Posted by FAN_IL on 8/31/09 8:07am
Msg #302347
Is this recordable in MI?
A couple's divorce is finalized and the man does a refi on his vacation home in Michigan for cash out. They both sign a Trust Deed taking the former wife off of title, both on the same day but not together, in different locations. So there are two different notaries notarizing the document. Then it's faxed to the lender the day before my closing w/ the man on Friday.
When he shows me the deed, I see that when his ex-wife's signature was notarized the notary wrote, "for Patricia So and So," and signed her name below the acknowledgement section, next to the notary's signature line. Then she stamped right over her own handwriting! The second notary wrote, "for Robert So and So," above the signature line for the notary below the acknowledgement section, signed on the line, and stamped below her name. She did not attach a separate acknowlegement.
I faxed it back to the title company at the top of the closing because I thought it might not be recordable. Illinois code says no notary seal impression should be placed over any signature, writing or document text. But the title company said it was fine.
Obviously, if the lender & title company think it's fine, then it's not my problem in terms of completing the signing. But I'm just wondering if stamping over your signature is in keeping w/ MI law or if it's the same as IL law? Would anyone else have had the same concern?
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Reply by Julie/MI on 8/31/09 8:17am
Msg #302349
As you said, not your problem, I worked for register of deeds and we usually let out state deeds slide. Just depends on how sharp the clerk is when it comes over for recording.
RECORDING REQUIREMENTS (EXCERPT)
Act 103 of 1937
565.201 Requirements for recording with register of deeds.
Sec. 1.
(1) An instrument executed after October 29, 1937 by which the title to or any interest in real estate is conveyed, assigned, encumbered, or otherwise disposed of shall not be received for record by the register of deeds of any county of this state unless that instrument complies with each of the following requirements:
(a) The name of each person purporting to execute the instrument is legibly printed, typewritten, or stamped beneath the original signature or mark of the person.
(b) A discrepancy does 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.
(c) 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.
(d) The address of each of the grantees in each deed of conveyance or assignment of real estate, including the street number address if located within territory where street number addresses are in common use, or, if not, the post office address, is legibly printed, typewritten, or stamped on the instrument.
(e) If the instrument is executed before April 1, 1997, each sheet of the instrument is all of the following:
(i) Typewritten or printed in type not smaller than 8-point size.
(ii) Not more than 8-1/2 by 14 inches.
(iii) Legible.
(iv) On paper of not less than 13 (17x22—500) pound weight.
(f) If the instrument is executed after April 1, 1997, each sheet of the instrument complies with all of the following requirements:
(i) Has a margin of unprinted space that is at least 2-1/2 inches at the top of the first page and at least 1/2 inch on all remaining sides of each page.
(ii) Subject to subsection (3), displays on the first line of print on the first page of the instrument a single statement identifying the recordable event that the instrument evidences.
(iii) Is electronically, mechanically, or hand printed in 10-point type or the equivalent of 10-point type.
(iv) Is legibly printed in black ink on white paper that is not less than 20-pound weight.
(v) Is not less than 8-1/2 inches wide and 11 inches long or more than 8-1/2 inches wide and 14 inches long.
(vi) Contains no attachment that is less than 8-1/2 inches wide and 11 inches long or more than 8-1/2 inches wide and 14 inches long.
(g) Unless state or federal law, rule, regulation, or court order or rule requires that all or more than 4 sequential digits of the social security number appear in the instrument, beginning on 1 of the following dates the first 5 digits of any social security number appearing in or on the instrument are obscured or removed:
(i) Except as provided in subparagraph (ii), the effective date of the amendatory act that added this subdivision.
(ii) For an instrument presented to the register of deeds by the department of treasury, April 1, 2008.
(2) Subsection (1)(e) and (f) does not apply to instruments executed outside this state or to the filing or recording of a plat or other instrument, the size of which is regulated by law.
(3) A register of deeds shall not record an instrument executed after April 1, 1997 if the instrument purports to evidence more than 1 recordable event.
(4) Any instrument received and recorded by a register of deeds shall be conclusively presumed to comply with this act. The requirements contained in this act are cumulative to the requirements imposed by any other act relating to the recording of instruments.
(5) An instrument that complies with the provisions of this act and any other act relating to the recording of instruments shall not be rejected for recording because of the content of the instrument.
History: 1937, Act 103, Eff. Oct. 29, 1937 ;-- Am. 1941, Act 179, Eff. Jan. 10, 1942 ;-- Am. 1945, Act 213, Eff. Sept. 6, 1945 ;-- CL 1948, 565.201 ;-- Am. 1963, Act 150, Eff. Sept. 6, 1963 ;-- Am. 1964, Act 196, Eff. Jan. 1, 1965 ;-- Am. 1996, Act 459, Eff. Apr. 1, 1997 ;-- Am. 2002, Act 19, Imd. Eff. Mar. 4, 2002 ;-- Am. 2007, Act 56, Imd. Eff. Sept. 12, 2007
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Reply by Mia on 8/31/09 8:57am
Msg #302351
Just as Julie stated above.
Depends on how picky the recording office is (some can be picky).
But here is some more info:
55.287
(2) On each record that a notary public performs a notarial act and immediately near the
notary public's signature, as is practical, the notary public shall print, type, stamp, or
otherwise imprint mechanically or electronically sufficiently clear and legible to be read
by the secretary and in a manner capable of photographic reproduction all of the
following etc. yada yada
(3) A notary public may use a stamp, seal, or electronic process that contains all of
the information required by subsection (2). However, the stamp, seal, or electronic process
shall not be used in a manner that renders anything illegible on the record being notarized.
An embosser alone or any other method that cannot be reproduced shall not be used.
(4) The illegibility of the statements required in subsection (2) does not affect the
validity of the transaction or record that was notarized.
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