Tuesday, September 18, 2007

Michigan Recording Requirements - What a Notary Should Know

The recording requirements for Michigan recently came up in a forum discuss. Unfortunately the information that was given out was incorrect, so I think it's worth clarifying. The Michigan Recording Requirements are stated under section 565.201, Act 103 of 1937.

The first thing to note is that there are no stated witness requirements for Michigan.

Next, part (b) states that a discrepancy must not exist between the name of each person as printed, typewritten, or stamped beneath their signature and the name as recited in the acknowledgment or jurat on the instrument (If their name is John C. Borrower on the signature line, your acknowledgment or jurat must read John C. Borrower as well, not John Borrower, or Johnny C. Borrower, etc.).

Part (c) indicates that the name of any notary public whose signature appears upon the instrument is legibly printed, typewritten, or stamped upon the instrument immediately beneath the signature of that notary public.

Also, part (iv) states that the instrument is legibly printed in black ink on white paper. The reason this is of note is that some counties interpret this to mean that ALL printing on the document must be in black. So when a notary is adding any information such as their printed name, commission expiration, county, borrowers names, etc., some counties require this information to be in black. Michigan does NOT indicate any pen color requirements for signatures (but please put away you glitter pen).

I'm going to add a permanant link to the recording requirements on the resources page.

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