BITS AND PIECES OF INFORMATION A ABSTRACTS OF TITLE (386.37) ABSTRACTS AS EVIDENCE IN COURT (600.19) ACCESS TO GOVERNMENT DATA (Chapter 13) SEE: Bulk Date Sales ACKNOWLEDGMENTS (358.48, 358.47, 600.14 358.14) Must contain names of parties being acknowledged, marital status, date, venue and signature of notary. Constructive when notice not affected (507.251) Recording officer liability (507.251 sub3) and (386.39) misdemeanor. (358.43) Notarial acts in this State We don’t reject docs if no marital status. Up to attorneys doing title opinions to decide if they need an affidavit to clarify marital status. Title standard 44. ABSTRACT OF JUDGMENT & RELEASE (272.481,) Federal Debt Collection Procedures Act was passed by U. S. Congress. Provides for filing abstracts of judgment with Recorders or their counterpart names in all States in Nation. Two Kinds: CIVIL - default SBA, student, HUD, Ag farm loans, any default federal loan and in addition, on occasion, for an IRS tax. CRIMINAL - for fines of restitution. Farmer sells mortgaged ASCS grain, gets caught, sentenced and ordered to pay fine; doesn’t pay fine, abstract of judgment filed. Other criminal examples: found guilty of drug dealing (or any federal crime) appears in court, found guilty, sentenced to pay fine, doesn’t pay, abstract filed. Effective date: docket date Runs 20 years from docket date; can be renewed for additional 20 years Filed the same as Federal Tax Liens MS 500.221 ACQUISITION OF TITLE (RESTRICTIONS)….which restricts the sale of Ag land to non-US citizens AFFIDAVIT OF LOST MORTGAGE 507.332 WHETHER RECORDED RECITAL OF UNRECORDED MORTGAGE IS NOTICE. 1. Subdivision 1.No notice. A recital of the existence of an unrecorded mortgage in an instrument: (1) that affects title to real property and (2) is recorded with the county recorder of the county where the real property is located, is not actual or constructive notice to a subsequent purchaser or encumbrance once five years have passed since the date of the instrument containing the recital, unless the conditions in subdivision 2 are met. Subd. 2.Notice. If, in the circumstances described in subdivision 1, an action to foreclose the unrecorded mortgage was commenced and a notice of pendency or notice of lis pendens was recorded during the five-year period, then, the recital is actual or constructive notice of the unrecorded mortgage to a subsequent purchaser or encumbrancer of the real property. Subd. 3.Foreclosure period unaffected. This section does not limit or extend the period, set out in section 541.03, to bring an action to foreclose a mortgage. Subd. 4.If lis pendens before March 1995. This section does not affect a proceeding to foreclose a mortgage pending on August 1, 1994, or to be commenced in a court of this state if, before March 1, 1995, a notice of lis pendens has been recorded in the office of the county recorder or filed in the office of the registrar of titles. AFFIDAVIT OF SURVIVORSHIP (600.21) After Dec. 31, 1983 no longer needs certification of Dept. of Revenue. Copy of recorded document no longer sent to Dept. of Revenue. AFFIDAVIT OF SURVIVORSHIP for transfer on death: (507.071 Subd. 20) Proof of survivorship and clearance from public assistance claims and liens; recording. An affidavit of identity and survivorship with a certified copy of a record of death as an attachment may be combined with a clearance certificate under this section and the combined documents may be recorded separately or as one document in each county in which the real estate described in the clearance certificate is located. The affidavit must include the name and mailing address of the person to whom future property tax statements should be sent. The affidavit, record of death, and clearance certificate, whether combined or separate, shall be prima facie evidence of the facts stated in each, and the registrar of titles may rely on the statements to transfer title to the property described in the clearance certificate. AFFIDAVIT OF TRUSTEE (501B.57 Sub 3) May be recorded separate or with attached Certificate of Trust as one document. AFFIXATION AFFIDAVIT (168A.141) We should encourage doc submitters to record this document as a separate document and attach as a rider to a mortgage. But if the mortgage states the affixation affidavit is attached we need to record is as an attachment but it won’t be indexed as an affixation affidavit AIRPORT RIGHT OF WAY PLATS - State Highway and Railroad right of way plats, given solely to monument the location of the right of way and not intended to transfer title. See MN Statute 505.1792 and 505.1793 ANNEXATION (414) Filed with Auditors office. Attorneys doing title opinion prefers them recorded. ASSIGNMENT OF SHERIFF’S CERTIFICATE (272.12) Must state “No delinquent taxes and transfer entered” and deed tax paid before recordable. ASSURANCE FUND (Laws 1980 Chap. 543) Provides for state land registration assurance fund eliminating previous county assurance funds. 481.08 AUTHORITY (County Attorney may discharge certain liens) 1. ATTESTED COPY - aka “conformed copy” usually the submitter will send a copy with original signatures and $2.00. Put recording stamp on and a statement which reads “ This is an attested copy, it has not been compared to be a true copy.” B BONDS (Township Treasurers) (367.15) Effective March 23, 1982 - changed place of filing from Recorder to Auditor. BONDS (Recorder) (386.01) Bond and oath of office shall be filed by Court Administrator. BONDS (County Officers) (Laws 1974 Chap. 138) Deletes requirement that bonds of county officers be filed with Secretary of State. Recorded in Recorder’s Office, original sent to Auditors office, except for Recorder, which goes to Court Administrator. BONDS (Bonding of County Officers and Employees) (382.153, 574.13 and 574.21). In Clay County this document is recorded each year and is called “Employee Dishonesty and Faithful Performance of Duty Coverages.” MCIT signs and submits the document to the County Administrator, who signs and submits for recording. It appears 574.13 doesn’t require acknowledgments. Bulk Data Sales: MN Statute 13.03 Subd 3 (e) (e) The responsible authority of a government entity that maintains public government data in a computer storage medium shall provide to any person making a request under this section a copy of any public data contained in that medium, in electronic form, if the government entity can reasonably make the copy or have a copy made. This does not require a government entity to provide the data in an electronic format or program that is different from the format or program in which the data are maintained by the government entity. The entity may require the requesting person to pay the actual cost of providing the copy. Counties can tell about online services. C CEMETERY SURVEY: (307.01) CENTRAL NOTIFICATION SYSTEM - (CNS) - State took over February 1, 2007 CERTIFICATE OF REAL ESTATE VALUE (272.115, 287.241, Subd. 2) Effective Sept. 1, 1971 All real estate sold for a consideration of $1,000.00 or more needs to have a CRV presented at the time of recording. CRV is taken to Auditors office along with the document. CERTIFICATE OF TRANSLATION OF DOCS IN FOREIGN LANGUAGE (507.46) CERTIFICATE OF TRUST (501B.57) May be combined/attached to Affidavit of Trustee. CERTIFIED COPY (507.25) Copy of the recorded instrument filed in the office of the Recorder or recorded in the office of the Secretary of State or the Commissioner of Finance, certified by proper custodian to be a true copy may be recorded with same force and effect original document would have if so recorded. A certified copy must have the statement, date, signature and seal. GOVERNMENT CERTIFIED COPY (600.17) OFFICIAL RECORDS (15.17) Pursuant to opinion of Michelle Winkis, Assistant Clay County Attorney, certified documents, once altered in any way, are no longer true and accurate depictions of the original document, on file in the Court Administrator’s Office. (600.22) shall be received in evidence without further proof. The only certified copies that you are permitted to record are those certified by the Government agency authorized to maintain the record. A private notary is not a Government agency, but a County Recorder or County Clerk or some such agency is. Certifications by notary are permitted in other circumstances, but not for recording with us. If we are redacting information from our documents on our certification we state a true and correct copy of what is on file in this office with the exception of the data private areas blackened out by this office CERTIFIED COPIES OF PATENTS: Can be obtained by going to: www.archive.gov. The phone # as of 4/25/12 is 1-866-272-6272. CHATTEL (386.47) also known as UCC (Uniform Commercial Code) CIVIL JUDGMENT - See Abstract of Judgment and Release COMBINED DOCUMENTS - that are certified as one can be recorded as one. COMBINED DOCUMENT Example allowed for in statute: (507.071 subd. 20) Proof of survivorship and clearance from public assistance claims and liens - an affidavit of identity and survivorship with a certified copy of death certificate as an attachment may be combined with a clearance certificate. CONTINUING CARE RETIREMENT COMMUNITIES (CCRC) (80D.03) Contract Regulations CONTRACT FOR DEED (507.235) Not legally defined as instruments of conveyance. Exempt from mortgage registration tax effective Jan. 1, 1984. Must be recorded within 4 months. There is a Civil Penalty of 2% of the principal amount of Contract for Deed. Also pertains to Assignment of Contract for Deed. On a cancellation of Contract for Deed delinquent taxes do not have to be paid to record. Auditor determines if penalty is due! CORPORATE SEAL (302A.163) Effective July 1, 1981. No longer required. CAUTION: If the document states seal is affixed and it isn’t, have them cross out wording because if you make certified copy you could be certifying erroneously. Corporate cities do require seals. A home rule charter city does not require a seal. Check with your County Attorney for which are corporate and which are home rule charter cities in your county. COMBINED MORTGAGE AND ASSIGNMENT ARE TWO INSTRUMENTS: AG Opinion June 20, 1946 COMMON INTEREST COMMUNITIES (515b) Condominiums, townhouses etc. COMMON LAW LIENS aka CONSENSUAL LIENS (514.99 Tax protestor type liens) If the liens meet the minimum recording requirements they can be recorded. This law gives the party the lien is against a little easier process to release and gives stronger consequences to the party who files the lien. COMPLIANCE FUND (357.182) Maximum time allowed for completion of the recording of a document; certification to county board effective 2007 for 2008 county budget and in each year thereafter and restriction on use of “unallocated fees. COUNTY SUBDIVISION REGULATIONS: May not prevent recording of land conveyance document (272.12, 272.121, 394.37) AG Opinion Aug. 12, 2003, 125-A-66; AG Opinion 59A-32, May 11, 1965, December 18, 1974, 125A-66 CRIMINAL JUDGMENT - See Abstract of Judgment and Release CREDIT CARD PAYMENTS: CITY, TOWN, AND COUNTY OBLIGATIONS AND PAYMENTS: 471.381 subd. 2 county may add to the amount due a service charge for the acceptance of a payment method authorized in this subdivision. D DATA REQUEST MN Statute 13.03 Subd 3 (e) (e) The responsible authority of a government entity that maintains public government data in a computer storage medium shall provide to any person making a request under this section a copy of any public data contained in that medium, in electronic form, IF the government entity can reasonably make the copy or have a copy made. This does not require a government entity to provide the data in an electronic format or program that is different from the format or program in which the data are maintained by the government entity. The entity may require the requesting person to pay the actual cost of providing the copy. (13.04 Sub 3) 10 day response DD214- The U.S. Defense Department will be using digital signature technology on DD-214 forms. The Army has already begun. The electronically signed document indicates an electronic code and the name of the individual authorized to sign the form, which is then verified electronically and considered a secure document according to industry standards. As a requirement of the digitally signed DD-214, it must have the following elements on the document: Field 22: Line 1 requires the name of the official authorized to sign the form and a numeric 10-digit code. (Last name, first name, middle initial/middle name) Line 2 requires the name of the official authorized to sign the form and the official’s title. (First name, middle initial/middle name, last name) The MCRA Legislative committee feels that adequate information on the requirements for authenticity for the electronically signed DD-214 has been provided and that the document shall be recorded as presented by the Veteran Service Officer or the veteran. Electronic signatures 386.40, 386.409 DEED OF TRUST - Watch carefully - usually comes from another State and are really a mortgage and need mortgage registration tax paid. DEED TAX (287.241) Effective Aug. 1, 1959 - amount is based on the sale price of the property. No deed tax on deeds executed prior to Aug. 1, 1959 $1.10 per thousand, $0.55 each five hundred or fraction Aug. 1, 1959 to Dec. 31, 1967 $2.20 per thousand, $1.10 each five hundred or fraction Jan. 1, 1968 to July 1, 1987 $3.30 per thousand, $1.65 each five hundred or fraction after July 1, 1987 State of Minnesota and political subdivisions no longer exempt As of June 1, 1987 deed tax became due on all