How to File a Michigan Title Affidavit of Correction

A Michigan Affidavit of Correction is a notarized sworn statement recorded with the county register of deeds to fix a scrivener’s error in a document already on the public record, such as a misspelled name or a transposed digit in a deed. You record it in the county where the property sits, the fee is $30, and the original document stays in the record with the affidavit attached to explain the correction.¹²

Errors an Affidavit Can Fix

Under MCL 565.451d, the affidavit is designed for scrivener’s errors and scrivener’s omissions — the kind of mistakes that happen during drafting and transcription rather than problems with the underlying transaction.³ Typical examples:

A grantor’s or grantee’s name typed incorrectly on the deed.
Transposed digits in a parcel number, lot number, or address.
An incorrect execution or recording date recited in the document.
A minor legal description error, such as a lot number or subdivision name that’s slightly off because of a transcription mistake.

The affidavit gets recorded in the county where the real property is located, which is not always where the original document was recorded if a transaction touched multiple counties.³

What It Cannot Fix

A correction affidavit handles typos and drafting mistakes. It does not handle substantive problems with the underlying transaction. If the original deed named the wrong person entirely, conveyed the wrong parcel, or left out a co-owner who should have been included, an affidavit won’t do the job.

Two other tools exist for those situations. A correction deed is a new deed that identifies the errors in the original, states what it should have said, and is signed by the original parties; this works when everyone agrees on what went wrong. A court action — typically a reformation suit or quiet title lawsuit — is what you need when parties disagree about intent, when competing ownership claims exist, or when the error affects who actually owns the property.

A practical test: if the “correction” would change who owns the property, what property was conveyed, or what rights were transferred, it isn’t a correction. Using an affidavit to do the work of a new conveyance can create title problems later and may expose the signer to perjury liability.

Who Can Sign the Affidavit

The person signing must have personal knowledge of both the error and the correct information. Act 123 of 1915 requires the affiant to have knowledge of the facts and be competent to testify about them in open court.⁴ In practice, that’s usually the person who drafted the original document, a party to the transaction, or the title company that handled the closing.

Someone who heard about the error secondhand doesn’t qualify. The affidavit needs to explain how the affiant knows the facts, not just assert that the facts are true. A title officer, for example, would describe reviewing the closing file and identifying the discrepancy between the executed documents and what was recorded.

Preparing the Document

Michigan’s register of deeds offices apply strict formatting rules under MCL 565.201, and documents that don’t comply are rejected. You’ll have to fix the problem and pay again. The requirements:⁵

Paper 8.5 by 11 inches minimum, 8.5 by 14 inches maximum, white, at least 20-pound weight.
At least 2.5 inches of blank space at the top of the first page, and at least 0.5 inches on all other sides.
Black ink, 10-point font or equivalent, legibly printed.
The first line of text on the first page must be a single statement identifying the recordable event, such as “Affidavit of Correction.”
Each signer’s name legibly printed, typewritten, or stamped beneath the signature, with signatures in black or dark blue ink.
The name and business address of the person who drafted the document.
The notary’s name legibly printed or stamped near the signature, on the same page.

On content, the affidavit needs to identify the original recorded document by its recording date, liber and page number (or document number), the parties involved, and the county where it was recorded. It then states exactly what the error is and what the correct information should be. Vague descriptions like “the name is wrong” — without saying which name, where it appears, and what it should read — lead to rejection. Quote the incorrect text and give the corrected version.

Getting It Notarized

The affidavit has to be acknowledged before a notary public, judge, or clerk of a court of record.⁶ Because the register of deeds records affidavits the same way it records deeds, the same acknowledgment rules apply.²

A common trap is a mismatch between the signer’s name in the affidavit and the name on the notary’s certificate. Michigan requires them to match. If the affidavit uses “Robert Smith” but the certificate reads “Bob Smith,” the register of deeds can reject it.

Where to Record It and What It Costs

Submit the finished affidavit to the register of deeds in the county where the affected property is located. The recording fee is $30, regardless of the number of pages.¹ If the affidavit assigns or discharges more than one instrument, there’s an additional $3 for each extra instrument referenced. Certified copies are $5. Regular copies are $1 per page.

The register reviews the document for compliance with formatting and content requirements. If everything checks out, the affidavit is recorded and becomes part of the property’s chain of title. The original document isn’t erased; both stay in the public record, with the affidavit explaining the discrepancy. Many offices accept filings in person or by mail, and some accept electronic submissions.

Why Registers Reject These Filings

The same problems come up repeatedly.

Insufficient detail is the most common. The affidavit fails to clearly identify the original document, or it doesn’t spell out precisely what’s wrong and what the correction should read.

Formatting violations run a close second: missing the 2.5-inch top margin, paper that’s too light, no drafter’s name and address, or no single-line recordable event statement at the top of the first page.⁵

Notarization problems are easy to prevent but surprisingly common: a name mismatch between the affidavit and the certificate, the notary’s printed name missing near the signature, or an incomplete acknowledgment. Generic notary forms that aren’t tailored to Michigan cause a lot of these.

Wrong county is another. The affidavit sometimes goes to the county where the parties live rather than the county where the property sits. The statute requires recording where the real property is located.³

Attempting a substantive change is the most dangerous. Using an affidavit to add or remove a party, change the property conveyed, or alter the transaction’s terms may get recorded if it meets formatting rules, but it won’t have the legal effect the filer intended and can cloud the title further.

Perjury Exposure

The affidavit is a sworn statement. Filing one that contains knowingly false information is perjury under Michigan law, a felony that carries up to 15 years in prison.⁷ The statute reaches both traditional sworn oaths and declarations signed under penalty of perjury. Someone who uses a correction affidavit to fraudulently alter ownership, remove a lienholder, or shift a legal description to claim extra land is committing a crime, not making a paperwork error. The notarization requirement is part of the deterrent: you confirm your identity and swear to the truth in front of an authorized official, creating an evidence trail if the statement is false.

When to Bring in an Attorney

A straightforward name misspelling or transposed digit is usually something you can handle yourself with a carefully prepared affidavit. Certain situations warrant professional help:

The error involves the property’s legal description, especially boundary lines or parcel identification numbers.
Another party disputes whether the document actually contains an error.
The correction could affect lien priority, mortgage terms, or ownership interests.
You’re unsure whether the problem qualifies as a scrivener’s error or needs a correction deed or court action.
The property is in the middle of a sale, refinance, or other time-sensitive transaction.

A Michigan real property attorney can pick the right tool, prepare the document, and handle any title company or lender requirements that come up. The cost is almost always less than recording an inadequate correction, discovering it months later, and starting over while a transaction stalls.

1
Michigan Legislature. Michigan Code 600.2567 – Register of Deeds Fees
2
Michigan Legislature. Michigan Code 565.452 – Affidavit Register Duties Fees
3
Michigan Legislature. Michigan Code Act 123 of 1915 – Recording Affidavits Affecting Real Property
4
Michigan Legislature. Michigan Code 565.451a – Affidavit Stating Facts Affecting Title to Real Property
5
Michigan Legislature. Michigan Code 565.201 – Recording Requirements
6
Michigan Legislature. Michigan Code 565.8 – Acknowledgment of Deeds
7
Michigan Legislature. Michigan Code 750.423 – Perjury Penalty