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Legal Recording Requirements

Legibility
Documents must be clearly legible and capable of producing a legible microfilmed and/or imaged record.

Names Under Signature
Names must be printed or typed under all signatures except notaries and witnesses.

Notary Acknowledgement
Documents affecting title to real property must be properly acknowledged and have a legible, valid notary seal.

Title
Documents should be identified as to the type of document and dated.

Parties
All documents should have a grantor and grantee.

Drafted by Name and Address
Statute (507.091) requires the name and address of the party who drafted the document. EXCEPTIONS: Subdivision 1 does not apply to any instrument executed before January 1, 1970, nor to a decree, order, judgment or writ of any court, a will or death certificate, nor to any instrument executed or acknowledged outside of the state.

Deed Tax or Mortgage Registration Tax, please see the Auditor/Treasurer’s Office website (Link)

A Certificate of Real Estate Value form is required for deeds that have a purchase price or consideration of greater than $1,000.00.  Certificates of Real Estate Value form are available by mail from the Auditor/Treasurer’s Office @ (218) 547-7260 or from the Minnesota Department of Revenue.  This form is a four-part form that is required statewide.   These forms may also be available at any Auditor’s Office in any county throughout the state or at any abstract/title company, attorney’s office and possibly financial institutions and realty offices.

Septic disclosure is required at time of recording pursuant to County Ordinance - Failure to provide septic disclosure at the time of recording will not hold up recording but will result in coding this property as non-compliant and no permits will be issued by Environmental Services Dept. (ESD) until it is brought into compliance.  If it is made compliant after recording the deed, you will need to record a Satisfaction of the Non-Compliance from ESD at an additional cost of $46.00 for the recording fee for the Satisfaction.  (Link)

 

*See Document Standards for the State of Minnesota for further statutory requirements.





© Cass County, MN, 2014