MEMORANDUM OF UNDERSTANDING (MOU) Between Oakland County Register of Deeds and

Transcription

1 MEMORANDUM OF UNDERSTANDING (MOU) Between Oakland County Register of Deeds and THIS MEMORANDUM OF UNDERSTANDING (hereinafter MOU ) is made and executed as of this day of, 20 by and between the Oakland County Register of Deeds (hereinafter referred to as ROD ), and, (hereinafter referred to as SUBMITTER ). The purpose of this MOU is to outline the agreement and procedures and authentication required to record documents electronically through the Oakland County OCEDEEDS portal. The responsibilities established by this MOU are intended to assure that the Electronic Recording System is secure and that operating procedures are sufficient to assure the continuing security. GENERAL DUTIES AND RESPONSIBILITIES A. SUBMITTER acknowledges that it is a voluntary participant. B. SUBMITTER must use a MasterCard, VISA or Discover credit card account for payment of recording fees. C. SUBMITTER is wholly responsible for the scanning, transmission, and submission of documents. The submitter company and / or its employees attest to the accuracy and completeness of the electronic records and acknowledge responsibility for the content of the documents submitted through the OCEDEEDS portal. Should a dispute or legal action arise concerning an electronic transaction, the County and the OCEDEEDS portal will be held harmless and not liable for any damages. D. SUBMITTER agrees that documents submitted for e recording will comply with the statutory recording requirements set by the State of Michigan. Signatures must be original; names must be typed or printed beneath all signatures. (MCLA Sec 1 A, E) No discrepancy shall exist between names printed in notary acknowledgment or signatures. (MCLA Sec 1 B) Instrument conveying or mortgaging shall state marital status of all male grantor/mortgages. (MCLA ) Name and address of all parties must appear on the instruments that convey or encumber real estate. (MCLA Sec 1 A, ) Name and address of the person who drafted the document must be shown on the document. (MCLA A, ) Documents executed in Michigan require notary public acknowledgment with signature, county of certification, name of party(s) being acknowledged and expiration date. (MCLA 565.8) Certified copy of a Death Certificate or copy of proof of death must be recorded when "survivor" is indicated on the document. (MCLA ) Court Orders must be certified and sealed by the Clerk of the Court. (MCLA , ) The document must be: legibly printed or typed in black ink, type size 10pt, white 20lb paper with a blank margin of 2 1/2" at the top of the first page and 1/2" on all other margins. Paper size must be 8 1/2" x 11" and not larger than 8 1/2" x 14". Signatures may be in black or blue ink. (MCLA Sec 1) Documents must display on the first line of print on the first page a single statement identifying the recordable event that the instrument evidences. (MCLA Sec 1(h), Sec 3) Total value of real property must be stated on the face of the document or affidavit attached. (MCLA , ) Land contracts, warranty deeds or any other deed containing a warranty clause must be tax certified at the Oakland County Treasurer's Office.

2 E. SUBMITTER agrees to notify RECORDER of system users who leave employment of SUBMITTER or who change office locations in writing within five (5) business days. RECORDER shall delete or modify security access for those individuals. SUBMITTER agrees that access to OCEDEEDS is on an as is basis. SUBMITTER may remit suggestions for enhancements to RECORDER for consideration. ARTICLE III TECHNICAL REQUIREMENT Format of the transmitted File: The extended PRIA file format will be used as defined by Government Records Management. Images will be in multi page Group IV TIFF format. Imaging Standards: Documents will be scanned at 200 dpi. Documents will be scanned in portrait mode. Document images will be captured as multi page Group IV TIFF images. Scanned documents will be legible. Legible in this instance means a clear, readable image including signatures and notary seals and in which all portions of each page are captured. Signed this day of, 20. Company name: By: Title of person signing: Once form is completed please fax to Laura Thierbach or Cynthia Fisher at or e mail completed form to deeds@oakgov.com.

3 SUBMITTER CONTACT/USERS Submitter Organization Name: County: Address: Address 2: User Data Proper Name: User ID Organization ID Department Mailing Address: User Data Proper Name: User ID Organization ID Department Mailing Address:

4 **If you need to register more users, please print multiple pages of this contact sheet.** FYI THINGS YOU NEED TO KNOW WHEN E RECORDING DOCUMENTS *Documents recorded at the OCEDEEDS site are recorded in real time. Payment for statutory recording fees must be done by credit or debit card. MasterCard, VISA or Discover card. *Each transaction is a receipt. If you need separate receipts for each file or case number in your office then submit each file number or case number separately. *Because documents are recorded in real time, recording fees are collected at the time documents are submitted, if a transaction contains multiple documents and one or more is rejected then the entire transaction will be returned unrecorded. To avoid this from happening only submit related documents on the same transaction. Such as the deed and mortgage for the same party. *When entering any type of deed remember to enter the appropriate transfer tax code which will be either both county and state transfer tax, county only or exempt. If county and state transfer tax is paid and the deed should only have been charged county it will be the submitters responsibility to apply for a refund from the State of Michigan Dept. of Treasury. Oakland County cannot refund state transfer tax once it has been collected. *When entering a chain of documents such as deed, deed, mortgage make sure that the deeds are submitted in the correct order. If submitting a first and second mortgage make sure that the first mortgage is submitted first. *If you have a document that needs to reflect the liber and page number of a previously recorded document please wait until the first document has been assigned a liber and page, write the information on the subsequent document and then scan and submit the second document. Example: a subordination or assignment of mortgage or a deed that needs to show the liber and page of a death certificate. For a subordination of mortgage only you may show recorded concurrently herewith on the subordination but make sure it is submitted immediately after the mortgage. *Make sure all documents have a complete legal description on them. Also, please make sure each document has a current, complete and accurate parcel identification number on it. *Documents executed in another state that do not have a 2 ½ inch top margin need to be brought in to the office or mailed for recording or you may make a coversheet to attach as the first page and then e record it. On the cover sheet please include the document type and parties involved. *The following documents cannot be recorded electronically: Sheriff s Deeds and Clerk s Deeds Affidavit of Payment of Taxes or Insurance Affidavit of Abandonment Assignment of Interest in Sheriff s Deed Acknowledgment of Redemption UCC documents Tax liens and releases from the State of Michigan or IRS Any deed that has a Valuation Affidavit attached to it Plats or Subdivision Restrictions

5 Master Deeds or Amendments to Master Deeds PRIVACY POLICY Information that is collected when you visit this site The purpose of this Web site is to provide a portal that will allow you to submit documents for recordation in the Oakland County Register of Deeds office through a secure connection. No personally identifiable information is collected about you while on this site. Information that you provide voluntarily Credentials for this site are provided by the Oakland County Register of Deeds office after signing a Memorandum Of Understanding (MOU). Within that document you will provide the County with contact information that can be considered personal information. If you send an electronic mail message with a question or comment that contains personally identifiable information, or fill out a form that mails us this information, we may redirect your message to another person or department within Oakland County that is in a better position to answer your question. Any personally identifiable information that you give us will be used to respond to your request. Information that is stored electronically The Oakland County Register of Deeds site uses an e commerce function that allows you to submit electronic payments. In order to complete the current transaction, your credit card information is entered directly on a PayPal check out site via a secure connection. We do not store credit card information. The Michigan Freedom of Information Act controls access to personally identifiable information and public records at the County s Web site. Information you supply to us through the MOU may be subject to disclosure to anyone who asks. Additionally, the County could be subject to court order or subpoena to divulge personally identifiable information. REFUND POLICY No Refunds will be issued from this site Because the Oakland County Register of Deeds RECORDS are permanent and cannot be removed, any fees paid will not be refunded.