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MI HB5866

Bill

Status

Introduced

9/13/2016

Primary Sponsor

Leslie Love

Click for details

Origin

House of Representatives

98th Legislature

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Judiciary9/13/2016

Full Bill Text

No bill text available