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Minnesota Real Estate Deed Forms

A conveyance in Minnesota includes every instrument in writing by which real estate or any interest in real estate is created, assigned, alienated, or mortgaged, or by which the title to real estate may be affected in law or equity, except wills, leases for a term not exceeding three years, and powers of attorney (507.01). In Minnesota, a conveyance can be of registered lands (Torrens) or unregistered lands (abstract lands)---both are subject to the same burdens and incidents (508.02). The several forms of deeds, mortgages, and other conveyance forms are approved and recommended for use in this state (507.09). Warranty deeds and quitclaim deeds are common forms in this state.

The power to convey property in Minnesota is given to citizens, those claiming jointly, and corporations. There are several different ways to convey and hold property in this state. In Minnesota, a corporation may convey its real estate by an attorney appointed by resolution of its directors, a copy of which, certified by the corporation's clerk or secretary, may be filed with the county recorder (507.05). Restrictions on alien land ownership in Minnesota apply to agricultural land: No natural person can acquire an interest in agricultural land directly or indirectly, unless he or she is a U.S. citizen or permanent resident alien. Agricultural land in Minnesota acquired by someone other than a citizen or a permanent resident alien by devise, inheritance, or through collection of debts or enforcement of a lien or claim must be disposed of within three years after it has been acquired (500.221). The grantee in a conveyance of real property must be legally capable of receiving property. The method of conveyance in this state is determined by the owner's rights, how title is held, and the owner's intentions.

A real estate deed needs to contain the original signatures of the party executing it, and should be acknowledged by the same. Acknowledgments are required by law to be certified and must contain the original signature of the notary public or other officer taking acknowledgments. If a conveyance is executed out-of-state, it will be entitled to be recorded in this state if executed according to Minnesota laws or the laws of the state (507.24). If the owner of real property is married, no conveyance of homestead will be valid unless it contains the signatures of both spouses. Section 507.02 of the Minnesota Revised Statutes lists some exceptions to this rule. A spouse's signature can also be made by the spouse's duly appointed attorney in fact (507.02). Additional standards, as listed in section 507.093 of the Minnesota Revised Statutes, such as names that need to be included and formatting specifics, apply to the recordation of a deed in Minnesota. In this state, it is also necessary to include a Well Disclosure Certificate when submitting a real estate deed for recordation.

The recording act in Minnesota is known as a race-notice statute. This is designed to protect a later purchaser of the same real estate. A conveyance of real estate should be recorded with the county recorder in the county where the property is located. An unrecorded conveyance in this state will be void as against a subsequent purchaser in good faith and for a valuable consideration of the same real estate, or any part thereof, whose conveyance is first duly recorded, and also void as against any attachment levied thereon or a judgment lawfully obtained at the suit of any party against the person in whose name the title to such land appears of record prior to the recording of such conveyance. If the first recorded conveyance is in the form of or contains the terms of a quitclaim deed and release, this does not affect the question of good faith of the subsequent purchaser or be of itself notice to the subsequent purchaser of any unrecorded conveyance of the same real estate or any part thereof (507.34).

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What others are saying:

dill h. said: easy-peasy

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!

A. S. said: First, I am glad that you gave a blank copy, an example copy, and a 'guide'. It made it much easier to do. Overall I was very happy with your products and organization... however, things got pretty confusing and I have a pretty 'serious' law background in Real Estate and Civil law. With that said, I spent about 10+ hours getting my work done, using the Deed of Trust and Promissory note from you and there were a few problems: First, it would be FANTASTIC if you actually aligned your guide to actually match the Deed or Promissory Note. What I mean is that if the Deed says 'section (E)' then your guide shouldn't be 'randomly' numbered as 1,2,3, for advice/instructions, but should EXACTLY match 'section (E)'. Some places you have to 'hunt' for what you are looking for, and if you did it based on my suggestion, you wouldn't need to 'hunt' and it would avoid confusion. 2nd: This one really 'hurt'... you had something called the 'Deed of Trust Master Form' yet you had basically no information on what it was or how to use it. The only information you had was a small section at the top of the 'Short Form Deed of Trust Guide'. Holy Cow, was that 'section' super confusing. I still don't know if I did it correctly, but your guide says only put a return address on it and leave the rest of the 16 or so page Deed of Trust beneath it blank... and then include your 'Deed of Trust' (I had to assume the short form deed that I had just created) as part of it. I had to assume that I had to print off the entire 17 page or so title page and blank deed. I also had to assume that the promissory note was supposed to be EXHIBIT A or B on the Short Form Deed. It would be great if someone would take a serious look at that short section in your 'Short Form Deed of Trust Guide' and realize that those of us using your products are seriously turning this into a county clerk to file and that most of us, probably already have a property that has an existing Deed... or at least can find one in the county records if necessary... and make sure that you make a distinction between the Deed for the property that already exists, versus the Deed of Trust and Promissory note that we are trying to file. Thanks.

Reply from Staff: Thank you for your feedback. We'll have staff review the document for clarity. Have a great day!

Eileen B. said: Great form needs more instructions however but aside from that is perfect solution for my needs.

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Nancy J. said: Forms were not to hard to fill out, Will go to Douglas County Oregon Recorders office in a few weeks and hope I filled them out correctly.

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Carole L. said: Perfectly easy, perfectly complete! I had no problems with downloading these forms. I have been a paralegal for 20 years and came up on a situation where I was not familiar with the forms. saved my life and allowed me to get the documents done and done right. I will keep on my list of favorites!

Reply from Staff: Thank you Carole. Glad we could help. We appreciate you taking the time to leave your review.

State Specific Real Estate Deed Forms