Michigan Compiled Laws R-s-1846-565-1-65 Chapter 65 Chapter 65. Of Alienation By Deed, And The Proof And Recording Of Conveyances, And The Canceling Of Mortgages. (565.1...565.49)

• Section 565.1 Conveyance Of Land Made By Deed.
  Conveyances of lands, or of any estate or interest therein, may be made by deed, signed and sealed by the person from whom the...
• Section 565.3 Quit Claim Deed; Estate Passed.
  A deed of quit claim and release, of the form in common use, shall be sufficient to pass all the estate which the grantor...
• Section 565.4 Conveyance Of Greater Estate Than Possessed; Effect.
  A conveyance made by a tenant for life or years, purporting to grant a greater estate than he possessed or could lawfully convey, shall...
• Section 565.5 Covenants; Implication In Conveyance.
  No covenant shall be implied in any conveyance of real estate, except oil and gas leases, whether such conveyance contain special covenants or not....
• Section 565.6 Covenants; Implication In Mortgage.
  No mortgage shall be construed as implying a covenant for the payment of the sum thereby intended to be secured; and where there shall...
• Section 565.7 Conveyance Of Land Adversely Possessed; Validity.
  No grant or conveyance of lands or interest therein, shall be void for the reason that, at the time of the execution thereof such...
• Section 565.8 Deeds; Execution; Witnesses; Acknowledgment; Endorsement; Validity And Legality Of Certain Acknowledgments And Recordations Of Deeds; Recorded Deed Lacking 1 Or More Witnesses.
  Deeds executed within this state of lands, or any interest in lands, shall be acknowledged before any judge, clerk of a court of record,...
• Section 565.9 Execution Of Deed In Another State; Governing Law, Acknowledgment.
  If any such deed shall be executed in any other state, territory or district of the United States, such deed may be executed according...
• Section 565.10 Execution Of Deed In Another State; Seal Of Officer, Certificate; Record Of Prior Deeds As Evidence.
  In the cases provided for in the last preceding section unless the acknowledgment be taken before a commissioner appointed by the governor of this...
• Section 565.11 Execution Of Deed In Foreign Country; Governing Law; Acknowledgment; Certificate, Seal; Validation Of Certain Deeds; Record As Evidence.
  If such deed be executed in any foreign country it may be executed according to the laws of such country, and the execution thereof...
• Section 565.13 Conveyance By Nonresident Married Person; Effect; Procedure.
  When a married person not residing in this state joins with his or her spouse in a conveyance of real estate situated within this...
• Section 565.14 Deed; Failure To Acknowledge; Proof By Witness Of Execution.
  When any grantor shall die, or depart from, or reside out of this state, not having acknowledged his deed, the due execution thereof may...
• Section 565.15 Deed; Failure To Acknowledge; Proof Of Handwriting Where Witnesses Are Unobtainable.
  If all the subscribing witnesses to such deed shall also be dead or out of this state, the same may be proved before any...
• Section 565.16 Deed; Refusal To Acknowledge; Application To Circuit Court; Summons To Grantor.
  If any grantor residing in this state shall refuse to acknowledge his or her deed, the grantee or any person claiming under him or...
• Section 565.17 Deed; Proof Of Execution; Certificate Of Court.
  At the time mentioned in the summons, or at any time to which the hearing may be adjourned, the due execution of the deed...
• Section 565.18 Deed; Refusal To Acknowledge; Proof Of Execution By Proving Handwriting.
  If any grantor residing in this state shall refuse to acknowledge his deed, and the subscribing witnesses thereto shall all be dead, or out...
• Section 565.19 Subscribing Witnesses; Subpoenas For Attendance.
  The court before whom any deed may be presented to be proved, as provided by this act, may issue subpoenas to the subscribing witnesses...
• Section 565.20 Subscribing Witnesses; Refusal To Appear Or Testify; Civil Liability; Contempt; Penalty.
  Every person who being served with a subpoena under this act, shall without reasonable cause, refuse or neglect to appear, or appearing shall refuse...
• Section 565.21 Unacknowledged Deed; Filing Of Copy By Person Interested; Effect.
  A person interested in a deed that is not acknowledged may at any time before or during an application to the circuit court file...
• Section 565.22 Unacknowledged Deed; Effect Of Filing; Continuation.
  If at the expiration of the time mentioned in the preceding section for that purpose, the proceedings for proving the execution of the deed...
• Section 565.23 Certificate Of Acknowledgment Or Proof Of Execution; Effect On Right To Have Deed Recorded.
  A certificate of the acknowledgment of any deed, or of the proof of the execution thereof before a court of record, signed by the...
• Section 565.24 Delivery Of Instrument To Register Of Deeds; Affixing Date, Hour, And Minute; Accessibility; Destruction Of Information Created Or Maintained Under Subsection (2); Fee; Indexing Of Instrument; Applicability Of Subsections (2) To (4); "General Index Date" Defined; Civil Immunity.
  (1) Upon delivery of an instrument to the register of deeds for the purpose of recording, the register shall note the date, hour, and...
• Section 565.24a Assignment Of Liber And Page Or Unique Identifying Number; Satisfaction Of Recording Requirements; Delivery Of Instrument Rejected On Prior Occasion.