personal property included in sale price (287.22) lists exemptions to state deed tax Deeds to/from State of Minnesota & State deeds are NOT exempt after July 1, 1987. (287.21 Subd.1) Amendment which currently provides for a deed tax of $1.65 for each $500 or fraction of the net consideration, to a rate of .0033 of the net consideration. (Ex: $105,250.00 x .0033= $347.33 deed tax) *When U.S.I.R. stamps were discontinued Dec. 31, 1967, Minn doubled deed tax. Federal revenue stamps became law in 1870 for various items (such as cigars etc.) They started appearing on deeds in Minn around 1898 in varying amounts. When abolished they were $0.55 each five hundred, $1.10 per thousand. Purchase was at the post office DEFINITION OF WORDS AND PHRASES (645.44) Explains recorded (vs) filed DELINQUENT TAXES (272.12) When deed or other instrument conveying land, or plat of any town site or addition or survey required pursuant to 508.47 is presented, Auditor shall determine if there are any delinquent taxes. If Auditor does not sign off to say delinquents are paid recorder/registrar shall not record. Exempts certain documents from above statute. Deed of distribution, decree or judgment conveying land shall be presented to Auditor for “transfer entered”. Decree of judgment affecting title, but not conveying land may be recorded without presentation to Auditor. Violation of this section by recorder/registrar shall be a gross misdemeanor and in addition to punishment, recorder/registrar shall be liable to grantee for amount of damages. DEPOSIT OF PAPERS (600.23 subd. 1 - see also subd. 2, 3 and 4) Every County Recorder and every Court Administrator upon being paid legal fees therefor, may receive and deposit in office any instrument or papers which shall be offered for that purpose and, if required, shall give to persons depositing same a receipt thereof. Chapter 274 makes it discretionary for County Recorder to accept security deposit effective Aug. 1, 2004. DISPOSAL AND DESTRUCTION OF OBSOLETE RECORDS (386.46 - 386.47) DITCH LIENS: 103E.621 DRAFTSMAN STATEMENT (507.091) Effective Jan. 1, 1970. Requires information on documents executed/acknowledged in State. Does not apply to court documents or death certificates or instruments executed/acknowledged outside State. Validity of document not affected by non-compliance (no penalty upon Recorder). E ELECTRONIC RECORDING (ERER) (507.094) (357.182subd. 3) Effective calendar year 2011 all electronically recorded document must be returned to later than 5 business days after receipt by the county in a recordable format. LEGAL RECOGNITION OF ELECTRONIC RECORDS, ELECTRONIC SIGNATURES, AND ELECTRONIC CONTRACTS (325L.07) (a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form. (b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation. (c) If a law requires a record to be in writing, an electronic record satisfies the law. (d) If a law requires a signature, an electronic signature satisfies the law. EXECUTION OF INSTRUMENTS (412.201) Every contract, conveyance, license or other written instrument shall be executed on behalf of the city by the mayor and clerk, with the corporate seal affixed, and only pursuant to authority from the council. The legal date of execution is the date of the notary signature. Does not refer to the date listed on the top front page of document. F FARM DISPOSAL OF SOLID WASTE (17.135) when permit is required and what the affidavit must state to be recorded with the county recorder within 90 days. FEDERAL DEBT COLLECTION PROCEDURE ACT May 29, 1991, the Federal Debt Collection Procedures Act became effective. Under 28 U.S.C. §3201 of this Act, Federal Civil judgments must be filed as liens in the same manner as the Internal Revenue Service filed Federal Tax Liens; that is, with the County Recorder instead of the County Court Administrators, following 26 U.S.C. §6323 (f) and Minn Stat §272.481. Such a lien is good for 20 years from the date of judgment and may be renewed for another 20 years. Federal Criminal money judgments are also to be filed like Federal Tax Liens, per 18 U.S.C §3565 (h) or §3613 (b). These liens too are good for 20 years. However, they may be extended only upon agreement between the United States and the judgment debtor; and, unlike civil judgments, criminal money judgments and their corresponding liens become unenforceable upon the death of the debtor. FEES - STATE TAX LIENS (270.69 subd. 2, as amended) State tax liens filed on or after July 1, 1986 are not billed to Minnesota Department of Revenue (fee will be paid at the time of release). Releases of State Tax Liens - when original lien was recorded prior to July 1, 1986 taxpayer must pay $15.00 to record. Releases of State Tax Liens - when original lien was recorded on or after July 1, 1986 taxpayer must pay $30.00 to record. FEES - MINNESOTA DEPARTMENT OF JOBS AND TRAINING (268.161 subd 1b) Follows statute for recording abstract land documents, fee increased to $15.00 on August 1, 1991. Statute states “the fee for filing and indexing shall be as prescribed in sections 272.483 to 272.484" (which is statute for federal tax liens) $19.50 to record. FEES - FEDERAL TAX LIENS (272.481 to 272.487) Filing fee - (272.482 subd. 2) for a lien, certificate of discharge or subordination and for all other notices, including a certificate of release or non-attachment filed with recorder, the fee for filing shall be as for filing a real estate mortgage in county where filed. Certificate of information (272.483) fee for certificate shall be as provided by Sec. 336.9407 (UCC) or 357.18 subd 1 (3) (abstract of title). FEES - RECORDER (357.18) (357.18 subd 1 (2) multiple documents listed (507.093) NonStandard FEES - REGISTRAR OF TITLES (508.82 subd. 1) Standard documents (508.82 subd. 2 ) Variance from standards August 1992 $2.00 surcharge changed July 1993 to $4.50 Changed August 1, 2006 to $10.50 FEES - OTHER COUNTY DEPARTMENT OR AGENCIES (Law 1986 Chap. 399) Effective August 1, 1986 Sec. 28 states recording fees need not be paid to recorder by other department or agencies of the county for recording if document is for the benefit of the County. MS #357.182 Subd. 2.Fee restrictions. Notwithstanding any local law or ordinance to the contrary, no county may charge or collect any fee, special or otherwise, or however described, other than a fee denominated or prescribed by state law, for any service, task, or step performed by any county officer or employee in connection with the receipt, recording, and return of any recordable instrument by the county recorder or registrar of titles, whether received by mail, in person, or by electronic delivery, including, but not limited to, opening mail; handling, transferring, or transporting the instrument; certifying no-delinquent property taxes; payment of state deed