The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 6757 April 6, 1993 REAL PROPERTY: Mortgage discharge instrument RECORDS AND RECORDATION: Mortgage discharge instrument A financial institution may discharge more than one mortgage in a common document involving more than one mortgagor and the discharge document may be recorded by the appropriate Register of Deeds. A mortgage discharge instrument may reference the liber and page at which the mortgage being discharged is recorded without listing the full legal description on the discharge instrument. A mortgage discharge instrument may not be signed by a facsimile, rubber stamp, or other electronic or mechanical means. Honorable Dick Posthumus State Senator The Capitol Lansing, Michigan You have sought my opinion on three questions regarding Michigan's procedure for executing and recording mortgage discharge instruments. Your first question is whether a financial institution may discharge more than one mortgage in a common document involving more than one mortgagor and, if so, whether such a document may be recorded by the appropriate Register of Deeds. Research discloses no impediment to the discharge of more than one mortgage by a single document involving more than one mortgagor and the recording of such a document by the appropriate Register of Deeds. In fact, section 2567 of the RJA, MCL 600.2567; MSA 27A.2567, expressly recognizes the practice of discharging more than one mortgage by a single document. To quote, in pertinent part, from section 2567: (1) A register of deeds is entitled to the following fees, which are not taxable as costs except as indicated: (a) For entering and recording a deed, mortgage, certified copy of an attachment, notice of the pendency of a suit, or other instrument, $5.00 for the first page and $2.00 for each additional and succeeding page. If a document assigns or discharges more than 1 instrument, $1.00 shall be added to the page price for each additional instrument assigned or discharged. The fee shall be paid when the deed, mortgage, certified copy of an attachment, notice of the pendency of a suit, or other instrument is left for record. [ Emphasis added.] It is my opinion, therefore, in answer to your first question, that a financial institution may discharge more than one mortgage in a common document involving more than one mortgagor and the discharge document may be recorded by the appropriate Register of Deeds. Your second question is whether a mortgage discharge instrument may reference the liber and page at which the mortgage being discharged is recorded without listing the full legal description on the discharge instrument. This seems to be fairly common practice. In fact, the Michigan Land Title Standards 5th Edition (State Bar of Michigan, 1988) Standard 16.5 Effectiveness of Discharge of Mortgage states: Problem A: A discharge of mortgage correctly recites the liber and page of a recorded mortgage and the names of the parties thereto but does not correctly set forth the date thereof. Is the discharge valid? Answer: Yes. In mortgage foreclosure cases it has been held that the giving of correct recording information in a notice of sale will prevent anyone from being misled by the date of the mortgage being incorrectly set forth therein. By analogy, the correct reference in the discharge to the liber and page of the mortgage should override any discrepancy as to the date thereof. Authorities: Problem A: Reading v Waterman, 46 Mich 107, 8 NW 691 (1881); Brown v Burney, 128 Mich 205, 87 NW 221 (1901). The primary object of the description of lands in an instrument of conveyance is to identify the property. Bradford & Co v Baxter, 203 Mich 233, 239; 168 NW 947 (1918). If the mortgage identified by the liber and page of its recording contains a correct legal description of the land, there would be no question as to the land affected. It is my opinion, therefore, in answer to your second question, that a mortgage discharge instrument may reference the liber and page at which the mortgage being discharged is recorded without listing the full legal description on the discharge instrument. Your third question is whether a mortgage discharge instrument may be signed by a facsimile, rubber stamp, or other electronic or mechanical means. To qualify for recordation, a discharge of mortgage must be executed and acknowledged in the same manner as deeds and other instruments of conveyance. RS 1846 chap. 65, sections 41 and 42, MCL 565.41 and 565.42; MSA 26.558(1) and 26.559, provide: A mortgagee or his personal representative, successor or assign, within 90 days after a mortgage has been paid or otherwise satisfied and discharged, shall prepare and file a discharge thereof with the register of deeds for the county where the mortgaged property is located and pay the fee for recording the discharge. Any mortgage shall also be discharged upon the record thereof by the register of deeds, in whose custody it shall be, whenever there shall be presented to him a certificate executed by the mortgagee, his personal representative or assigns, acknowledged, approved and certified as in this chapter provided, to entitle conveyances or instruments in writing in any wise affecting the title to lands to be recorded, specifying that such mortgage has been paid, or otherwise satisfied or discharged. [ Emphasis added.] Section 8 of RS 1846 chap. 65, MCL 565.8; MSA 26.527, provides: Deeds executed within this state of lands, or any interest in lands, shall be executed in the presence of 2 witnesses, who shall subscribe their names to the deed as such and the persons executing the deeds may acknowledge the execution before any judge, clerk of a court of record, or notary public within the state. The officer taking the acknowledgment shall endorse on the deed a certificate of the acknowledgment, and the true date of taking the acknowledgment, under his or her hand. The above-quoted statutory provisions do not authorize signing a mortgage discharge instrument by the means described in your inquiry. The person executing a discharge and the person taking the acknowledgment must each affix his or her signature by writing their names. It is my opinion, therefore, in answer to your third question, that a mortgage discharge instrument may not be signed by a facsimile, rubber stamp, or other electronic or mechanical means. Frank J. Kelley Attorney General