This form is an Authority to Release. The county clerk is authorized and requested to release from a deed of trust a parcel of land to the executor of the estate. The form must be signed in the presence of a notary public.
Michigan Authority to Release of Deed of Trust
State:
Multi-State
Control #:
US-00186
Format:
Word;
Rich Text
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How to fill out Authority To Release Of Deed Of Trust?
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FAQ
In Michigan, a deed must be signed by the grantor, notarized, and recorded to the Register of Deeds for the property transfer to be considered valid and effective.
RECORDING REQUIREMENTS Documents must have all original signatures and the names must be printed, stamped, or typed beneath the signatures. Documents executed in Michigan which convey or encumber real estate require a notary's acknowledgment.
A court may terminate the trust when the trustee and settlor agree. Fredricks v Near, 260 Mich 627, 245 NW 537 (1932). However, Michigan law does not permit the trustee and beneficiaries to agree to terminate trusts if to do so would violate a material purpose of the trust.
(a) Two years after the settlor's death. (b) Six months after the trustee sent the person a notice informing the person of all of the following: (i) The trust's existence. (ii) The date of the trust instrument.
If a deed is not recorded, it is virtually impossible for the public to know that the transfer of the property occurred, and the legal owner of the property could appear to be the prior owner rather than the new grantee. Numerous problems can then occur.
Michigan deeds are recorded with the register of deeds office for the county where the property is located.
Michigan Statute: The Michigan Trust Code contains a section that authorizes the removal of a trustee. [MCL 700.7706.] It provides that the settlor, a co-trustee, or a qualified trust beneficiary may request a probate court to remove a trustee, or a trustee may be removed on the probate court's own initiative.
As the buyer of a property, you are the one responsible for recording the deed. Deeds for real estate need to be filed directly with the municipality or county where the property is located. The documents must be signed, witnessed, and notarized in order to be registered.