CORRECTING PREVIOUSLY RECORDED DOCUMENTS

House Bill 4503

Sponsor:  Rep. Kathy Angerer

Committee:  Intergovernmental and Regional Affairs

Complete to 6-13-09

A SUMMARY OF HOUSE BILL 4503 AS INTRODUCED 3-3-09

House Bill 4503 would amend Public Act 123 of 1915, which concerns affidavits affecting real property, to allow affidavits to correct errors or omissions in previously recorded documents.

The bill specifies that an affidavit to correct errors or omissions in previously recorded documents, including errors relating to the proper place of recording and to scrivener's errors or omissions, may be recorded in the Office of Register of Deeds of the county where the real property that is the subject of the affidavit is located. 

An affidavit may be made by a person having knowledge or the relevant facts, or by a person competent to testify concerning those facts in open court, and would have to meet the requirements of Sections 1b and 1c of the act.  [Section 1b specifies that anyone making a false statement in an affidavit is guilty of perjury; Section 1c concerns the protocols to be used for land descriptions.]

Finally, the bill specifies that an affidavit under this section would not be necessary if a new document were recorded to indicate corrective changes and making reference to the errant recording by liber and page number.

 

MCL 565.451a - 565.453

FISCAL IMPACT:

The bill would have no fiscal impact on the Judiciary.

                                                                                           Legislative Analyst:   J. Hunault

                                                                                                  Fiscal Analyst:   Ben Gielczyk

■ This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.