By Alexandra Dieck, Bodman PLC
On December 28, 2018, the Michigan Legislature passed Senate Bill No. 671 amending the Marketable Record Title Act, Act 200 of 1945 (MTA). Once a lame duck long shot, PA 572 becomes effective March 29, 2019. While brief, PA 572 is rife with implications and uncertainties for real estate owners, buyers, and sellers. MTA generally states that in order to claim an unbroken chain of title (i.e., presumptive marketable title), there must be a conveyance or other title transaction at least forty years prior (twenty years for mineral interests) which purports to create an interest in a person with no subsequent recorded document purporting to divest that person of the interest.
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