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MI HB5866
Bill
Status
9/13/2016
Primary Sponsor
Leslie Love
Click for details
AI Summary
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Establishes that falsely making, altering, forging, or counterfeiting deeds, mortgage discharges, powers of attorney, or other documents affecting real property interests with intent to defraud is a felony punishable by imprisonment for not more than 14 years.
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Excludes scrivener's errors from prosecution and establishes venue for prosecutions in the county where forgery occurred, where the forged document was used, or where the rightful property owner resides.
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Requires circuit courts to enter an order declaring forged documents invalid upon conviction and mandates recording of the invalidation order with the register of deeds in the county where the property is located.
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Creates a presumption that a document is false, counterfeit, or fraudulent if the Secretary of State has no record of the notary public listed or if the notary testifies they did not witness the document's signing.
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Allows the presumption of forgery to be rebutted by clear and convincing evidence and takes effect 90 days after enactment.
Legislative Description
Criminal procedure; evidence; presumption that certain documents affecting real property are forged or counterfeit; create. Amends sec. 248b of 1931 PA 328 (MCL 750.248b).
Property: recording
Last Action
Bill Electronically Reproduced 09/13/2016
9/14/2016