Michigan Laws 445.1033 – Soliciting fee for providing copy of deed; statement on document required; contents; form; rules; fee; limitation; furnishing copy of document to county office of register of deeds
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Terms Used In Michigan Laws 445.1033
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Deed: means a written instrument entitled to be recorded in the office of the register of deeds that purports to convey or transfer title to a freehold interest in any lands, tenements, or other realty in this state by way of grant or bargain and sale from the named grantor to the named grantee. See Michigan Laws 445.1032
- Department: means the department of attorney general. See Michigan Laws 445.1032
- Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 445.1032
- Public body: means that term as it is defined in section 2 of the freedom of information act, 1976 PA 442, MCL 15. See Michigan Laws 445.1032
- 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
(1) A person soliciting a fee for providing a copy of a deed or a free copy of a deed in connection with the solicitation for any other service or product shall state on the top of the document used for the solicitation, in at least 24-point type, all of the following:
(a) That the solicitation is not from a public body.
(b) That no action is legally required by the person being solicited.
(c) The statutory fee for, or the cost of, obtaining a copy of the deed from the public body that has custody of the record.
(d) The information necessary to contact the public body that has custody of the deed.
(e) The name and physical address of the person soliciting the fee.
(2) The document used for a solicitation under this section shall not be in a form or use deadline dates or other language that makes the document appear to be a document issued by a public body or that appears to impose a legal duty on the person being solicited. The department may promulgate rules specifying the contents and form of the solicitation document.
(3) A person soliciting a fee for providing a copy of a deed shall not charge a fee of more than 4 times the statutory fee charged by the public body that has custody of the deed for a copy of that deed.
(4) A person soliciting a fee from property owners for providing a copy of a deed shall furnish the office of the register of deeds of each county where the solicitations are to be distributed with a copy of the document that will be used for those solicitations not less than 15 days before distributing the solicitations.