Bulletin: MI2020002

Date:
May 07, 2020
To:
All Michigan Issuing Offices
RE:
UNDERWRITING - Governor’s Executive Order No. 2020-74

Dear Associates:

Please be advised that Tuesday evening, May 5, Michigan Governor Gretchen Whitmer issued Executive Order No. 2020-74 extending the provisions of her e-signature program established in Executive Order 2020-41 through June 30, 2020, 11:59pm (see attached). EO 2020 -74 reaffirms the guidelines for the encouragement of the use of two-way, real-time audiovisual technology and remote online notarizations (RON) during the COVID -19 pandemic. Please review all the requirements of Stewart Bulletin MI2020001 which will remain in effect through the above-identified extension date and time (link below).

Also, please be aware that on April 23, 2020, the Michigan Electronic Records Commission adopted Standards as mandated in the provisions of the Michigan Uniform Real Property Electronic Recording Act (MURPERA - MCL 565.841 et. seq.) (see attached). While the provisions of the Standards primarily address the practices and processes of the Register of Deeds in the receipt of electronic documents, it should be noted that Standard 10 B provides for a “paper out” solution for counties that are not currently equipped to accept electronic recordings. This process allows for recording of a copy of the electronic document if the electronic document is:

  • in compliance with the Michigan Recording Act,
  • is certified under oath by a person familiar with the electronic record that such non-electronic document is a true copy of the electronic record, and
  • such certification is subscribed and sworn to by the certifying person before a notary public or other public officer authorized to take oaths.

As always, contact the appropriate Register of Deeds office before attempting to submit a paper out copy of the electronic record to assure that it will be accepted for recording.

Please note that remote notarization and Remote Online Notarization are different processes with different requirements. 

If you have any questions relating to this or other bulletins, please contact a Stewart Title Guaranty Company underwriter.

For on-line viewing of this and other bulletins, please log onto www.vuwriter.com.

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.