THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931

750.248b Making, altering, forging, or counterfeiting document affecting interest in real property; intent; felony; penalty; exception; venue; court order. Sec. 248b.

(1) A person who falsely makes, alters, forges, or counterfeits a deed, a discharge of mortgage, or a power or letter of attorney or other document that affects an interest in real property with intent to injure or defraud another person is guilty of a felony punishable by imprisonment for not more than 14 years. (2) This section does not apply to a scrivener's error. (3) The venue in a prosecution under this section may be in the county in which the forgery was performed; in a county in which the false, altered, forged, or counterfeit document is uttered and published with intent to injure or defraud; or in the county in which the rightful property owner resides. (4) In proceedings that result in a conviction under this section or for any lesser included offense, the circuit court shall enter an order stating that the false, altered, forged, or counterfeit document is invalid and require that a certified copy of the court order with the invalid document, if not previously recorded, be attached and recorded in the office of the register of deeds of the county where the subject property or part of the property is located, as provided in section 2935 of the revised judicature act of 1961, 1961 PA 236, MCL 600.2935. If the invalid document has previously been recorded, the prosecutor shall provide the circuit court with the liber and page number or unique identifying reference number of the invalid document, which shall be included in the order. The register of deeds shall make reference to the liber and page number or unique identifying reference number of the invalid document in the index of the recorded documents. Any recording fees incurred under this subsection shall be paid as ordered by the court.

History: Add. 2011, Act 206, Eff. Jan. 1, 2012

Analysis of Michigan Penal Code Section 248b

The provided excerpt is from Act 328 of 1931, which includes Section 248b of the Michigan Penal Code. This section addresses the offense of making, altering, forging, or counterfeiting a document that affects an interest in real property, with the intent to injure or defraud another person. The following analysis provides an overview of the key elements and implications of this section.

Making, Altering, Forging, or Counterfeiting Documents Affecting Real Property

1. Section 248b establishes that a person who falsely makes, alters, forges, or counterfeits a document affecting an interest in real property with the intent to injure or defraud another person is guilty of a felony offense.
2. The documents covered by this section include deeds, discharges of mortgages, powers of attorney, letters of attorney, or any other document that affects an interest in real property.
3. The key element of this offense is the intent to injure or defraud another person. The act of making, altering, forging, or counterfeiting the document must be done with this specific intention.
4. The penalty for this offense is imprisonment for a term of up to 14 years.

Exception and Venue

1. This section does not apply to cases of scrivener's error. A scrivener's error refers to a typographical or clerical mistake made by a professional involved in drafting or preparing legal documents.
2. The venue for a prosecution under this section may be in any of the following locations:
   • The county where the forgery was performed.
   • The county where the false, altered, forged, or counterfeit document is uttered and published with the intent to injure or defraud.
   • The county where the rightful property owner resides.

Court Order and Invalidity of the Document

1. In proceedings that result in a conviction under this section or any lesser included offense, the circuit court is required to enter an order stating that the false, altered, forged, or counterfeit document is invalid.
2. The court order also mandates that a certified copy of the order, along with the invalid document (if not previously recorded), be attached and recorded in the office of the register of deeds of the county where the subject property is located.
3. If the invalid document has already been recorded, the prosecutor must provide the circuit court with the liber and page number or unique identifying reference number of the invalid document, which will be included in the court order.
4. The register of deeds is then required to make reference to the liber and page number or unique identifying reference number of the invalid document in the index of recorded documents. Any recording fees incurred as part of this process shall be paid as ordered by the court.

Historical Context

Section 248b was added to the Michigan Penal Code through Act 206 of 2011, with an effective date of January 1, 2012. It addresses the specific offense of making, altering, forging, or counterfeiting documents affecting an interest in real property, with the intent to injure or defraud another person. It is important to note that this analysis is provided for informational purposes only and should not be considered legal advice. For accurate and up-to-date information, it is advisable to consult legal professionals or refer to the complete and current version of the Michigan Penal Code.