SB-1160, As Passed House, December 10, 2008

SUBSTITUTE FOR

SENATE BILL NO. 1160

A bill to amend 1846 RS 65, entitled

"Of alienation by deed, and the proof and recording of conveyances,

and the canceling of mortgages,"

by amending sections 27, 28, and 43 (MCL 565.27, 565.28, and

565.43), sections 28 and 43 as amended by 1992 PA 212; and to

repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 27. The register ~~shall certify~~ may note upon every

instrument ~~recorded by him,~~ he or she records the date and time

when it was ~~received, and~~ accepted, after the instrument met all

recording requirements including the payment of fees. The register

also shall note a reference to the ~~book~~ liber and page, or other

unique identifying number, where it is recorded.

Sec. 28. (1) Each register of deeds shall keep a ~~proper~~

general index ~~to each set of books in which he or she shall enter~~

~~alphabetically the name of each party to each instrument recorded~~

~~by the register of deeds, with a reference to the book and page~~

~~where the instrument is recorded. In a county in which~~

~~reproductions pursuant to the records media act are combined in 1~~

~~set of books, the register of deeds shall keep separate indexes of~~

~~the instruments. The register of deeds shall also keep a separate~~

~~index in which shall be entered daily a minute of all discharges of~~

~~mortgages as the discharges are entered, whether by written~~

~~discharge or entered upon the margin of the record, together with a~~

~~reference to the volume and page where recorded, or entered upon~~

~~the margin.~~ of instruments accepted for recording, after the

instruments have met all recording requirements, including the

payment of fees, by means of books or computerization or a

combination of both. The index shall include the following

information:

(a) Liber and page, or other unique identifying number, which

shall be sequentially, not randomly, assigned.

(b) Instrument type.

(d) Date processed, having met all recording requirements,

including payment of fees.

(e) Location of land: section, town and range, platted

description, or other description authorized by law.

(f) Other reference information as required.

(2) Each computerized index ~~required by this act may be~~

~~maintained wholly, or in part, by computerization of the index~~

shall be maintained to allow for an alphabetical search of the

names of each party to each instrument recorded by the register of

deeds.

(3) Each computerized index shall be secured by a duplicate

index maintained at a separate location from the primary index.

(4) The primary index shall be secured by a code, key, or

other system designed to prohibit an unauthorized person from

altering the index.

Sec. 43. Every certificate described in section 42 of this

chapter, and the proof or acknowledgment of the certificate, shall

be recorded at full length, and a reference shall be made to the

~~book~~ liber and page, or other unique identifying number, containing

the certificate, in the ~~minute~~ minutes of the discharge of the

mortgage made by the register upon the mortgage. If the register of

deeds is authorized by the board of commissioners to reproduce

deeds, mortgages, maps, instruments, or writings, as provided in

section 2 of ~~Act No. 105 of the Public Acts of 1964, being section~~

~~691.1102 of the~~ ~~Michigan~~ ~~Compiled Laws~~ 1964 PA 105, MCL 691.1102,

and the mortgage does not exist in a hard copy medium, it is not

necessary for him or her to make reference to the ~~book~~ liber and

page containing the certificate on the ~~book or~~ liber and page

containing the mortgage. Instead, reference to the ~~book~~ liber and

page containing the certificate shall be made in the index to the

~~entry book~~ permanent index of mortgages.

Enacting section 1. Section 26 of 1846 RS 65, MCL 565.26, is

repealed.

Enacting section 2. This amendatory act does not take effect