Minnesota Statute Sections 507.24 and 507.093 set forth certain standards for determining whether a document is, in fact, recordable.
This will include everything from type size used in presenting the document, to size of paper. Here are some of the key elements to verify in documents you want recored:
- Correct identification of the grantor and grantee.
- Statement indicating who drafted the documents.
- Accurate and complete legal description.
- Document contains the original signature the grantor, which must be notarized appropriately
- All necessary parties signed the document. For example, when property is owned by someone who is married, the grant should be from both spouses, as long as they’re married to one another, and both of those signatures need to be notarized. Similarly, an entity may require signatures by more than one individual.
- The document must legible and reproducible
- There is no modification, such as white out, used on the document.
The formatting of documents also needs to abide by certain rules. There should be a 3 inch margin at the top of the first page and a one-inch margin in all other locations. The document cannot contain type smaller than 8-point type.
In addition, if you are recording in the Torrens system, the legal description and the name of the grantor, must match the Certificate of Title. Any variance has to be explained through the appropriate documentation and approved by the examiner of titles prior to recording.
Certain types of documents including probate documents, powers of attorney and dissolution decrees must be approved by the examiner of titles before they can be filed on a certificate of title and result in any type of a transfer of an interest in the real property.
Each state will have its own set of requirements and that’s true whether you’re in North Dakota, Florida, Texas, or any other state. Each state has its own set of requirements for recording. Most will require a legal description, require a grantor / grantee, and identification of the drafter. In addition, the form of notarization and execution requirements also differ.