tax, mortgage registry tax, or conservation fee; recording of approved plats, subdivision splits, or combinations; or any other prerequisites to recording, and returning the instrument by regular mail or in person to the person identified in the instrument for that purpose. Files and Records confidential 196.08 -release to law enforcement would be covered (This was in regard to DD214/215 but it in many counties it would up to the VSO to make this decision after discussing with the county attorney) FEES - 386.77 FILING FEE FOR STATE, CITY, TOWN ITEM MAY BE BILLED. An instrument of conveyance, assignment, or release; a judgment; or other document, which is entitled to recording or filing, and which by its terms is for the benefit of the state or any county, city, or town, shall be recorded or filed by any county recorder or registrar of titles without the payment of fees when offered for filing or recording by the state or any of its agencies, or by the benefited subdivision. The fee for the recording or filing shall be paid by the state, its agency, or by the benefited subdivision, but not by another department or agency of that county, upon submission of a statement of charges by the county recorder or registrar of titles. FEES - MISCELLANEOUS- 373.41 The county may charge a fee to record, file, certify, or provide copies of any instrument, document, or paper that is required by law to be filed or which may be filed in any county office. The county may charge fees for service provided by any county office, official, department, court, or employee. The county board may, after a public hearing, establish the amounts of fees to be charged for the services, unless a statute has specified the amount. There must be a reasonable relation between the fee and the cost of providing the service. A county may also impose a fee or an interest charge on payments of money to the county that are more than 90 days overdue, provided that late property tax payments remain subject only to the penalty and interest provisions of chapters 277 and 279. (Continued next page) When calculating a fee for a service you can include 15% for administration costs. Note, there has to be a reasonable relationship between the fee and service. I believe the 15% (while specifically not mentioned) would be a safe amount to cover additional benefits costs, if you are using an average wage in your calculation of providing the service (you can’t just automatically use the highest wage in your office). FIXTURE FINANCING STATEMENT (336) (507.24) The new national “Financing Statement” form can be used, NO signatures are required. If item number 6 is checked, this form will be automatically recorded with real estate records instead of filed with UCC’s. The law requires 2 forms be completed if it is to be recorded and filed in UCC. If Fixture Financing Statement comes in on a different form we will require it to follow real estate law, including signature with complete acknowledgment. The fee for recording a fixture financing statement is $46.00. FORECLOSURE OF MORTGAGE THAT INCLUDE HOMESTEAD PROPERTY (582.041) FORECLOSURE DATA (580.025) www.hocmn.org http://WWW.hocmn.org Postponement of a FZ. 2009 legislation HF 2088. Postpones the sale date for 5 months but shortens the redemption period to only 5 weeks. Gives the owner 5 months to find financing. Statute includes an Afft form which the owner signs and is notarized. G GOVERNMENT CORNERS - (160.15 subd. 4) Filing of certificate The engineer or surveyor placing and establishing the markers or monuments shall file a certificate to that effect in the office of the county recorder in the county or counties wherein the markers or monuments were placed. Each certificate shall contain only the record of markers and monuments at one corner. The county recorder may charge a fee of 50 cents for each certificate filed. All government corners filed free of charge in Wilkin County by motion of the County Board March 11, 1996. H HIGHWAYS AND RIGHTS-OF-WAY (505.1792 subd. 2) Requirements HOURS OF OPERATION OF COURTHOUSE (373.052) covers the description of the business day, hours, closing and no loss. If Courthouse building is open all county offices must be open. I INSTRUMENTS NOT PROPERLY EXECUTED (386.39 and 507.24) Except where otherwise provided by law, no recorder shall record any conveyance, mortgage or other instrument by which interest in real estate is affected, unless same is duly *signed, *executed and *acknowledged according to law; any such officer offending herein shall be guilty of a misdemeanor and liable in damages to the party injured in a civil action. To entitle any conveyance, power of attorney, or other instrument affecting real estate to record, it shall be executed, acknowledged by the parties executing the same, and the acknowledgment certified, as required by law. All such instruments may be recorded in every county where any of the land lie. If the conveyance, power of attorney, or other instrument affecting real estate is executed out of state, it shall be entitled to record if executed as above provided or according to the laws of the place of execution so as to be entitled to record in such place. *SIGNED - affix one’s name to instrument for purpose of authentication it or to give it effect as one’s signature - To make mark upon document in token of approval/acceptance - signature of person when required by law (a) must be in handwriting of person or (b) if person is unable to write, in person’s mark (645.44 subd.14) *EXECUTED - includes signing, sealing and delivering *ACKNOWLEDGED - (358.41), definitions “acknowledgment” means declaration by person that person has executed instrument for purposes stated and if instrument is executed in representative capacity, that person signed instrument with proper authority and executed it as act of person or entity represented and identified therein *358.14 (Married persons) states form acknowledgments must take: No separate examination of each spouse shall be required, but if husband and wife join in and acknowledge the execution of any instrument, THEY SHALL BE DESCRIBED IN CERTIFICATE OF ACKNOWLEDGMENT AS HUSBAND AND WIFE; and if they acknowledge it before different officers, or before same officer at different times, each shall be described in the certificate as the spouse of the other. J JOINT TENANCY REQUIREMENTS ABOLISHED (500.19 subd. 3 thru 5) Effective Aug. 1, 1979 Owners of interest in real estate may convey interest directly to that owner and one or more others as joint tenants or as tenants in common. K L LAND PATENTS (92.29) The commissioner of natural resources shall sign and issue in the name of the state and under the seal of the state a patent for the land described in any certificate of sale. (this apparently is in-lieu of a notary) LEAVE