  (1) The register's assignment of a liber and page or other unique identifying number is prima facie evidence that the instrument has satisfied all...
• Section 565.25 Perfecting Recording; Conditions; Exemptions; Liability For Certain Conduct; Penalties.
  (1) Except as otherwise provided in subsection (2), the recording of a levy, attachment, lien, lis pendens, sheriff's certificate, marshal's certificate, or other instrument...
• Section 565.26 Repealed. 2008, Act 358, Imd. Eff. Dec. 23, 2008.
  Compiler's Notes: The repealed section pertained to the use of a different set of books for recording of deeds and mortgages.
• Section 565.27 Recorded Instruments; Contents.
  The register may note upon every instrument he or she records the date and time when it was accepted, after the instrument met all...
• Section 565.28 Register Of Deeds; General Index; Contents; Computerized Index; Securing Computerized And Primary Indexes.
  (1) Each register of deeds shall keep a general index of instruments accepted for recording, after the instruments have met all recording requirements, including...
• Section 565.29 Unrecorded Conveyance; Validity Against Subsequent Purchaser; Relation Of Quit Claim Deed To Good Faith.
  Every conveyance of real estate within the state hereafter made, which shall not be recorded as provided in this chapter, shall be void as...
• Section 565.30 Deeds Of Church Pews And Slips; Recording.
  Deeds of pews or slips in any church, may be recorded by the clerk of the township in which such a church is situated,...
• Section 565.32 Unrecorded Deed Of Defeasance; Validity Against Person Without Notice.
  When a deed purports to be an absolute conveyance in terms, but is made or intended to be made defeasible by force of a...
• Section 565.33 Assignment Of Mortgage; Effect Of Recording.
  The recording of an assignment of a mortgage shall not, in itself, be deemed notice of such assignment to the mortgagor, his heirs or...
• Section 565.34 Purchaser; Definition.
  The term “purchaser,” as used in this chapter, shall be construed to embrace every person to whom any estate or interest in real estate,...
• Section 565.35 Conveyance; Definition.
  The term “conveyance,” as used in this chapter, shall be construed to embrace every instrument in writing, by which any estate or interest in...
• Section 565.36 Power Of Attorney To Convey Lands; Inapplicability Of Preceding Section; Executory Land Contract; Recording; Recording As Evidence.
  The preceding section shall not be construed to extend to a letter of attorney, or other instrument containing a power to convey lands as...
• Section 565.37 Power Of Attorney To Convey Lands; Recording Of Revocation.
  No letter of attorney or other instrument so recorded, shall be deemed to be revoked by any act of the party by whom it...
• Section 565.38 New County; Transcription Of Instruments; Effect, Compensation Of Register.
  When a new county shall be organized, in whole or in part from an organized county, or from territory attached to such organized county...
• Section 565.39 Device Used As Seal; Effect; Application To Official Seals.
  A scroll or device used as a seal upon any deed of conveyance or other instrument whatever, whether intended to be recorded or not,...
• Section 565.40 Prior Legal Conveyances; Effect As Evidence, Recording; Conveyance Under Unacknowledged Contract, Record As Evidence.
  All conveyances of real estate heretofore made and acknowledged or proved, in accordance with the laws of this state, in force at the time...
• Section 565.41 Discharge Of Mortgage; Payment Of Filing Fee By Mortgagee; Date Of Discharge.
  (1) Within the applicable time period in section 44(2) after a mortgage has been paid or otherwise satisfied, the mortgagee or the personal representative,...
• Section 565.42 Discharge Of Mortgage; Certificate Of Mortgagee; Circuit Court, Or Register In Chancery.
  Any mortgage shall also be discharged upon the record thereof by the register of deeds, in whose custody it shall be, whenever there shall...
• Section 565.43 Discharge Of Mortgage; Recording Of Certificate; Reproduced Documents; Reference To Liber And Page Containing Certificate.
  Every certificate described in section 42 of this chapter, and the proof or acknowledgment of the certificate, shall be recorded at full length, and...
• Section 565.44 Discharge Of Mortgage; Refusal; Civil Liability; Penalty; Time Periods.
  (1) If a mortgagee or the personal representative or assignee of the mortgagee, after full performance of the condition of the mortgage, whether before...
• Section 565.46 Proof And Acknowledgment Of Deeds; Application Of Law To Instruments Affecting Lands.
  The preceding sections of this chapter to procure, enforce and obtain the proof and acknowledgment of deeds, shall be, and the same are hereby...
• Section 565.47 Recording By Register Of Deeds; Acknowledgment Required.
  A deed, mortgage, or other instrument in writing that by law is required to be acknowledged affecting the title to lands, or any interest...
• Section 565.48 Deed By Surviving Joint Tenant Of Lands; Recording; Certified Copy Of Death.
  No deed or other instrument in writing, purporting to convey an interest in land by the survivor or survivors under a deed to joint...
• Section 565.49 Conveyances; Same Person Or Persons Among Grantors And Grantees; Joint Tenancy, Tenancy By Entireties.
  Conveyances in which the grantor or 1 or more of the grantors are named among the grantees therein shall have the same force and...

Last modified: October 10, 2016