Checklist for Recording Documents
The 10 most common reason real estate documents are returned Unrecorded are:
- Notary acknowledgement is not complete
- Well information is missing
- The draftsman statement is missing
- The legal description is not consistent or is questionable when compared to the records
- The recording fee included is incorrect
- Delinquent real estate taxes due.
- Missing Certificate of Real Estate Value or is not complete.
- Incorrect deed tax
- Incorrect Mortgage Registration Tax.
- Name and address of where to mail future tax statements is missing.
Please check the following BEFORE SENDING in for recording:
- Document dated
- Document signed
- Acknowledgment needs:
- Legible Notary Seal, Notary Signature, Notary Commission Expire Date Names & marital status (Single or Husband and wife) of signatures being acknowledged if Corporate acknowledgment (business name, who signs & their titles)
- Legal Description (Check to see if complete)
- Exhibits are attached
- “Drafted by:” Include name & address
- Filing fees (See website)
- White-out is unacceptable on any legal documents
- State Deed Tax included (Purchase price times .0033 = Deed Tax)
- Completed Certificate of Real Estate Value
- “Send Tax Statements to:” Include name & address
- Are there delinquent taxes due?
- If split in tax parcel - all current taxes must be paid.
- If applicable, statement regarding “Total consideration for this transfer is $500 or less” (Enclose $1.65 Deed Tax)
- Completed Well Certificate and $50.00 fee OR one of the statements that apply: “The Seller certifies that the seller does not know of any wells on the described real property.” OR “I am familiar with the property described in this instrument and I certify that the status and the number of wells on the described real property have not changed since the last previously filed well disclosure certificate.”
• Completed a Faribault County Septic System Property Transaction Form.
- Correction Documents (Need to have new signatures and new acknowledgement along with a Correction Statement.)
- Mortgage Registration Tax included (Mortgage amount times .0023 = Mtg. Reg. Tax)
- Warranty Deed completing a Contract for Deed must have a well statement signed by the buyers
OR a Well Certificate with the $50.00 fee.
Recommended and prepared by: Minnesota County Recorder’s Association
Minnesota Statutes 507.093
STANDARDS FOR DOCUMENTS TO BE RECORDED OR FILED (IN PART).
a) The following standards are imposed on documents to be recorded with the County Recorder or Registrar of Titles:
- The document shall consist of one or more individual sheets measuring no larger than 8.5 inches by 14 inches.
- The form of the document shall be printed, typewritten, or computer generated in black ink and the form of the document shall not be smaller than 8-point type.
- The document shall be on white paper of not less than 20-pound weight with no background color, images or writing and shall have a clear border of approximately one-half inch on the top, bottom and each side.
- The first page of the document shall contain a blank space at the top measuring three inches, as measured from the top of the page. The right half is to be used by the County Recorder or Registrar of Titles for recording information and the left half is to be used by the County Auditor or Treasurer for certification.
- The title of the document shall be prominently displayed at the top of he first page below the blank space referred to in clause (4).
- No additional sheet shall be attached or affixed to a page that covers up any information or printed part of the form.
- A document presented for recording or filing must be sufficiently legible to reproduce a readable copy using the County Recorder's or Registrar of Title's current method of reproduction.
Minnesota Statutes 508.82 REGISTRAR'S FEES
Subdivision 2 - Variance from standards. A document should conform to the standards in section 507.093, paragraph (a), but should not be rejected unless the document is not legible or cannot be archived. This subdivision applies only to documents dated after July 31, 1997, and does not apply to Minnesota uniform conveyancing blanks on file in the office of the commissioner of commerce provided for under section 507.09, certified copies, or any other form provided for under Minnesota Statutes.
Effective July 1, 2005.