§ 565.1 Conveyance of land made by deed
§ 565.3 Quit claim deed; estate passed
§ 565.4 Conveyance of greater estate than possessed; effect
§ 565.5 Covenants; implication in conveyance
§ 565.6 Covenants; implication in mortgage
§ 565.7 Conveyance of land adversely possessed; validity
§ 565.8 Deeds; execution; witnesses; acknowledgment; endorsement; validity and legality of certain acknowledgments and recordations of deeds; recorded deed lacking 1 or more witnesses
§ 565.9 Execution of deed in another state; governing law, acknowledgment
§ 565.10 Execution of deed in another state; seal of officer, certificate; record of prior deeds as evidence
§ 565.11 Execution of deed in foreign country; governing law; acknowledgment; certificate, seal; validation of certain deeds; record as evidence
§ 565.13 Conveyance by nonresident married person; effect; procedure
§ 565.14 Deed; failure to acknowledge; proof by witness of execution
§ 565.15 Deed; failure to acknowledge; proof of handwriting where witnesses are unobtainable
§ 565.16 Deed; refusal to acknowledge; application to circuit court; summons to grantor
§ 565.17 Deed; proof of execution; certificate of court
§ 565.18 Deed; refusal to acknowledge; proof of execution by proving handwriting
§ 565.19 Subscribing witnesses; subpoenas for attendance
§ 565.20 Subscribing witnesses; refusal to appear or testify; civil liability; contempt; penalty
§ 565.21 Unacknowledged deed; filing of copy by person interested; effect
§ 565.22 Unacknowledged deed; effect of filing; continuation
§ 565.23 Certificate of acknowledgment or proof of execution; effect on right to have deed recorded
§ 565.24 Delivery of instrument to register of deeds; affixing date, hour, and minute; accessibility; destruction of information created or maintained under subsection (2); fee; indexing of instrument; ap
§ 565.24a Assignment of liber and page or unique identifying number; satisfaction of recording requirements; delivery of instrument rejected on prior occasion
§ 565.25 Perfecting recording; conditions; exemptions; liability for certain conduct; penalties
§ 565.27 Recorded instruments; contents
§ 565.28 Register of deeds; general index; contents; computerized index; securing computerized and primary indexes
§ 565.29 Unrecorded conveyance; validity against subsequent purchaser; relation of quit claim deed to good faith
§ 565.30 Deeds of church pews and slips; recording
§ 565.32 Unrecorded deed of defeasance; validity against person without notice
§ 565.33 Assignment of mortgage; effect of recording
§ 565.34 Purchaser; definition
§ 565.35 Conveyance; definition
§ 565.36 Power of attorney to convey lands; inapplicability of preceding section; executory land contract; recording; recording as evidence
§ 565.37 Power of attorney to convey lands; recording of revocation
§ 565.38 New county; transcription of instruments; effect, compensation of register
§ 565.39 Device used as seal; effect; application to official seals
§ 565.40 Prior legal conveyances; effect as evidence, recording; conveyance under unacknowledged contract, record as evidence
§ 565.41 Discharge of mortgage; payment of filing fee by mortgagee; date of discharge
§ 565.42 Discharge of mortgage; certificate of mortgagee; circuit court, or register in chancery
§ 565.43 Discharge of mortgage; recording of certificate; reproduced documents; reference to liber and page containing certificate
§ 565.44 Discharge of mortgage; refusal; civil liability; penalty; time periods
§ 565.46 Proof and acknowledgment of deeds; application of law to instruments affecting lands
§ 565.47 Recording by register of deeds; acknowledgment required
§ 565.48 Deed by surviving joint tenant of lands; recording; certified copy of death
§ 565.49 Conveyances; same person or persons among grantors and grantees; joint tenancy, tenancy by entireties

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Terms Used In Michigan Laws > Chapter 565 > R.S. of 1846 > Chapter 65 - Of Alienation by Deed, and the Proof and Recording of Conveyances, and the Canceling of Mortgages

  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Commissioner: means the director of the department of licensing and regulatory affairs. See Michigan Laws 408.412
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • conveyance: as used in this chapter , shall be construed to embrace every instrument in writing, by which any estate or interest in real estate is created, aliened, mortgaged or assigned; or by which the title to any real estate may be affected in law or equity, except wills, leases for a term not exceeding 3 years, and executory contracts for the sale or purchase of lands. See Michigan Laws 565.35
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Department: means the department of licensing and regulatory affairs. See Michigan Laws 408.471
  • Employ: means to engage or permit to work. See Michigan Laws 408.471
  • Employee: means an individual employed by an employer. See Michigan Laws 408.471
  • Employee: means an individual not less than 16 years of age employed by an employer on the premises of the employer or at a fixed site designated by the employer, and includes a minor employed subject to section 15(1) of the youth employment standards act, 1978 PA 90, MCL 409. See Michigan Laws 408.412
  • Employer: means an individual, sole proprietorship, partnership, association, or corporation, public or private; this state or an agency of this state; a city, county, village, township, school district, or intermediate school district; an institution of higher education; or an individual acting directly or indirectly in the interest of an employer who employs 1 or more individuals. See Michigan Laws 408.471
  • Employer: means a person, firm, or corporation, including this state and its political subdivisions, agencies, and instrumentalities, and a person acting in the interest of the employer, who employs 2 or more employees at any 1 time within a calendar year. See Michigan Laws 408.412
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • Fringe benefits: means compensation due an employee pursuant to a written contract or written policy for holiday, time off for sickness or injury, time off for personal reasons or vacation, bonuses, authorized expenses incurred during the course of employment, and contributions made on behalf of an employee. See Michigan Laws 408.471
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • grantee: may be construed as including every person to whom any such interest or estate passes in like manner. See Michigan Laws 8.3e
  • grantor: may be construed as including every person from or by whom any estate in lands passes in or by any deed. See Michigan Laws 8.3e
  • Grantor: The person who establishes a trust and places property into it.
  • in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Oath: A promise to tell the truth.
  • oath: shall be construed to include the word "affirmation" in all cases where by law an affirmation may be substituted for an oath; and in like cases the word "sworn" shall be construed to include the word "affirmed". See Michigan Laws 8.3k
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • purchaser: as used in this chapter , shall be construed to embrace every person to whom any estate or interest in real estate, shall be conveyed for a valuable consideration, and also every assignee of a mortgage, or lease or other conditional estate. See Michigan Laws 565.34
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • seal: shall be construed to include any of the following:
    (a) The impression of the seal on the paper alone. See Michigan Laws 8.3n
  • shall not apply: means that the pertinent provision is not operative as to certain persons or things or in conjunction with a particular date or dates. See Michigan Laws 8.4c
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
  • Venue: The geographical location in which a case is tried.
  • Wages: means all earnings of an employee whether determined on the basis of time, task, piece, commission, or other method of calculation for labor or services except those defined as fringe benefits under subdivision (e) above. See Michigan Laws 408.471