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FW: County Register/Mortgage Recording Issues and MI Supreme Court




-----Original Message-----
From: Candace Crowley [mailto:CCROWLEY@mail.michbar.org] 
Sent: Tuesday, August 29, 2006 11:57 AM
To: Candace Crowley
Subject: County Register/Mortgage Recording Issues and MI Supreme Court

Dear Local Bar Leaders: 
Please consider forwarding this message to any of your members who are
interested in real property law issues and the challenging situation
described. The Eastern District Bankruptcy Court has certified this question
to the Michigan Supreme Court and asked it to resolve the issue, which is
not controlled by any Michigan precedent:  
"When a county register of deeds does not maintain an "entry book" as
identified in MCL 565.24 and 565.25,when, if ever, is a mortgage deemed
"recorded"?

The question is prompted by evidence in numerous cases that the various
county registers of deeds have taken time periods from several days to
several months to process mortgages, and that not all county registers of
deeds maintain the "entry book" required by Michigan statute.  
There are several possible interpretations of when a mortgage is deemed
recorded in these circumstances, and each could substantially affect the
rights of the debtor and the mortgage company.  The Real Property Law
Section is interested in hearing from any practitioners who may have
information on local practices and/or an interest in considering amicus work
on this issue.  Please contact C. Leslie Banas at lbanas@honigman.com if you
have an interest in this matter.

Candace Crowley P32078
State Bar of Michigan Development and External Affairs Manager
306 Townsend Street Lansing, MI  48933-2083
1.800.968.1442, ext. 6319
Direct:  517.346.6319
Fax: 517.372.1139
e-mail:  ccrowley@mail.michbar.org 


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