Bulletin: MI2010006

Date:
September 22, 2010
To:
All Michigan Issuing Offices
RE:
Michigan Electronic Recording Act

Dear Associates:

Please be advised that on July 19, 2010 the Governor of Michigan signed into effect Public Act 123 of 2010 which provides for the electronic recording of documents in Michigan, self-styled the "Uniform Real Property Electronic Recording Act". Effective immediately, the Act contemplates that:

  • electronic documents satisfy the statutory requirement that a document be an original document for recording in Michigan.

  • electronic signatures satisfy the requirements for original signatures on documents recorded in Michigan.

  • electronic signatures of notarized, acknowledged, verified or witnessed documents by parties performing that act satisfy the statutory requirement for original signatures on documents recorded in Michigan.

Please note that the Act does not require that a register accept electronic documents for recording. Any County choosing to accept electronic documents must continue to accept paper documents for recording in accordance with the recording statutes, and the County shall place both paper and electronic documents in the same Index.

The Act affirmatively states the standards promulgated by the Act do not invalidate electronic documents previously recorded. Further, the Act establishes a Commission to set standards and oversee the implementation of the Act.

In light of the enactment of Public Act 123 of 2010, the Company will be willing to insure purchasers and lenders based upon an electronic recording of their interests.

Please disseminate this Bulletin to all appropriate office personnel.

This Bulletin relates solely to Michigan.

If you have any questions relating to this or other Bulletins, please contact your local underwriting personnel or Stewart Legal Services.

For on-line viewing of this and other bulletins, please log onto www.vuwriter.com.

THIS BULLETIN IS FURNISHED TO INFORM YOU OF CURRENT DEVELOPMENTS. AS A REMINDER, YOU ARE CHARGED WITH KNOWLEDGE OF THE CONTENT ON VIRTUAL UNDERWRITER  AS IT EXISTS FROM TIME TO TIME AS IT APPLIES TO YOU, AS WELL AS ANY OTHER INSTRUCTIONS. OUR UNDERWRITING AGREEMENTS DO NOT AUTHORIZE OUR ISSUING AGENTS TO ENGAGE IN SETTLEMENTS OR CLOSINGS ON BEHALF OF STEWART TITLE GUARANTY COMPANY. THIS BULLETIN IS NOT INTENDED TO DIRECT YOUR ESCROW OR SETTLEMENT PRACTICES OR TO CHANGE PROVISIONS OF APPLICABLE UNDERWRITING AGREEMENTS. CONFIDENTIAL, PROPRIETARY, OR NONPUBLIC PERSONAL INFORMATION SHOULD NEVER BE SHARED OR DISSEMINATED EXCEPT AS ALLOWED BY LAW. IF APPLICABLE STATE LAW OR REGULATION IMPOSES ADDITIONAL REQUIREMENTS, YOU SHOULD CONTINUE TO COMPLY WITH THOSE REQUIREMENTS.

References

Bulletins Replaced:
MI2009001 Do Not Insure Recorded Scanned Documents
Related Bulletins:
None
Underwriting Manual:
None
Exceptions Manual:
None
Forms:
None