- July 23, 2009
- All Michigan Issuing Offices
- Do Not Insure Recorded Scanned Documents
While some Michigan Registers of Deeds accept electronic recording of scanned documents, there is a question as to whether Michigan law authorizes this procedure. While we conclude that such recording does impart constructive notice, until appropriate legislation is adopted in Michigan you are not authorized to issue a Stewart Title Guaranty Policy if the documents are electronically recorded or transmitted to the Register of Deeds. You may insure only when the paper documents are recorded by the Register of Deeds. If a search discloses prior recording of scanned documents in the chain of title, you are not required to except to that recording.
If you have questions relating to this bulletin, please contact your local underwriting personnel or Stewart Legal Services.
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THIS BULLETIN IS FURNISHED TO INFORM YOU OF CURRENT DEVELOPMENTS. AS A REMINDER, YOU ARE CHARGED WITH KNOWLEDGE OF THE CONTENT ON VIRTUAL UNDERWRITER AS IT EXISTS FROM TIME TO TIME AS IT APPLIES TO YOU, AS WELL AS ANY OTHER INSTRUCTIONS. OUR UNDERWRITING AGREEMENTS DO NOT AUTHORIZE OUR ISSUING AGENTS TO ENGAGE IN SETTLEMENTS OR CLOSINGS ON BEHALF OF STEWART TITLE GUARANTY COMPANY. THIS BULLETIN IS NOT INTENDED TO DIRECT YOUR ESCROW OR SETTLEMENT PRACTICES OR TO CHANGE PROVISIONS OF APPLICABLE UNDERWRITING AGREEMENTS. CONFIDENTIAL, PROPRIETARY, OR NONPUBLIC PERSONAL INFORMATION SHOULD NEVER BE SHARED OR DISSEMINATED EXCEPT AS ALLOWED BY LAW. IF APPLICABLE STATE LAW OR REGULATION IMPOSES ADDITIONAL REQUIREMENTS, YOU SHOULD CONTINUE TO COMPLY WITH THOSE REQUIREMENTS.