Posted by Teresa/FL on 8/21/12 10:01pm
Msg #431398

Question for Michigan notaries regarding ink color

I have received assignments from two different TCs located in Michigan recently and have been instructed to have the borrowers/sellers sign in blue ink but all printing and my signature should be in black ink.

The properties are in Florida not Michigan so I was allowed to use blue ink for everything but I am wondering about the basis for this request. Is there some Michigan law that requires this?

If a signer has to both sign and date a document, do they sign in blue and date in black?

How in the world do you comply with this request/requirement?

Reply by Dorothy_MI on 8/21/12 10:31pm
Msg #431401

Most allow us to use all black

so it isn't a problem. Just recently I've had two loans where they wanted the borrower to sign in blue and the notary to use black. Black ink for the verbiage on the notarial certificate is a county recorders requirement. Don't know about all of the counties in MI, but the 3 largest in SE MI do require black ink, so I just automatically use black. Julie Williams is really the expert on this.

My understanding from contracting in a title co office is that technically the notary can sign in blue, but anything on the certificate MUST be in black to record. I always only just use black, unless it is out of state property and they insist that it be done in blue.

Reply by Lee/AR on 8/22/12 6:04am
Msg #431411

Know at least one of the TCs that require this. PITA, for sure, but can be done. As to why? 'Cuz they can make the rules. I have 2 theories: 1. To make their QC easy. OR 2. Keeps Bs so focused on 'ink color' that they don't pay attention to what they are signing.

Reply by ReneeK_MI on 8/22/12 8:29am
Msg #431420

Origin & 'reasoning' for this

The MI statutes stipulate that a document to be recorded "Is legibly printed in black ink on white paper". The various counties interpret those statutes & implement them as they deem in accordance.

Here's that statute:

http://www.legislature.mi.gov/%28S%28hhe0ji45i01cmkjxz2bfum45%29%29/mileg.aspx?page=getobject&objectname=mcl-565-201

T/C's in MI will insist that ANY hand-printing on a recordable document (i.e. Mtg or Deeds) that is done in blue ink will cause the county to kick it back. This does not apply to signatures. Since a mtg/deed that is kicked back is a MAJOR headache, of course T/C's are going to insist that the document be executed however the recorder wants them.

It's not worth debating, anything hand-printed on the mtg/deed is done in black ink - venue, signer's name in notary cert, date, ANY hand-corrections done to the front.

I, myself, have never actually seen a verifiable instance of any county kicking back for hand-printing done in blue - and I have seen tens of thousands of recorded mtgs/deeds. That said, I am not going to be the test case nor am I going to debate the issue of what a reasonable mind would interpret that statute to mean. Always carry a black pen, and everyone is happy. =)

Reply by Teresa/FL on 8/25/12 7:54pm
Msg #432028

Thanks for the responses. Glad I'm not in MI

Although I carry both blue and black pens (for the few lenders that specify black), it would drive me crazy to have to monitor the borrowers to make sure the right color was being used. As Dorothy mentioned, it would make it easier to just use black ink for everything.

When I do signings for out of state properties I always ask if there are any state specific requirements that need to be followed. I will make sure to remind any Michigan TCs I deal with in the future that the MI recording requirements do not apply to FL properties.