Title 565, CONVEYANCES OF REAL PROPERTY

Sec. 4. (1) This act must not be applied to do any of the following: (a) Bar a lessor or a lessor's successor as reversioner of the lessor's right to possession on the expiration of a lease or a lessee or the lessee's successor of the lessee's rights in and to a lease. (b) Bar an…

Sec. 5. (1) To be effective and to be entitled to record, a notice of claim under section 3 must contain an accurate and full description of all the land affected by the notice and the description must be set forth in particular terms and not by general inclusions. The notice of …

Sec. 5a. (1) An instrument that conveys land or warrants title to land subject to an interest, claim, or charge or an instrument that encumbers land or warrants title to land subject to an interest, claim, or charge is not an effective notice of claim of an interest, claim, or ch…

Sec. 6. This act must be construed to effect the legislative purpose of simplifying and facilitating land title transactions by allowing persons dealing with the record title owner, as defined in this act, to rely on the record title covering a period of not more than 20 years fo…

Sec. 7. Nothing contained in this act shall be construed to extend the periods for the bringing of an action or for the doing of any other required act under any existing statutes of limitation nor to affect the operation of any existing acts governing the effect of the recording…

Sec. 8. A person shall not use the privilege of recording notices under this act for the purpose of slandering the title to land. In any action brought for the purpose of quieting title to land, if the court finds that any person has filed a claim solely for the purpose of slande…

Sec. 1. The register of deeds of each county shall provide, at the expense of the county, books of record for the recording of affidavits of renewal of real estate mortgages, and shall record therein such affidavits when presented for that purpose when accompanied by a fee theref…

Sec. 2. Every mortgage not renewed by the affidavit of the owner or 1 of the owners thereof, or by the affidavit of the agent or attorney of the owner or owners, showing the amount remaining unpaid on said mortgage, or by extension agreement, filed in the office of the register o…

Sec. 3. The operation of section 2 of this act shall be deferred for 3 months after the taking effect of the act in general.

Sec. 4. Nothing contained in this act shall be construed to require the payment of a mortgage tax by reason of the recording of any affidavit of renewal.

Sec. 1. This act may be cited as the "discharge of prohibited restrictive covenants act".

Sec. 2. As used in this act: (a) "Discharge form" means the discharge of a prohibited restriction form described in section 5. (b) "Person" means an individual or a partnership, corporation, limited liability company, association, governmental entity, or other legal entity. (c) "…

Sec. 3. A person shall not record in the records of the register of deeds a deed or other instrument that contains a prohibited restriction.

Sec. 4. (1) A prohibited restriction is void and has no legal effect. (2) A court or other person shall not enforce a prohibited restriction.

Sec. 5. A discharge of prohibited restriction form may be recorded with the register of deeds for the county where the property is located. A discharge form recorded under this section must substantially conform to the following form: "DISCHARGE OF PROHIBITED RESTRICTION The docu…

Sec. 6. (1) A homeowners' or property owners' association, acting through a simple majority vote of its board, may record a discharge form to remove any prohibited restriction in a deed or other instrument that affects a property governed by the homeowners' or property owners' as…

Sec. 7. (1) A property owner may record in the records of the register of deeds for the county where the property is located a discharge form to remove any prohibited restriction. (2) A discharge form recorded under this section may be executed solely by the property owner.

Sec. 8. (1) If a recorded deed or other recorded instrument contains a provision that is prohibited under this act, the owner, occupant, or tenant of the property that is subject to the provision or any member of the board of a homeowners' or property owners' association or of th…

Sec. 9. As provided in section 2567 of the revised judicature act of 1961, 1961 PA 236, MCL 600.2567, a register of deeds is entitled to the fees under that section for recording a discharge form prepared and recorded under this act.

