MI Underwriting Summary

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Revision as of 16:42, 28 October 2014 by Abfields (talk | contribs)

Search/Exam

  • Minimum Search Requirements -- No Statute. Marketable Title Act – 40 years
  • Plant or other search restrictions -- No
  • Additional Requirements for REO Searches --
  • Foreclosure Checklist --
  • Special Searches Required (Code, HOA, Utilities)? -- WARNING – property tax issues -
  • Survey Requirements -- No


UPL

Attorney involvement is not required for title searches or issuance of policies. However, an attorney must draft “non-form” instruments if the seller is unwilling to act as drafter.

Vesting

Witness Requirements

No longer required.

Property Tax

Mortgage/Transfer Tax

No Mortgage Tax. Deed transfer taxes are provided by statute and uniform across the state. The taxes are based upon the total value of the property being conveyed. The rates are:

$7.50 per thousand for State; plus $1.10 per thousand for County

Spousal Joinder Requirements/Homestead

Power Of Attorney

Construction Liens

Foreclosure Review

Instrument Requirements

Who May Serve As Trustee On Deed Of Trust

Mortgages only. Deeds of Trust may not be recognized.

Time Limitations

  • US Judgment Liens -- 20 years
  • State Court Judgment Liens --
  • Federal Tax Liens -- 10 years (+ 30 days)
  • State Tax Liens --
  • Estate Tax Lien -- 10 years
  • State Inheritance Tax Liens --
  • Mechanics Liens --
  • Financing Statements --
  • Mortgages --
  • HOA Liens --
  • Condominium assessments --
  • Child Support Liens --


Odd Stuff

  • Usury coverage through an endorsement is available. The usury statute is MCL § 438.31 et sec.