Deeds act as documentation, or proof, of the conveyance of a property from one party to another. The validity of a deed is determined by the wording, or verbiage, within the deed and weather it meets recording requirements of the state and county in which the property lies. Once a deed is recorded, it becomes part of the chain of title of the property. Quitclaim deeds in Michigan must meet certain criteria before they can be filed on record with the Register of Deeds.
Certain information must be listed within the body of the quitclaim deed. The name and address of the person who prepared the document must be included. Also, the names and addresses of the parties involved in the transfer, the grantor and grantee, must be listed. Michigan requires that a complete legal description of the property must be included in the text of the deed, or listed as an attachment. The legal description must also be correct.
All persons signing the deed should sign in black ink. When submitting the deed to be recorded, the signatures must be original. A notary public must witness the deed signing. The notary acknowledgment section needs to be completed and signed by the notary. The notary's seal or stamp must be completely legible.
Quitclaim deeds executed in the state of Michigan should be printed on letter or legal size paper. The Register of Deeds will generally not accept deeds printed on paper that is larger than 8.5 by 14 inches. Additionally, Michigan Legislature states that the top of the first page must include a 2.5 inch margin of blank space.
Fees and Taxes
If the quitclaim deed has a valuable consideration listed, the deed will need to be certified with the County Treasurer before being recorded. This ensures there are no delinquent property taxes owed on the parcel. Additionally, the county will assess a transfer tax fee based on a fraction of the consideration. If a valuable consideration is not listed, the county will charge recording fees on a per-page basis. These fees must be paid at the time of recording.
The Register of Deeds has the ability to reject a quitclaim deed if it is invalid. Corrections must be made to the deed before resubmission. Generally, quitclaim deeds do not list a valuable consideration. This is because quitclaim deeds often add or remove an individual from the title who is related to the current owners.
- Wayne County Register of Deeds: Document Recording
- Michican Legislature: Section 565.201
- HG.org. "Contracts 101—Warranty vs Quitclaim Deeds." Accessed Aug. 12, 2020.
- Realtor.com. "When Do You Need to Get a Quitclaim Deed?' Accessed Aug. 12, 2020.
- DivorceNet. "Interspousal Transfers Versus Quit Claim Deeds." Accessed Aug. 12, 2020.
- California State Board of Equalization. "Property Ownership and Deed Recording," Page 7. Accessed Aug. 13, 2020.