SB-1160, As Passed Senate, October 2, 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.
(c) The name of each party to each instrument.
(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
unless Senate Bill No. 927 of the 94th Legislature is enacted into
law.