Benton County Quitclaim Deed (Corrective) Form

Minnesota gave this deed its own name in the tax code. Section 272.15 of the Minnesota Statutes is captioned Deed to Correct Title, and the Minnesota Quitclaim Deed (Corrective) is the instrument that section contemplates: a quitclaim conveyance given to fix a deed already in the county index. Section 4 identifies the earlier instrument by title, date, recording office, document number, and recording date, and Section 5 states the matter twice, as the prior deed has it and as corrected. One grantor signs, and the deed promises nothing about title.

The section written for a deed that fixes a deed

Section 272.12 routes most Minnesota conveyances through the county auditor first, for delinquent tax certification and the transfer entry, and directs the recorder to refuse an instrument arriving without that statement. Section 272.15 opens a second door for one kind of paper. A deed purporting to be a corrective deed may be presented to the county attorney with an abstract of title, or other satisfactory evidence, on tender of a $5 fee. On finding that the deed is given for the purpose of correcting a defect in the title, or on account of a technical error in a prior conveyance, the county attorney certifies that finding on the deed itself, and the recorder then takes it, if otherwise entitled to record, notwithstanding unpaid taxes or assessments on the land.

One grantor, two deeds on the face

The form recites exactly one grantor, with a marital status entry beneath the name, and closes with one signature block and one acknowledgment certificate in the section 358.66 individual short form. Section 7 speaks the section 507.07 statutory words conveys and quitclaims and says in the same breath that the deed is given for the purpose of correcting the instrument identified in Section 4. A deed carrying the wrong lot or block number, a deed naming a grantee in something other than that grantee's legal name, and a deed pointing at a wrong vesting reference all present the pattern this deed recites. It is not set up for two record owners signing together, nor for an entity or a trustee whose signing power comes from its own chapter, nor for a matter reaching past the language and content of the recorded instrument, which Minnesota sends to a court instead. No spousal joinder block appears: section 507.02 conditions a married owner's homestead conveyance on both signatures, and the marital status entry is where a reader of the record meets that question.

What the deed tax line reads on a correction

The Department of Revenue treats this instrument as its own category. The minimum deed tax is due on the recording of a quit claim deed given for the purpose of correcting an error or omission in an original deed, and the department draws the boundary: the deed changes only language and content of the original that would cloud title if left alone, and no added consideration over $3,000 passes. The figure printed on the face is then $1.65 rather than 0.0033 of net consideration under section 287.21, and section 287.241 keeps it there by barring the recording of a taxable deed stating neither the tax due nor an exemption. Section 1 prints that entry beside the eCRV line, a filing section 272.115 ties to real estate sold for more than $3,000.

Both instruments stay in the index

A corrective deed does not erase the deed it addresses. Both stay in the county's records, and section 507.34, Minnesota's race-notice statute, governs each. Printing the earlier document number and recording date on the new instrument lets the next examiner read the two together, and the same face carries the section 507.091 drafter statement, the section 507.092 tax statement entry, and the lettered well disclosure statements of section 103I.235. Registered (Torrens) land brings in another office, since sections 508.71 and 508A.71 reserve alterations to a certificate of title to the district court, to a written directive of the examiner of titles, or, for the registrar's own clerical error, to the registrar. The Abstract or Registered entry in Section 6 is where that fork appears.

A correction deed, a scrivener's error deed, and a corrective quit claim deed name this same instrument. Included here: the fillable form, a completed example built on a Carver County deed repairing a lot number in a platted Chaska legal description, and a guide walking every numbered section and each county step. The materials are informational and are not legal advice.