Sec. 41.
(1) Within the applicable time period in section 44(2) after a mortgage has been paid or otherwise satisfied, the mortgagee or the personal representative, successor, or assign of the mortgagee shall prepare a discharge of the mortgage, file the discharge with the register of deeds for the county where the mortgaged property is located, and pay the fee for recording the discharge.
(2) If a discharge of mortgage received by a register of deeds under subsection (1) is not recorded on the day it is received, the register of deeds shall place on or attach to the discharge, by means of a stamp, electronically, or otherwise, the date the discharge is received. The date placed on or attached to the discharge under this subsection is prima facie evidence of the date the discharge was filed with the register of deeds.
History: Add. 1964, Act 110, Eff. Aug. 28, 1964 ;-- Am. 2004, Act 447, Imd. Eff. Dec. 27, 2004
Structure Michigan Compiled Laws
Chapter 565 - Conveyances of Real Property
R.S. of 1846 - Revised Statutes of 1846 (565.1 - 565.49)
Section 565.1 - Conveyance of Land Made by Deed.
Section 565.3 - Quit Claim Deed; Estate Passed.
Section 565.4 - Conveyance of Greater Estate Than Possessed; Effect.
Section 565.5 - Covenants; Implication in Conveyance.
Section 565.6 - Covenants; Implication in Mortgage.
Section 565.7 - Conveyance of Land Adversely Possessed; Validity.
Section 565.9 - Execution of Deed in Another State; Governing Law, Acknowledgment.
Section 565.13 - Conveyance by Nonresident Married Person; Effect; Procedure.
Section 565.14 - Deed; Failure to Acknowledge; Proof by Witness of Execution.
Section 565.16 - Deed; Refusal to Acknowledge; Application to Circuit Court; Summons to Grantor.
Section 565.17 - Deed; Proof of Execution; Certificate of Court.
Section 565.18 - Deed; Refusal to Acknowledge; Proof of Execution by Proving Handwriting.
Section 565.19 - Subscribing Witnesses; Subpoenas for Attendance.
Section 565.21 - Unacknowledged Deed; Filing of Copy by Person Interested; Effect.
Section 565.22 - Unacknowledged Deed; Effect of Filing; Continuation.
Section 565.26 - Repealed. 2008, Act 358, Imd. Eff. Dec. 23, 2008.
Section 565.27 - Recorded Instruments; Contents.
Section 565.30 - Deeds of Church Pews and Slips; Recording.
Section 565.32 - Unrecorded Deed of Defeasance; Validity Against Person Without Notice.
Section 565.33 - Assignment of Mortgage; Effect of Recording.
Section 565.34 - Purchaser; Definition.
Section 565.35 - Conveyance; Definition.
Section 565.37 - Power of Attorney to Convey Lands; Recording of Revocation.
Section 565.38 - New County; Transcription of Instruments; Effect, Compensation of Register.
Section 565.39 - Device Used as Seal; Effect; Application to Official Seals.
Section 565.41 - Discharge of Mortgage; Payment of Filing Fee by Mortgagee; Date of Discharge.
Section 565.44 - Discharge of Mortgage; Refusal; Civil Liability; Penalty; Time Periods.
Section 565.47 - Recording by Register of Deeds; Acknowledgment Required.
Section 565.48 - Deed by Surviving Joint Tenant of Lands; Recording; Certified Copy of Death.