Under MCL 565.451a, a person with knowledge may record a sworn affidavit stating facts that affect title to Michigan real estate, such as a death, marriage, name change, identity, heirship, or a correction of an error in a recorded document. Under MCL 565.451a, a person with knowledge may record a sworn affidavit stating facts that affect title to Michigan real estate, such as a death, marriage, name change, identity, heirship, or a correction of an error in a recorded document.
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Under MCL 565.451a, a person with knowledge may record a sworn affidavit stating facts that affect title to Michigan real estate, such as a death, marriage, name change, identity, heirship, or a correction of an error in a recorded document.
What you'll need
Read the packet and check the receiving agency's required form.
Gather the names, dates and supporting records requested in the document.
Review the packet's signing, identification and witness instructions.
How to complete it
Drafted by and return to (top of Page 1) Enter who drafted the document and where the Register of Deeds should return it. Leave the space above the dotted line blank.
State the facts (Pages 1–2) Identify the recorded instrument by Liber and Page, and state only facts you know personally.
Swear before a notary (Page 3) Bring a current, government-issued photo ID.
Record the original with the Register of Deeds of the county where the property is located.
An affidavit cannot change who owns the property. Larger problems may need a corrective deed. Ask a Michigan real estate attorney or title company.
When one owner of Michigan real estate held as tenants by the entirety (married couples) or joint tenants with full rights of survivorship dies, the survivor records this sworn affidavit, with a death certificate, to show that title passed to the survivor.
A Michigan covenant deed warrants title only against claims arising from the grantor’s own acts. It is common for estates, trustees, banks, and companies.
At nearly every real estate sale, the seller certifies under federal law (FIRPTA) that they are not a foreign person, so the buyer does not have to withhold tax.
A Michigan Lady Bird deed (enhanced life estate deed) lets you keep full control of your home during your life, including the right to sell or mortgage it without anyone’s consent, while naming who receives it at your death without probate.
Land contracts are common in Michigan. Recording a memorandum gives public notice of the buyer’s interest, protecting the buyer against later liens and sales by the seller, without recording the full contract.
A Michigan quit claim deed transfers whatever interest the grantor has, with no warranty of title. It follows Michigan’s statutory short form (MCL 565.152) and is often used between family members.
These forms are a free convenience, not legal advice. First Choice Mobile Notary & Apostille is not a law firm. Consult an attorney licensed in the relevant state for legal questions.