Bill > HB5366

This bill amends Section 25 of the 1846 Revised Statutes of Michigan, which deals with the recording of instruments such as liens and attachments. The key provisions of the bill are: 1. Except in certain cases, the recording of an encumbrance instrument is not valid unless it is accompanied by a full accounting of the facts supporting the encumbrance and proof of service of notice to the recorded landowner. 2. The requirements in (1) do not apply to certain instruments, such as tax liens, instruments authorized by state or federal statute, consensual agreements between the property owner and the encumbering party, court-ordered encumbrances, and encumbrances filed by various commercial lending institutions defined in the bill. 3. Persons who encumber property without lawful cause and with the intent to harass or intimidate can be liable for penalties under the Revised Judicature Act. The bill is tie-barred with House Bill 5354, meaning it will only take effect if that bill is also enacted into law.

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http://legislature.mi.gov/doc.aspx?2023-HB-5366