a review of the documents or instruments attached to the petition, the documentary evidence attached to the petition, and any relevant public records without hearing any testimonial evidence.
(7) After reviewing the documents or instruments attached to a petition filed under subsection (1), reviewing the evidence attached to the petition, reviewing any relevant public records, and hearing testimony at the hearing scheduled under subsection (4), if applicable, the circuit court judge shall make appropriate findings of fact and conclusions of law. The findings of fact and conclusions of law must be recorded in the same records where the documents or instruments attached to the petition were recorded. A copy of the findings of fact and conclusions of law must be sent electronically or by a delivery method allowed under the Michigan court rules to the petitioner and to the respondent at the last known addresses of the petitioner and respondent not later than 7 days after the date that the judge makes the findings of fact and conclusions of law.
(8) Findings of fact and conclusions of law under subsection (7) must contain all of the following:
(a) A statement that the court reviewed the verified petition, the documents or instruments attached to the petition, the other documentary evidence attached to the petition, and any relevant public records.
(b) If applicable, a statement that testimony was not taken from any party and there was not notice of the court's review, and that the court made a determination that the decision could be made solely on review of the documents or instruments, the other documentary evidence, and public records under this section.
(c) A statement that the court finds either of the following:
(i) The document or instrument attached to the petition that the petitioner asserts is fraudulent conveys title to or an interest in real property, is not the subject of a criminal conviction for an offense under section 248b or 249b of the Michigan penal code, 1931 PA 328, MCL 750.248b and 750.249b, for conduct regarding the document or instrument, and is not the subject of an uncontroverted owner's affidavit under section 2932a.
(ii) The document or instrument attached to the petition that the petitioner asserts is fraudulent does not convey title to or an interest in real property and either of the following:
(A) The document or instrument is the subject of a criminal conviction for an offense under section 248b or 249b of the Michigan penal code, 1931 PA 328, MCL 750.248b and 750.249b, with respect to the document or instrument.
(B) The document or instrument is the subject of an uncontroverted owner's affidavit under section 2932a.
(d) A statement that the court makes no findings as to any underlying claims of the parties involved and, if applicable, expressly limits its findings of fact and conclusions of law to the review of documentary evidence.
(e) An order that the register of deeds shall record and index the court's findings of fact and conclusions of law in the same records in which the documents or instruments attached to the petition were recorded.
(f) If it was a factor in the court's determination, any additional information that the court deems necessary.
(9) If the circuit court rules on the petition in accordance with subsection (6) because the respondent did not attend the hearing and not later than 14 days after the respondent receives actual notice of the hearing or order, the respondent may file a motion to set aside the findings of fact and conclusions of law made in accordance with subsection (7). The court shall grant a motion under this subsection if the court finds by a preponderance of the evidence that the respondent did not receive actual notice of the hearing and the respondent did not intentionally or negligently avoid the diligent attempts by the petitioner to serve the respondent.
(10) If either party appeals a decision made under this section, the appellate court shall expedite review of the court's findings.
(11) The state court administrative office, acting under the direction of the supreme court, shall develop forms to be used for petitions under subsections (2) and (3) and for findings of fact and conclusions of law under subsection (8).
(12) The remedy provided by this section is in addition to and does not limit any other remedy available under the laws of this state, including, but not limited to, section 2932 or 2932c.
Sec. 2932c. (1) If an individual has been convicted after a trial or has pled guilty to any crime that affects the title to, encumbrance of, or possession of real property and there is an instrument that has been found to be fraudulent that is material to the encumbrance, transfer, or purchase of the real property, the attorney general, a prosecuting attorney, or a law enforcement agency may file a motion in the circuit court for the county in which the property that is the subject of the instrument is located or the prosecution occurred on behalf of the victim to void the instrument.
(2) Before filing a motion under subsection (1), the attorney general, prosecuting attorney, or law enforcement agency shall attempt to contact both of the following by mail or any other reasonably available means:
(a) The victim of the crime described in subsection (1).
(b) Any person that has an interest in the real property affected by the crime described in subsection (1).
(3) In an action under this section, the court may order that the instrument is void ab initio if the court determines that the order is appropriate under applicable law.
(4) The remedy provided by this section is in addition to and does not limit any other remedy available under the laws of this state, including, but not limited to, section 2932 or 2932b.
Sec. 2932d. A register of deeds, the attorney general, a prosecuting attorney, or a law enforcement agency that acts or does not act under section 2932a, 2932b, or 2932c is not liable for the action or failure to act.
