Sec. 42.
Any mortgage shall also be discharged upon the record thereof by the register of deeds, in whose custody it shall be, whenever there shall be presented to him a certificate executed by the mortgagee, his personal representative or assigns, acknowledged, approved and certified as in this chapter provided, to entitle conveyances or instruments in writing in any wise affecting the title to lands to be recorded, specifying that such mortgage has been paid, or otherwise satisfied or discharged; or upon the presentation to such register of deeds of the certificate of the circuit court, signed by the judge of said court, and under the seal thereof, certifying that it has been made to appear to said court that said mortgage has been duly paid, or upon the presentation to such register of deeds of a certificate of the register in chancery of the county and under the seal thereof certifying that a decree of foreclosure of any such mortgage has been duly entered in his office, and that the records in his office shows that such decree has been fully paid and satisfied.
History: R.S. 1846, Ch. 65 ;-- CL 1857, 2761 ;-- Am. 1867, Act 102, Imd. Eff. Mar. 26, 1867 ;-- CL 1871, 4244 ;-- Am. 1875, Act 47, Eff. Aug. 3, 1875 ;-- How. 5702 ;-- CL 1897, 9008 ;-- CL 1915, 11743 ;-- CL 1929, 13316 ;-- CL 1948, 565.42 Compiler's Notes: The register of chancery, referred to in this section, is now clerk of the circuit court. See MCL 600.571.
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.