Real estate deeds that transfer property in Michigan can be recorded to provide constructive notice of the transfer. In most cases deed documents are recorded in the County where the property is located.
Every conveyance of real estate which is not recorded as required will be void as against any subsequent purchaser in good faith and for a valuable consideration, of the same real estate or portion thereof, whose conveyance is first duly recorded. The fact that such first recorded conveyance is in the form of or contains the terms of a quitclaim deed and release does not affect the question of good faith of such subsequent purchaser, or be of itself notice to him of any unrecorded conveyance of the same real estate or portion thereof.
Document Standards for Recording
To add or delete a name from a deed, a new instrument must be prepared. Only original documents can be recorded with the Alcona County Register of Deeds. The following guidelines apply:
• Typing or printing should be in a font size of at least 10 point and in black ink. Use white paper that measures 8.5 x 11 inches or 8.5 x 14 inches. The entire instrument must be legible. If there are any attachments, they should not be smaller than 8.5 x 11 inches or larger than 8.5 x 14 inches.
• At the top of the first page, provide a margin of unprinted space that is at least 2.5 inches. On all remaining sides of each page, margins should be at least ½ an inch.
• After the blank margin on the first space, provide a document title that clearly indicates the nature of the transaction.
• The name of each person executing the instrument should be legibly printed, stamped, or typed beneath the original signature of the person. There should not be any discrepancies between the names of each person as printed, stamped, or typed beneath their signature and the name as recited in the acknowledgment.
• The name of any notary public whose signature is on the instrument should be legibly printed, stamped, or typed immediately beneath their signature.
• Provide the address of each grantee in a deed of conveyance or assignment of real estate, including a street number address or the post office address. This should be legibly printed, stamped, or typed on the instrument.
• Provide the name and business address of the person who prepared the instrument.
• A register of deeds will not accept an instrument executed after April 1, 1997 if it evidences more than one recordable event.
• All written instruments conveying or mortgaging real estate or any interest in real estate, should state whether any and all male grantors, mortgagors, or other parties executing the instrument are single or married. The register of deeds of the county in which the instrument is presented for recording can refuse an instrument if it does not comply with this. If an instrument has been recorded without showing the marital status, an affidavit stating the facts can be recorded.
• If a non-complying instrument is presented for recording, it can be accompanied by an affidavit, which should be printed or typewritten and should state the correct name of any person, the name of whom was not printed, stamped, or typewritten on the instrument as required.
• Provide a legal description of the real property being conveyed, as well as a recital of the consideration exchanged for the property. If the actual consideration is not stated on the face of the deed, it can be provided in a Michigan Valuation Affidavit that is submitted along with the document.
• Transfer tax must be paid at the time of recording, unless a proper exemption number is noted on the deed. Transfer tax applies to all instruments that transfer property or an interest in property.
• If “survivor” is stated in the grantor section of a deed of conveyance, a certified copy of a death certificate or other proof of death must be recorded.