Abstract & Torrens System
There are two real estate recording systems in Minnesota - Abstract and Torrens. There are different requirements for recording the documents in each system. "Recording" means the documents are reproduced and returned to the presenter. "Filing" means to keep the original document. Real estate documents are recorded. The document type (deed, mortgage, release, certificate) determines what the requirements are and what steps need to be taken.
Get Legal Advice
In the public interest we refrain from giving legal advice and preparing documents. For your protection we observe this policy always. We strongly urge you to consult with your real estate attorney if you require this service. See Minnesota Statutes Section 481.02.
Steps to Follow
Steps involved in the recording process:
- Review the document for completeness and ensure that it meets the requirements according to Minnesota Statute.
- Determine if the correct fees have been submitted.
- Assign the document a sequential number and stamp with the recording date and time.
- Index according to legal description.
- Index by Grantor / Grantee and over 20 other fields.
- Verify indexing.
- Scan the document and quality check the optical image.
- Prepare a receipt and return to the presenter.
Most Common Reasons Real Estate Documents are Returned Without Recording
- Delinquent real estate taxes due
- The draftsman statement is missing
- Incorrect deed tax
- Incorrect mortgage registration tax
- The legal description is not consistent or is questionable when compared to records
- Missing Certificate of Real Estate Value (CRV) or CRV is not complete
- Name and address of where to mail future tax statements is missing
- Notary acknowledgment is not complete
- The recording fee included is incorrect
- Well information is missing from a transferring document