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Michigan: Clarifications and Changes to Sheriff’s Deed Statute Recommended

Posted By USFN, Wednesday, October 07, 2015
Updated: Wednesday, November 11, 2015

October 7, 2015

 

by Scott W. Neal
Orlans Associates, P.C. – USFN Member (Michigan)

The Michigan Association of Registers of Deeds (MARD) recently had a meeting where it reviewed the current Michigan sheriff’s deed requirements, covered by an assortment of statutes under both the Revised Judicature Act of 1961 (Act 236 of 1961) and the State Housing Development Authority Act of 1966 (Act 346 of 1966). MARD requested clarification on various parts of the law and made recommendations for changes to other portions of the law.

Clarifications — MARD has asked for clarification on how the days in the redemption period are calculated, since the statute uses the terminology “6 months” as opposed to “180 days.” It is not unknown for there to be disputes as to when the time expires. MARD also desires a determination on the word “commissioner’s” in 600.3145 of the Revised Judicature Act of 1961 because it is not defined, nor does the statute make clear to whom this actually refers.

Changes — Among recommendations for changes, MARD does not want the words “deposit” or “file” to be used when describing documents to be recorded with the Register of Deeds. Both words should be replaced by “recorded.” As MARD noted in its analysis, “MARD does not want anything filed that is not recorded.” MARD also asks that the fee referenced in section 600.3240, which requires $5 to be paid to the Register of Deeds by anyone redeeming property for “the care and custody of the redemption money,” to be eliminated.

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