A title search on a Macomb County property reveals a gap in the chain of title: a deed recorded in 1987 names the grantor as 'Robert T. Henderson,' but all prior deeds reference the owner as 'Robert Thomas Henderson.' The closing attorney is concerned about this discrepancy. Which of the following best describes the legal significance of this issue under Michigan recording law?
Correct Answer
A) The discrepancy could create a cloud on title because a reasonable title searcher using the grantor-grantee index might not link the two names
Michigan's recording system relies on a grantor-grantee index, where instruments are indexed by the names of the parties. A discrepancy between 'Robert T. Henderson' and 'Robert Thomas Henderson' could cause a gap in the chain of title because a diligent title searcher searching under the full name might not find the 1987 deed indexed under the abbreviated name. This creates a cloud on title that should be resolved — typically through a corrective affidavit or quitclaim deed — before closing.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Community property is a system where property acquired during a marriage is owned equally by both spouses.
A freehold estate represents ownership of real property with an indefinite duration.
Joint tenancy is a form of co-ownership in which two or more persons hold equal, undivided interests in property with the right of survivorship. When one joint tenant dies, their interest automatically passes to the surviving joint tenants.
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