OF ABSENCE (3.088) Request a leave of absence Example: You are county employee and want to run for office. If you run and are elected you may ask the county board for a leave of absence from your job and be guaranteed a job if you lose the next election in four years. Up to 10 year leave of absence but check with your county policy to see if that is possible. LEGAL ADVISOR - County Attorney is our legal advisor for the County Recorder. Examiner of titles is our legal advisor for registrar of titles LEGAL ADVICE WITHOUT A LICENSE TO PRACTICE LAW (481.02) LIABILITY (507.251) CONSTRUCTIVE NOTICE, WHEN NOT AFFECTED Subd.1 - Attestation clause, acknowledgment, defect, absence. In any case where instrument affecting title to real estate is recorded with recorder/registrar and it appears there is a defect in attestation of instrument, or absence of attestation, or defect in acknowledgment, or absence thereof, instrument and cert. copies of same shall have same force and effect as constructive notice and same force and effect as evidence for all purposes they would have had if no such defect had been apparent on face of instrument. Subd.3 - recording officers, liability not affected. This shall not be construed as relieving recorder/registrar from any penalty or liability imposed by law for accepting/recording/filing an instrument not legally entitled to recording/filing. LOSS MITIGATION - is used to describe a third party helping a homeowner, a division within a bank that mitigates the loss of the bank, or a firm that handles the process of negotiation between a homeowner and the homeowner’s lender. Loss mitigation works to negotiate mortgage terms for the homeowner that will prevent foreclosure. LOST INSTRUMENTS ABSTRACTS AS EVIDENCE IN COURT (601.04) LOST MORTGAGE AFFIDAVIT RECORDING THEORY (SEE ATTACHED*) M MAPS & SIMILAR INSTRUMENT MADE BY FEDERAL AGENCIES (386.51) Provisions for recording. MANUFACTURED HOME AFFIXED TO REAL PROPERTY (168A.141 subd. 1-3) (SEE ATTACHED **) AFFIXATION AFFIDAVIT (168A.141) We should encourage doc submitters to record this document as a separate document and attach as a rider to a mortgage. But if the mortgage states the affixation affidavit is attached we need to record is as an attachment but it won’t be indexed as an affixation affidavit MECHANIC’S LIENS (514.01) Every person or firm that has furnished work or provided material to build or improve your property is entitled to a mechanics lien on property. The office of the Minnesota Attorney General web site has excellent information about many topics. One of their publications is the “Citizens Guide to Home Building” which explains the Mechanics Lien process. http://www.ag.state.mn.us/ MEDIATION (as related) (583.26) MEDICAL ASSISTANT LIENS (514.982 subd. 2) Filing; (20 Years) runs for 10 years and can be continued for 10 more years. MEDICAL POWER OF ATTORNEYS - Dist. 3 do not accept. Can’t be attached to property. MILITARY DISCHARGE (196.08) “Tangible interest, data privacy (See Military Discharge Tab) Effective Jan. 1, 2004 DD214 applications should be kept for 3 years according to MN VA. This is in the VA’s M21-MR procedure manual: A digitally signed DD Form, or DD Form 215, Correction to DD Form 214,issued by the Department of Defense (DoD), a military service branch, or a State Adjutant General: A digitally signed form is unique in that there is no signature of the certifying official, but there is a 10-digit number following the certifying officials name. Accept these documents if (1) the form appears genuine and unaltered, and (2) The Veteran was discharged on or after August 1, 2008, under other than dishonorable conditions. MINERAL INTEREST (VERIFIED STATEMENT OF OWNERSHIP) (93.55) Required to be recorded before Jan. 1, 1975 as to any interest owned on/or before Dec. 31, 1973 - OR within 1 yr. after acquisition of such interest as to interest acquired after Dec. 31, 1973 and not previously filed OR mineral interest shall forfeit to State. MISFILED DOCUMENTS (386.071) Presenter responsible for paying the recording fee second time if presented as a Torrens document or abstract document . MISCELLANEOUS DOCUMENT RECORDING REQUIREMENTS (507.24) MISFILED TORRENS DOCUMENTS INTO ABSTRACT: (508.76) Responsibility is upon presenter not Recorder/Registrar MISCELLANEOUS FEES - 373.41 The county may charge a fee to record, file, certify, or provide copies of any instrument, document, or paper that is required by law to be filed or which may be filed in any county office. The county may charge fees for service provided by any county office, official, department, court, or employee. The county board may, after a public hearing, establish the amounts of fees to be charged for the services, unless a statute has specified the amount. There must be a reasonable relation between the fee and the cost of providing the service. A county may also impose a fee or an interest charge on payments of money to the county that are more than 90 days overdue, provided that late property tax payments remain subject only to the penalty and interest provisions of chapters 277 and 279. When calculating a fee for a service you can include 15% for administration costs. Note, there has to be a reasonable relationship between the fee and service. I believe the 15% (while specifically not mentioned) would be a safe amount to cover additional benefits costs, if you are using an average wage in your calculation of providing the service (you can’t just automatically use the highest wage in your office). MORTGAGE REGISTRATION TAX (287.01 - 287.13) - imposes a “revenue tax” on the recording of mortgages which are secured by real property located in Minnesota. Besides a civil penalty and possible criminal charges against any person who intentionally attempts to evade paying mortgage registration tax, there are two practical reasons to pay the tax. 1. A mortgage cannot be recorded or registered if mortgage registration tax is not paid. 2. The mortgage exists in “legal limbo”. As stated in M.S. 287.101 “A document or any record of the mortgage may not be received in evidence in any court, and is not valid notice unless the tax has been paid.” For example, the mortgagee (lender) could not foreclose by action if the mortgage was not recorded. If additional money is added to the principal debt, mortgage registration tax is due on the additional amount. This may occur when recording a modification, extension or agreement. Some mortgages are exempt from taxation. Any mortgage taken by a mortgagee (lender) whose property is exempt from taxation under M.S. 272.02, subd. (1) to (7), is exempt from mortgage registration tax. Examples of exempt organizations include churches, federal, state and local government and fraternal benefit societies. If one of these organizations acts as