MCUL & Affiliates-supported legislation (House Bills 4638, 4639 and 4640) allowing a copy of an original instrument that is verified by an affidavit and recorded to be deemed as complying with all recording requirements in the state were approved by the House Committee on Local Government on Thursday, Feb. 13.
The bills were placed on the agenda by Committee Chairwoman Amanda Price, R-Holland, and received a unanimous vote of support (12-0). MCUL has been working closely with the bill sponsors, state Reps. Peter Pettalia, R-Presque Isle, and Marilyn Lane, D-Fraser, on several amendments to help the package advance through committee. Representatives of the Michigan Land Title Association also played an important role in advancing changes to help the package move forward.
As passed by committee, the bills would protect lenders in the case of lost documents by allowing the creation, verification and recording of copies of the mortgage and property deeds in record. Since verified mortgage document copies would be recorded within the meaning of the Michigan recording statutes under this legislation, the lender position as a secured creditor would be protected. It also creates a clearer chain of title on certain parcels of property and removes potential questions about electronic recording, which has the potential to save credit unions and recording offices time and money.
MCUL will meet with House leadership in the coming week to encourage consideration soon by the full House of Representatives. If you have questions regarding HB 4638-4640, contact Director of Government Affairs Jordan Kingdon at Jordan.Kingdon@mcul.org.