SB-0332, As Passed Senate, March 17, 2010

 

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 332

 

 

 

 

 

 

 

 

 

 

 

     A bill 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 described in

 

this section:

 

     (a) The affidavit shall be made by a person having knowledge

 

of the relevant facts or by a person competent to testify

 

concerning those facts in open court and shall meet the

 

requirements of sections 1b and 1c.

 

     (b) The affidavit is not necessary if a new document

 

indicating corrective changes and making reference to the errant

 

recording by liber and page number or other unique identifying

 

number is recorded.

 

     (c) The affidavit shall 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 this section.