February 28, 2008, Introduced by Senator JANSEN and referred to the Committee on Local, Urban and State Affairs.
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 upon every instrument
recorded
by him, he or she records the date
and time when it was
received
accepted for recording, after
the instrument met all
recording requirements including the payment of fees, and 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
permanent 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 recorded
instruments 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.
(b) Instrument type.
(c) The name of each party to each instrument.
(d) Date recorded, 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.