mortgagor (borrower) the mortgage is not exempt, the mortgage is subject to mortgage registration tax. The Minnesota Department of Revenue has provided a form to assist with determining MRT and SDT exemption or minimum tax claim. The top section of the form is for MRT and the bottom section is for SDT. Both sections require a signature. The Exemption code is taken of the back of the form. N NAME CHANGE (386.001) (Laws 1976 Chap. 181) Effective August 1, 1976 Changed name of Register of Deeds to County Recorder NEWSLETTER - “The Recorder”- For very up to date information check out the Clay County Recorders website at: www.co.clay.mn.us. Bonnie does an excellent job keeping clients informed with her newsletters. You can subscribe or un-subscribe to the newsletter on her website. NON-CONSENSUAL COMMON LAW LIENS (514.99) Known as the “non-consensual common law lien” statute, gives recording officials the authority to refuse to file or record purported liens that are non-consensual, that are not provided for by a specific state or federal statute, or that are not imposed by a state or federal court. This statute now grants such authority to county recorders on a permanent basis. See misc. liens tab 358.46 FOREIGN NOTARIAL ACTS 1. NOTARY SEAL (358.47(a)) and (359.03 Subd.1) and( 358.46) 358.57 (a) requires that certificate of notary must include date of expiration, if any, of commission of office; must also include identification of jurisdiction in which notarial act is performed, title of office of notarial officers (and may include official stamp or seal of office). From this statute, there may be some confusion that notarial seal would NOT be required. However under 358.47 (b) it requires that previously mentioned requirements be met and In addition, 4 other requirements also be met which specifically require actions of notarial officer be set forth and those are sufficient to meet the requirements of designated notarial act. Seems clear that an examination of a notarial act would be required in reference to those matters executed and notarized WITHIN the State of MN. (359.03 Subd. 1 states “every notary shall provide himself an official seal with which he shall authenticate his official acts...” Clearly seems to appear that notarial seal must be affixed WITHIN the State of Minnesota However, requirements with regard to OTHER JURISDICTIONS may be somewhat different with regard to affixing notarial seal. 358.41 through 358.47 make no specific reference to necessity of affixing notarial seal in OTHER JURISDICTIONS. Appears requirements for OUT OF STATE notaries would only apply with reference to seals IF required by that jurisdiction. However, it would NOT appear to be the responsibility of recorder to make determination, but to rely on requirements of 358.47 (a) & (b) with reference to form of certificate as opposed to seal being affixed. Responsibility concerning requirements of other jurisdiction in reference to seal is that of notary. Notarial acts in foreign countries require seal unless certified by foreign service or consular officer (358.46) Notary CANNOT certify document. COUNTY OFFICIALS WHO CAN NOTARIZE (358.16) as exoffico (358.15) (358.43(a)(3) When notarizing as an exoffico notary write “MS358" and “no term limit” instead of expiration date. NOTARY PUBLIC SEAL (359.03 Subd. 3) Effective Jan. 1, 1972 Provides for printed seal Notary expiration date and name to be endorsed (359.05. Record of Notary Commission (359.61) Transfer of duties (485.27); Who may act as notary: Ex Officio Notary Public (358.15); Notarial Acts in this State (358.43); Acts in other Jurisdictions (358.44). Standards of conduct for Notary acts (359.085 subd 7) includes Prohibited acts. A notarial officer may not acknowledge, witness or attest to the officer’s own signature. NOTARY STAMP SPECIFICATIONS: Effective August 1, 2010 (359.03 Sub.3) The official notarial stamp consists of the seal of the state of Minnesota, the name of the notary as it appears on the commission or the name of the ex officio notary, the words “Notary Public,” or “Notarial Officer” in the case of an ex officio notary, and the words “My commission expires . . . . or where applicable, My term is indeterminate,” with the expiration date shown on it and must be able to be reproduced in any legibly reproducible manner. Also includes size of stamp etc. CONTINUED NEXT PAGE All persons exercising the powers of a notary public as a result of holding an office will be required to obtain a notarial stamp, so that the recipients of documents so notarized will be able to more effectively use them and avoid questions about whether the document is properly notarized. The stamp for ex officio persons should read “Notarial Officer” not “Notary Public”. There is now a set, statewide format for county recorders to certify official notarial acts and the fee is set at $5.00. NOTARIAL ACTS UNDER FEDERAL AUTHORITY (358.45). Minn. Stat. 358.45(a)(2) provides that a notarial act performed by a commissioned officer on active duty in the US military has the same effect as a notarial act performed by a Minnesota notary. Section 358.47 provides that a notary certificate by a commissioned officer must include the officer's rank and title. Also need a venue. 358.47,b1 refers to 358.48 which shows the representative capacity for an entity. O OATHS (BONDS) RECORDED 382.10 Official bonds of county officers when approved by the county board, and their oaths of office and the bonds and oaths of their deputies, except county recorder, shall be recorded in the office of the county recorder. OATHS OF OFFICE 382.02 OFFICIAL CUSTODY OF RECORDS (IN OFFICE OF RECORDER) (386.17) Recorder is official custodian of records in her/his office; they cannot be removed therefrom unless accompanied by recorder or duly/appointed deputy. Applies equally to registered land documents; states “in recorder’s custody”. OFFICIAL RECORDS Reproduction (15.17) Destruction and Preservation (138.17) OFFICIAL RECORDS (15.17) Official Records as Evidence and who may make certified copies (official custody) (6oo.13 and Records are public information (382.16) verses attested copies from a notary (358.42). OLD AGE ASSISTANCE LIEN LAWS & RELEASES (256.26) Repealed April 11, 1973 Repeals old age assistance lien laws & orders release of existing liens. OPTICAL DISC IMAGING (138.17) Admissible as evidence, set standards. P PATENTS (Certified copy) can be obtained at www.glorecords.blm.gov My contact person is Kimberly Reed 703-440-1547 as of 05/15/12. PREP - (Property Records Education Partners) - Check with your district chair for meeting times PRIA - (Property Records Industry Association) - for membership information email: coordinator@pria.us or check out the website at: www.pria.us PLATS (505.04) (Laws 1983 Chap.222) Effective: July 