Legislation
State: Michigan
Signed: November 05, 2020
Effective: November 05, 2020
Chapter: Public Act No. 248
Summary
House Bill 6296 requires a Michigan county register of deeds to record a paper printout of an electronic document that has been notarized in compliance with Michigan’s Notary statutes if it does not have an electronic recording system that allows it to record electronic real property documents.
Affects
Amends Sections 565.843 and 565.844 of the Michigan Compiled Laws.
Changes
- Provides that a register of deeds must accept electronic documents for recording during the period between April 29, 2020, and before January 1, 2020.
- Provides that if a register of deeds does not have the equipment to accept an electronic document, the register of deeds must accept for recording a tangible copy of an electronic document properly notarized under the Michigan Law on Notarial Acts, MCL 55.261 to 55.315.
- Requires a financial institution to accept a document or electronic document recorded by a register of deeds during this time period.
- Clarifies that these provisions apply after April 29, 2020, and before January 1, 2021.
- Clarifies that House Bill 6296 does not take effect unless House Bill No. 6297 of the 100th Legislature is enacted into law. Note: House Bill 6297 has been signed into law.
AnalysisHouse Bill 6296 is a temporary measure. If a Michigan county register of deeds does not have an electronic recording system that allows it to record electronic real property documents, the register of deeds must record a paper printout of an electronic document that has been notarized in compliance with Michigan’s Notary statutes. Normally, a copy certification would be the proper notarial act in this circumstance, but Michigan’s Notary statutes do not allow Notaries to certify copies. Thus, the paper printout of the electronic document must be notarized with an acknowledgment, jurat, or signature witnessing.
Read House Bill 6296.