MI Operations Summary

From WFG Wiki

Licensed Entity:

Banking Information

  • Bank account -- <<INSERT ACCOUNT #/ROUTING #/BANK NAME>>
  • Checks stale dated after -- ___ days of issuance
  • Good Funds Law -- No statute
  • Disbursements Requirements -- <<INSERT IF WFG REQUIRES CD?>>
  • Special Bank Requirements (IOLTA/IOTA/OTHER or account specific to that state’s funds) -- None

Escrow/Settlement

  • Who can prepare the HUD -- No restrictions
  • Who can sign the HUD (EO/LTP/Attorney) -- No restrictions
  • Who orders hazard insurance -- Customary -
  • When is transaction consummated for new HUDS --
  • Record before/after disburse -- Disburse then record
  • Filed/restricted escrow rates -- No
  • Record retention requirements --
  • Is an attorney involved in the closing -- No
  • Who can handle loan document signing -- Notary
  • Doc Prep Restrictions -- Fill in blanks on insured transaction at no charge is OK
  • Use Escrow Instructions or not -- No
  • Use Estimated HUD or Final -- Final
  • Pass-thru charges -- No restrictions
  • Rates Inclusive or not -- Inclusive of Search and exam
  • Up Charging -- No restrictions
  • Junk Charges -- No restrictions
  • Special HUD Requirements -- No
  • Special Disclosures -- No
  • CPL --
  • UPL Issues -- Fill in blanks on insured transaction at no charge is OK 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.
  • Joinder of non-titled spouse -- The non-owning spouse must join in a mortgage other than a purchase money mortgage. The non-owning spouse is not required to join in a purchase money mortgage. A non-owning wife must sign on a deed to sell property to release her Dower interest, but a non-owning husband does not need to join in on a conveyance by the wife. Michigan does not recognize civil unions.
  • Survey Required -- No

Audits

  • Required --

Recording Process

  • E-recording --
  • Record before disbursement -- Disburse then record
  • Special recording procedure -- Transfer Affidavit/Tax Affidavit

Recording/Document Requirements

  • Marital Status Stated -- Yes
  • Transfer Tax -- Yes $7.50 per thousand for State; plus $1.10 per thousand for County
  • Mortgage Tax -- NO
  • Address for grantor/grantee/property -- All parties required
  • Witnesses -- No longer required.
  • Names typed/printed -- Yes
  • Prepared by/return to -- Name and address of preparer required
  • Notary Stamp/requirements -- Special notary block
  • Parcel or tax index number -- Required in legal
  • Recitation of Consideration --
  • Derivation Clause -- Yes
  • Corporate Signatures/Attestation --
  • Ink Color/Font -- Black/ 10 pt minimum
  • Legal Description -- State/county/municipality in 1st paragraph
  • Margins -- 2/5” top 1st page; .5” all others
  • Other Special Recording: -- Transfer Affidavit/Tax Affidavit

Document Types

  • Conveyance -- Warranty Deed, Quitclaim Deed, fiduciary deeds, Covenant DeedA limited warranty deed or Special Warranty Deed cannot be used in Michigan because statutes prohibit the limiting of warranties.
  • Security Instrument -- Mortgage
  • Release -- Discharge of Mortgage

Tenancies

  • Tenants in Common -- Yes
  • Joint Tenants -- No
  • Tenancy by Entireties -- Yes
  • Community Property -- No
  • Homestead -- Yes
  • Joinder of Non-titled Spouse -- Mixed Rules. The non-owning spouse must join in a mortgage other than a purchase money mortgage. The non-owning spouse is not required to join in a purchase money mortgage. A non-owning wife must sign on a deed to sell property to release her Dower interest, but a non-owning husband does not need to join in on a conveyance by the wife. Michigan does not recognize civil unions.

Taxes

  • Taxes Levied -- WARNING – Major property tax claims in MI
  • Taxes due --
  • Delinquent --

Commitment/Policy Special Requirements

  • Who can sign Commitment/Policy -- Licensed Title Producer
  • Other --

Payment Customs

  • Seller pays Owner’s policy
  • Seller pays Transfer tax and recording fee
  • Seller pays Survey charges
  • Buyer pays Closing/settlement charges

Post Closing Requirements

  • Recon follow up required --