1, 1983 Law requires before plat can be recorded by recorder, current years property tax must be paid. LOST PLATS (505.178) CORRECTION (505.174) PLAT CONTENTS (505.021) Subd.1 - no longer need hard copy of plat, 1 mylar only 22" x 34" Subd. 2 - Can reject for same/similar names of plats POWER OF ATTORNEY (523.23) new form January 1, 2014. Q R RACE NOTICE STATUTE (386.31) Effective March 7, 1887 (507.25; 507.251; 507.32; 507.34) RAILROAD LANDS (507.31) Certified lists to be filed with county recorder. Prima facie evidence - first in/first recorded/first priority “RACE NOTICE LAW” RECORDERS OPERATE UNDER RECORDABLE WHEN (507.24) RECORDING OF CONVEYANCE: (272.12) must be presented to Auditor and Treasurer Gross Misdemeanor against Recorder (272.12) RECORDING REQUIREMENTS (357.182 subd. 3) Effective calendar year 2011 the maximum time allowed for completion of recording documents will be 10 business days RECORDING STAMP (386.41) CERTIFICATE OF RECORD Every county recorder shall endorse upon each instrument recorded, over the recorder’s official signature, OFFICE OF THE COUNTY RECORDER, ... COUNTY, MINNESOTA, CERTIFIED, FILED, AND/OR RECORDED ON, the date and time when it was recorded and the document number and/or book and page in which it was recorded; and every instrument shall be considered as recorded at the time so noted. RE-RECORDED DOCUMENTS: Requires re-acknowledgment and re-execution verses to correct a ministerial or clerical error by recorder AG Opinion Sept. 6, 1946 373-B-9; AG Opinion March 4, 1913 #429 382.08 RECORDING FEES PAID BY COUNTY. The fees for recording official bonds, oaths of office, certificates, or other evidences of election or qualification for office, required by law to be recorded with the county recorder or court administrator of the district court, shall be paid by the county. REQUEST FOR NOTICE (580.752) Separate document required Right of Way Plats - State Highway and Railroad right of way plats, given solely to monument the location of the right of way and not intended to transfer title. See MN Statute 505.1792 and 505.1793 RUBBER STAMP SIGNATURE (645.44) Can accept if acknowledgment states person signed with a rubber stamp S SAFE AT HOME 2013 LEGISLATION (Minnesota Session Law, chapter 79) (13.045) See attached Summery SATISFACTION OF MORTGAGE (507.412) Not all Mortgagees need to sign unless mortgage states so. (507.411) Name changes only need to be cited in the body of the document, do not have to be in acknowledgment. SECTION CORNERS RELOCATED (381.12) public land survey monument record must be prepared as part of ANY land survey…..file with county recorder. SECURITY DEPOSITS (386.78) Recorder to accept deposits to guarantee payment of charges. States the County Recorder in each county SHALL accept security deposits to guarantee payment of charges. SENIOR CITIZEN PROPERTY TAX DEFERRAL: (290B) SEVERED MINERALS STATEMENT: (93.52) The purpose of the statute governing severed minerals 93.52 is two fold. The first is to identify the ownership of mineral interests owned separately from the surface whether actual minerals occur in the property or not. The second is, since mineral interests separate from the surface are considered to be a taxable interest in real estate, the statement provides the name and address of the party to whom tax statements should be mailed. The taxing authority is found in Chapter 273.165. It is required that these statements be submitted in triplicate. An original and 2 photocopies are acceptable. Record original and put recording info on photocopies. One copy to taxing department one copy stays with recorder for indexing purposes. But with being able to image and index with technology the recorders copy can be sent back with original. SHERIFF CERTIFICATES A Sheriff’s Certificate of Sale CAN have a certified copy of the Court Order reducing the redemption period stapled to it (580.12) (6) MN Statute 580.12 (6) the time allowed by law for redemption, provided that if the redemption period stated in the certificate is five weeks and a longer redemption period was stated in the published notice of foreclosure sale, a certified copy of the court order entered under section 582.032, authorizing reduction of the redemption period to five weeks, must be attached to the certificate ASSIGNMENT OF SHERIFF’S CERTIFICATE (272.12) Must state “No delinquent taxes and transfer entered” and deed tax paid before recordable SOCIAL SECURITY NUMBERS: (13.49; 13.355) Private data but doesn’t apply to documents recorded SOCIAL SECURITY NUMBERS. 13.355 Subdivision 1.General. The Social Security numbers of individuals, whether provided in whole or in part, collected or maintained by a government entity are private data on individuals, except to the extent that access to the Social Security number is specifically authorized by law. Subd. 2. County recorder or registrar of titles. Subdivision 1 does not apply to Social Security numbers that appear in documents or records filed or recorded with the county recorder or registrar of titles, other than documents filed under section 600.23. SPLITS OF PARCELS (272.121) Effective July 1, 1987 A parcel of land that is less than a whole parcel as described in the current tax list (different tax payer). Payment of current taxes necessary on whole parcel before name can be changed on tax list/deed recorded. EXCEPTION: No certification of current tax paid is required when a parcel being conveyed is to Gov’t body defined as state, an agency of state, a county, a home rule charter city, a statutory city and town. Additional EXCEPTIONS also: same as for delinquent taxes under 272.12. Original law was not intended to include contract for deed. However, because of questions by auditors/recorders memo dated July 31, 1987 from DOR recommended contracts for deed be included in type of documents that must have current taxes paid on splits. SPOUSE - CONVEYANCES BY SAME: POWERS OF ATTORNEY (507.02) If owner is married, no conveyance of HOMESTEAD, except a mortgage for purchase money unpaid thereon, a conveyance between spouses pursuant to 500.19 sub. 4*, or severance of joint tenancy pursuant to 500.19 sub. 5* shall be valid without signatures of both spouses. *(500.19 subd. 4) - one or more owners of an interest in real estate may convey all or part of the interest directly to one or more other persons or to one or more of themselves or to any combination of one or more of themselves and other persons as joint tenants or as tenants in common. *(500.19 subd. 5) - a severance of a joint tenancy interest in real estate by a joint tenant shall be legally effective only if: (1) the instrument of severance is recorded in office of recorder/registrar in county where real estate is situated OR (2) instrument of severance is executed by all of the joint tenants; OR (3) the severance is ordered by court of competent jurisdiction; OR (4) a severance is effective pursuant to bankruptcy of joint tenants Husband and wife by joint deed, may convey real estate of either. A spouse, by separate deed, may convey real estate owned by that spouse, EXCEPT the homestead, subject to the rights of other spouse therein; and either spouse may, by separate conveyance, relinquish all rights in real estate so conveyed by the other spouse. Subject to foregoing provisions, either spouse may separately appoint an attorney to sell or convey real estate owned by that spouse, or join in any conveyance made by or for other spouse. A minor spouse has legal capacity to join in conveyance of real estate owned by other spouse, so long as the minor spouse is not incapacitated because of some reason other than that spouse’s minor age. STATE TAX LIENS & RELEASES (270.06) Effective July 1, 1983 Sec. 6 provides that on above date, state tax lien, releases, as in case of federal tax liens and releases, are entitiled to be recorded with recorder without having to be notarized. (270.69) Subd. (b) (1) How filed. STATUTORY CITIES: (412.201) Execution of Instruments Every contract, conveyance, license or other written instrument shall be executed on behalf of the city by the mayor and clerk, with the corporate seal affixed, and only pursuant to authority from council T TANGIBLE INTEREST: Not sure if tangible interest is defined in Federal law, but maybe the release to law enforcement would be covered by the language patched in below, taken from MN stat. 196.08: (c) This section does not prohibit the release of forms DD214 and DD215 or other certificates of discharge from military service by an employee or official within a government entity to another employee or official within that government entity for purposes of performance of official duties. TAX PROTESTORS See tab COMMON LAW LIENS aka CONSENSUAL LIENS (514.99 Tax protestor type liens) If the liens meet the minimum recording requirements they can be recorded. This law gives the party the lien is against a little easier process to release and gives stronger consequences to the party who files the lien. TAXPAYER STATEMENT (507.02) Effective January 1, 1972 Requires information, does NOT apply to court documents/death certificates/any instrument executed/acknowledged OUTSIDE the state. Validity of document not affected by non-compliance (and no penalty upon Recorder). TECHNOLOGY FUND (357.18 subd.4) Jan. 1992. $10.00 of each fee collected under subd. 1 clause (1), shall be deposited in an equipment fund to be disbursed at the county recorder’s discretion to provide modern information services from the records system TORRENS (508) (508.38) include certificate # in recording stamp (508.25) take off part of line 2 of encumbrances from Certificate of Title (508.71 (1a)) corrections of Registrar of Deeds clerical error (508.73) vacation of streets and alleys) Mortgage Duplicates eliminated August 1, 1992 Duplicate owners certificate eliminated TRANSFER ON DEATH DEED (TODD) (507.071) Does not transfer ownership until the death of the grantor. It avoids probate. It is revocable and is exempt from deed tax (287.22 clause 15. Joint tenancy ownership - both need to sign or it is not effective. Must be recorded before death. You need to take to the Auditor’s office to make sure it is not a split, but do not transfer. The Grantor may revoke the deed or convey the property to someone else. There are three documents related to the Death Deed. 1. TODD 2. Revocation of TODD and 3. Death Certificate and Affidavit of Survivorship. An A&DC may be combined with a clearance certificate. The affidavit must include name and mailing address to whom tax statements go. U UNIFORM COMMERCIAL CODE: (336.9-401 & 336.9-403 to 407) Effective July 1, 1966 See UCC TAB V VACATION, TIME OFF FOR COUNTY RECORDER (382.01 (16)) Attorney General. 125-A-33 June 20, 1947 states: Whether a county official shall take a vacation is a matter for the consideration of the official, having in mind the duties and responsibilities of his/her office. VACATION OF STREETS AND ALLEYS (440) VACATION OF TOWNSHIP ROADS (164.07) Establishment, Alteration, or Vacation of Town Road VAULT (375.14) Provide Recorder’s with a vault VITALS (485.27) transfer of duties (485.14) Preservation VOLUNTARY FORECLOSURE - See FORECLOSURE DATA W WELL DISCLOSURE CERTIFICATES (1031.235) (Laws 1989) Effective November 1, 1990 For all deeds/other conveyances dated after October 31, 1990 for which a CRV is required. Rule is: If you received CRV you must either have a well certificate OR the information concerning “no wells”. Effective July 1, 1991 also became effective for all state deeds issued for tax forfeited lands. Effective August 1, 1991 fee of $20 imposed to be collected by recorders. Effective July 1, 2002 fee of $30.00 imposed to be collected by recorders. Effective July 1, 2006 fee of $40.00 imposed to be collected by recorders. Effective July 1, 2008 fee of $45.00 imposed to be collected by recorders Breakdown for payment: County $7.50 and State $37.50 Effective July 1, 2009 Well Certificates accepted electronically (online). Breakdown for payment: County $7.50 State $37.50 Effective July 21, 2011 fee of $50.00 imposed to be collected by recorders. Breakdown for payment: County $7.50 State $42.50 WITNESS ELIMINATION ( ) Effective August 1, 1973 Eliminated witnesses on conveyance, powers of attorney other instruments affecting real estate EXCEPT: Ante nuptial contracts (519.11 Subd. 2); Bonds (574.13); Notice of Homestead Exemption (510.07); persons signing my mark (645.44 subd.14) because of interpretation of statute X Y Z ZONING (394.37 subd. 1) Attorney General’s opinion 59A-32 May 11, 1965, cites in part: “The duties of the Register of Deeds and of the Register of Titles are prescribed by Statute, and such duties can neither be restricted nor modified by an ordinance enacted by the city council, except as authorized by statute”. ACRONYMS AMC - Association of Minnesota Counties AMCO - Association of Metro County Officers MACO - Minnesota Association of County Officials MACATFO - Minnesota Association of County Auditor’s, Treasurers and Financial Officers MAT - Minnesota Association of Townships MCRA - Minnesota County Recorder’s Association MDH - Minnesota Department of Health MDR - Minnesota Department of Revenue MLTA - Minnesota Land Title Association NACRC - National Association of County Recorder’s, Elected Officials and Clerks PEPSA - Public Employees Pension Association - Watchdog association to protect our PERA - Benefits. Active since 1972 PREP - Property Records Education Partners PRIA - Property Records Industry Association SOS - Secretary of State (aka OSS) SAH - Safe at Home EWALD CONSULTING - Our New Management Firm