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ARTICLE · 26 MARCH 2024

Navigating Michigan's "One Recordable Event" Rule

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In Michigan, every document submitted for recordation with a register of deeds must adhere to MCL 565.201.

United StatesFinance and Banking

In Michigan, every document submitted for recordation with a register of deeds must adhere to MCL 565.201. Among these requirements, the first line of print on the first page of the instrument must display a single statement identifying the recordable event associated with the instrument (MCL 565.201(1)(f)(ii)). The statute explicitly states that after April 1, 1997, a register of deeds cannot record an instrument if its Identifying Statement identifies multiple recordable events (MCL 565.201(3)).

This poses a challenge for Michigan practitioners, particularly lenders, as many recordable instruments often cover more than one "recordable event." For instance, a mortgage typically encompasses not just the mortgage itself, but also an assignment of lease and rents, and a fixture filing financing statement.

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