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jmorse35 · May 15, 2011, 09:11 PM

Does a land contract need to be notarized to be recorded in Michigan and what if it isn't notarized or recorded is it still a legal binding document?

ScottGem · May 16, 2011, 04:03 AM

A contract needs to be signed to be legally binding. Notarization simply means that the signatures were witnessed and the identities verified by the notary.

Recording rules may be set at the county level so you should inquire with the county registrar of deeds. It is smarter to register to record your interest in the property, especially if there is an existing mortgage on it.

Fr_Chuck · May 16, 2011, 05:16 AM

It does not have to be notarized or recorded to be legal and binding,

If I was the buyer, I would require it, alone with a title search to be sure the person who is selling it, actually owns it, And also to see if and what the current loan on the property is.

AK lawyer · May 16, 2011, 05:26 AM

Originally Posted by ScottGem

A contract needs to be signed to be legally binding. ...

I am sure this is a typo. ScottGem, you meant to say "... contract doesn't need to be notarized... ", correct?

And yes, of course it needs to be signed, but I don't think that's the issue is it?

jmorse35 · May 16, 2011, 05:38 AM

Thank you for your quick responses. I am getting a house through land contract and they don't want to have it notarized, the owner is my boyfriends grandmother and we wanted to be protected so that if something happens to his grandmother that they can't sell house out from under us and we didn't know if it needed to be notarized and recorded or if we could just record it without notarization. I will be calling the county this morning, will keep updated.Thank you

AK lawyer · May 16, 2011, 06:26 AM

Originally Posted by jmorse35

... they don't want to have it notarized, ... we wanted to be protected so that if something happens to his grandmother that they can't sell house out from under us and we didn't know if it needed to be notarized and recorded or if we could just record it without notarization. I will be calling the county this morning, will keep updated.Thank you

It's very unlikely that it can be recorded without being notarized and you are right: recording is very important to protect you.

Why don't "they" (grandmother?) want it notarized? Is it just a matter of the inconvenience of taking it to a notary, or are "they" afraid that if it is recorded it would be more difficult to take the land back if you should default?

As an aside: you should also consult an attorney to protect yourself with respect to your financial relationship with your "boyfriend". The law was not designed for long-term domestic relatonships without marriage. As a result, there are innumerable financial pitfalls. For example, do you know that, should something happen to him, you would not inherit his interest in the property?

jmorse35 · May 16, 2011, 10:26 AM

Originally Posted by AK lawyer

It's very unlikely that it can be recorded without being notarized and you are right: recording is very important to protect you.

Why don't "they" (grandmother?) want it notarized? Is it just a matter of the inconvenience of taking it to a notary, or are "they" afraid that if it is recorded it would be more difficult to take the land back if you should default?

As an aside: you should also consult an attorney to protect your self with respect to your financial relationship with your "boyfriend". The law was not designed for long-term domestic relatonships without marriage. As a result, there are innumerable financial pitfalls. For example, do you know that, should something happen to him, you would not inherit his interest in the property?

The land contract will be in both of our names, and it is the grandmothers son who doesn't want it to be notarized,his grandmother doesn't have a problem with it being notarized. My boyfriend and I have been together for 11yrs and all the finances belong to me, I think we could have land contract worded to reflect that if something happens to my boyfriend that land contract will be transferred to just myself. Thank you

ScottGem · May 16, 2011, 05:33 PM

First, I meant what I said. A contract only needs to be signed to be valid.

As I also said, notarization only means that the signatures were witnessed and IDs verified.

I think you need an attorney to review this contract and make sure your rights are protected.

joypulv · May 17, 2011, 09:42 AM

If anyone at all is objecting to any part of the usual process, then I would try to find out why. I'd also do a title search, even though your boyfriend's grandmother is the owner. What if, for example, it was never actually in her name after her husband died.. there are many ways to cloud a title.