Uttering and Publishing – Check Fraud

750.249 Forgery of records and other instruments; uttering and publishing; exception; court order.

Sec. 249.

(1) A person who utters and publishes as true a false, forged, altered, or counterfeit record, deed, instrument, or other writing listed in section 248 knowing it to be false, altered, forged, or counterfeit with intent to injure or defraud 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) If in the proceedings resulting in a conviction under this section, or for any lesser included offense, the circuit court finds that the person uttered and published as true a false, forged, altered, or counterfeit deed, discharge of mortgage, or other real estate document, the circuit court shall enter an order indicating that the document is invalid and requiring a copy of the invalid document and a certified copy of the order to be recorded in the office of the register of deeds of any county where the subject 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.
© 2009 Legislative Council, State of Michigan