The Legal Foundation in Michigan
1. Michigan’s Electronic Transactions Law (UETA)
- An electronic record or signature is not denied legal effect merely because it’s electronic. zeus-milenia.legislature.mi.gov
- If the parties agree to transact electronically, then legal requirements for writing or signatures can be satisfied electronically. zeus-milenia.legislature.mi.gov
- However, UETA doesn’t override other laws that explicitly require “wet ink” signatures for specific documents (if so mandated). zeus-milenia.legislature.mi.gov+1
2. Michigan Law on Notarial Acts (MiLONA) & Remote Notarization
- In 2018, House Bill 5811 amended Michigan’s notary laws to permit remote online notarization (RON) beginning September 2018. DocuSign+2Miller Canfield+2
- Under MiLONA (MCL §§ 55.285–55.287), a notary public may perform electronic notarization (eNotary) and remote online notarization using approved platforms. DocuSign+4Michigan+4Miller Canfield+4
- The law includes detailed rules around identity verification, audit trails, record retention, disclosure of audio/video recordings, and more. Michigan+3Michigan Legislature+3Miller Canfield+3
- Notably, the law allows a notary to refuse to use a remote platform under certain circumstances (e.g., objection from the signer, inability to verify identity). Michigan Legislature
- Michigan law also presumes that a properly performed remote notarial act satisfies legal requirement for being “in person.” Michigan Legislature+1
At various times, there have been delays in approving platforms. Michigan Legislature+2Miller Canfield+2
3. Supplementary Acts During COVID
Legislation (2020 PA 246, 247, 248, 249) then extended or codified some remote notarization and witnessing rules. ICLE
Still, some of those provisions were time-limited or conditional, so they don’t guarantee a permanent full digital closing right now in all cases. ICLE+1
Types of eClosings & What Michigan Allows
- In-Person eNotarization (IPEN) – all documents are digital, eSignatures used, but the signer appears physically before a notary who electronically notarizes the documents.
- Remote Online Notary (RON) eClosing – the ideal: no one is in the same room. The signer and notary connect via video, and all required documents are eSigned and eNotarized remotely.
- Remote Ink Notarization (RIN) – signer signs on paper while a notary watches remotely; then, documents are shipped to the notary for sealing.
- Hybrid – a mix of paper and electronic; some documents (especially those requiring notarization) may still need “wet ink” signatures, others are electronic.
However, not every county record office or lender accepts fully remote eClosings, and some transactions may not qualify. Transnation Title Agency+2Snapdocs+2
What This Means for Canton, Michigan
- Because Michigan allows remote online notarization (per HB 5811 and MiLONA), digital closings that rely on RON are legally permissible in many cases. Transnation Title Agency+6DocuSign+6Miller Canfield+6
- Title and closing companies in Michigan are already offering digital or hybrid closings via platforms such as eClosing.com. eClosing.com & Digital Title Insurance+1
- Transnation Title confirms that in Michigan, “digital closing options are now available for some real estate transactions.” Transnation Title Agency
- However, not all transactions qualify for fully remote closing. Some lenders, investors, or mortgage programs may require wet signatures or in-person notarization, regardless of state law. Transnation Title Agency+3Transnation Title Agency+3First American+3
- Local practices matter. Even if state law permits it, the Wayne County Register of Deeds or recording offices must accept electronically notarized documents or electronic records. Historically, some recorders have refused digital documents unless a certified “tangible copy” is submitted or unless the notary certifies it. Transnation Title Agency+2Snapdocs+2
- From Transnation Title’s write-up: the law states that Registers of Deeds “cannot refuse to record a tangible copy of an electronic record” if the notary certifies it’s an accurate copy. Transnation Title Agency
- The viability in Canton will also depend on whether the notary, title company, lender, and all parties agree to use a state-approved platform and comply with identity verification and audit requirements.
- The signing and notarization must use a state-approved RON platform.
- All parties (buyer, seller, lenders, title company) must agree to proceed electronically.
- The local recording office must accept electronically notarized deeds or use the “certified copy” workaround.
- The transaction must not involve any law or lender rule that mandates a wet signature.
Risks, Prospects & What to Watch
- Faster turnaround, especially across distances
- Reduced travel and scheduling hassles
- Cleaner audit trails, tamper-evident signatures
- Potential cost savings
- Not all lenders or investors accept remote notary closings.
- If the notary or platform is noncompliant, the notarization may be challenged.
- Local recording offices may push back or require paper copies.
- Identity verification protocols must be robust to avoid fraud.
- Parties outside Michigan may face jurisdictional complications.
- The state’s list of approved remote notarization vendors — as more platforms gain approval, adoption is expected to increase. michigannotaryassociation.org+1
- Whether Wayne County (and Canton) explicitly adopts policies facilitating eRecording and accepting eNotarized documents
- Mortgage industry acceptance — some programs (e.g., FHA, VA) may have additional rules
- Federal legislation, such as the proposed SECURE Notarization Act, would standardize interstate RON rules and expand their acceptance. American Land Title Association
Bottom Line
- Ask your lender and title company whether they support RON closing in Michigan.
- Confirm that the notary and platform have Michigan state approval under MiLONA.
- Verify that Wayne County/Canton’s recorder accepts electronically notarized deeds or certified copies.
- Understand that a hybrid closing (some paper, some digital) may still be more practical in many cases.
Thank you for reading! If you enjoyed this article and want to explore more content on similar topics, check out our other blogs at Sonic Loans, Sonic Realty, and Sonic Title. We have a wealth of information designed to help you navigate the world of real estate and finance. Happy reading!
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