By Alicia Kellogg
Here are some frequently asked questions regarding recording documents specifically for Leelanau County:
Question: What are the document recording requirements?
- Signatures must be original, and the names must be typed or printed beneath signatures. MCLA 565.201 Sec. 1(a)
- The name and address of the person who drafted the document must appear on documents executed in Michigan. MCLA 565.201a
- Documents must have a margin of unprinted space at least 2 ½ inches at the top of the first page and at least ½ inch on all remaining sides of each page. MCLA 565.201 Sec.1(f)(i)
- The type on the form must be printed with black ink; type size at least 10-point type. MCLA 565.201 Sec 1(f)(iii)(iv)
- Documents purporting to convey or encumber real estate executed in Michigan require an acknowledgment by a judge, clerk of a court of record or a notary public within this state. MCLA 565.8; form: LAND 565.47, MCLA 565.265; 565.267
(For the full list of recording requirements go to https://www.leelanau.cc/howdoia.asp?rid=54)
Question: Can I keep the purchase price private?
Answer: As far as the warranty deed, once it is recorded, the purchase price becomes a matter of public record with the county. Michigan law DOES permit the parties to omit the purchase price from the deed and to execute a Real Estate Transfer Tax Valuation with the deed. When the deed is recorded, the affidavit is filed along with it. This way, the purchase price is not a matter of public record at the county level. However, since Michigan law requires the buyer to file a Property Transfer Affidavit with the local assessor’s office and the information on that form is NOT confidential, someone could determine the purchase price of the real estate by contacting the local assessor.
Question: My spouse passed away and our property is in both of our names, what should be done?
Answer: Bring in a certified death certificate along with the appropriate recording fees to Leelanau County Register of Deeds. Recording the death certificate shows that the deceased person no longer has an interest in the property.
Question: What can I do if a party’s name in a deed or conveyance is incorrect?
Answer: You may correct name errors in a document by filing an affidavit with the correct name. It is best to contact an attorney to prepare the affidavit for you.
Alicia Kellogg is Access Title Agency’s on-staff attorney for the Traverse City and Suttons Bay, Michigan offices. She graduated cum laude from Western Michigan University Cooley Law School and is licensed to practice law in the State of Michigan. Contact info: firstname.lastname@example.org or (231) 539-1203.