Sec. 10. (1) A person that refuses, before recording, to remove from a deed or other instrument a prohibited restriction is liable for all actual court costs and reasonable attorney fees incurred in an action before a court of competent jurisdiction to enforce the provisions of t…

Sec. 11. (1) Except as otherwise provided in section 6(2) and (6), this act does not create a duty on the part of an owner, occupant, tenant, association, board, or member or officer of a board to do any of the following as authorized under this act: (a) Record a discharge form. …

Sec. 12. This act does not do either of the following: (a) Impose a duty on a register of deeds or employee of a register of deeds to inspect a deed or other instrument to determine whether recording the deed or instrument would violate this act. (b) Create a duty, a responsibili…

Sec. 1. The holder of a mortgage of property located in this state that is the mortgagee named in the mortgage or a person to whom the mortgage has been properly assigned of record may waive the priority of the mortgage in favor of another lien or mortgage by executing a separate…

Sec. 1. A contract for the sale of land or any interest in that land shall be executed by the vendor named in the contract, and acknowledged before any judge or before any notary public within this state, and the officer taking the acknowledgment shall endorse a certificate of th…

Sec. 2. If any such contract be executed in any other state, district or territory, the same shall be executed and acknowledged in the same manner as provided in section 9 of chapter 150 of the Compiled Laws of 1871, for the execution of deeds in any other state, district, or ter…

Sec. 3. If any such contract be executed in any foreign country, it may be executed and acknowledged according to the provisions contained in section 11 of chapter 150 Compiled Laws of 1871, providing for the execution of deeds in any foreign country.

Sec. 4. Any contract executed and acknowledged, according to the foregoing provisions, shall, with the certificates [certificate] thereto attached, be entitled to be recorded in the office of the register of deeds of the county where the lands lie, and the recording of the same s…

Sec. 6. As used in this act: (a) "Assignee" means assignee of the vendor named in a land contract, a succeeding assignee, or a land contract mortgagee who became the absolute holder of the land contract as a result of security enforcement procedures. (b) "Grantee" means grantee o…

Sec. 7. (1) A vendor or a vendee under a land contract may grant a land contract mortgage to secure any debt or obligation that may be secured by a real estate mortgage. This subsection does not alter the effect of any contractual provisions which prohibit or result in a default …

Sec. 8. (1) Any document that would be sufficient to constitute a real estate mortgage upon an interest in real property shall constitute a land contract mortgage upon the vendor's or vendee's interest. (2) A land contract mortgage shall be in a form and shall be executed, acknow…

Sec. 9. (1) A land contract mortgage may be enforced in accordance with any existing procedure for the enforcement of a real estate mortgage, including, without limitation, foreclosure by advertisement and judicial foreclosure. Upon completion of a foreclosure by advertisement or…

Sec. 10. (1) A land contract mortgage shall not, absent voluntary subordination as provided by law, encumber or otherwise affect the rights or remedies of the nonmortgaging vendor or the nonmortgaging vendee except as otherwise provided in subsection (2) or (3). (2) If the vendee…

Sec. 11. (1) When the vendee named in a land contract, or his or her heirs, successors, or assigns, has fully paid and performed the obligations under the contract that are a precondition to the sale and conveyance of the land, the vendor named in the contract shall make conveyan…

Sec. 1. As used in this act: (a) "Future advance" means an indebtedness or other obligation that is secured by a mortgage and arises or is incurred after the mortgage has been recorded, whether or not the future advance was obligatory or optional on the part of the mortgagee. (b)…

Sec. 2. Except as otherwise provided by this act, a future advance mortgage securing a future advance shall have priority with respect to the future advance as if the future advance was made at the time the future advance mortgage was recorded.

Sec. 3. Except as otherwise provided by this act, if a recorded mortgage has been or is amended to become a future advance mortgage, it shall have priority with respect to a future advance secured by the mortgage as if the future advance was made at the time the amendment was rec…

Sec. 3a. (1) Sections 2 and 3 do not apply to a residential future advance mortgage, except to the extent the mortgage secures a protective advance unless there are set forth in a conspicuous manner on the first page of the mortgage or on the first page of an amendment to the mor…

Sec. 4. This act does not give a future advance mortgage priority over another mortgage, lien, or other interest in the property that was recorded prior to April 1, 1991 if the other mortgage, lien, or other interest in the property would have had priority in the absence of this …

Sec. 5. This act does not apply to the extent that priority is governed by section 119 of the construction lien act, Act No. 497 of the Public Acts of 1980, being section 570.1119 of the Michigan Compiled Laws, or by section 29 of Act No. 122 of the Public Acts of 1941, being sec…

Sec. 6. This act shall take effect April 1, 1991.