What is a Quitclaim Deed in Minnesota?
A Quitclaim Deed in Minnesota is a quick method of transferring property ownership. It allows the property owner (“Grantor”) to transfer their interests in the property to a new owner (“Grantee”). Quitclaim deeds are a quick way to transfer property, yet, they provide the lowest level of security among real estate deeds in Minnesota.
The most common use of quitclaim deeds is between two parties with high levels of trust, such as family members or close friends.
What is the Difference Between a Quitclaim Deed and a Warranty Deed in Minnesota?
The main difference between a quitclaim deed and a warranty deed lies in the level of protection they offer to the Grantee on the property’s title. A quitclaim deed does not provide any promises of protection, making it faster but lacking assurance of a valid title. On the other hand, a warranty deed ensures full protection, guaranteeing the property’s freedom from ownership conflicts but involves a lengthier process to verify compliance with local, state, and federal laws.
How Do Quitclaim Deeds Work in Minnesota?
State law ruling quitclaim deeds can be found in Minnesota Statutes, Chapter 507. The deed has to be in writing and it should have specific language transferring the title from the Grantor to the Grantee. The Grantor must acknowledge and sign the deed before recording and delivering it to the Grantee.
Can You Prepare Your Own Quitclaim Deed in Minnesota?
A professional drafter is not legally required in Minnesota. If a drafter does prepare the document, their name and address must be included in the deed as the drafter.
Minnesota Quitclaim Deed Requirements
There are multiple requirements for formatting and content that need to be included in a quitclaim deed in Minnesota.
Formatting Requirements.
Formatting requirements for quitclaim deeds in Minnesota include:
- The paper of the deed must be white, 20lb weight, and cannot exceed 8 1/2 x 14 inches (legal size).
- The font must be at least 8-point, printed, typewritten, or computer-generated in black ink.
- The first page requires a 3-inch blank top margin. Recording info goes top-right, tax certification top-left. All other margins must be ½ inch.
Content Requirements.
Content requirements for quitclaim deeds in Minnesota include:
- The title of the document “Quitclaim Deed” must be at the top of the first page.
- Grantor and Grantee’s full names and addresses.
- Grantor’s marital status.
- Name of drafter.
- The property address.
- Legal description of the property.
- Property’s homestead status.
- Transfer Date.
- A statement confirming the tax status of the deed, including amounts owed, transfer tax, or exemptions, if any.
- A Certificate of Real Estate Value (Online eCRV; or paper form) is required for any sale or transfer of property valued over $3,000 in MN.
- If the property contains a well, the grantor must include a Well Disclosure Statement.
Who Signs a Quitclaim Deed in Minnesota?
In Minnesota, only the person handing over ownership of the property (Grantor) needs to sign the deed, the signature has to be stamped and authenticated by a notary.
The notarization can be completed online and signed electronically.
If the Grantor is married and the property is registered as a homestead, both spouses must sign the quitclaim deed. Alternatively, a spousal waiver of homestead rights can be signed and attached.
How to File a Quitclaim Deed in Minnesota
Here’s how to file a quitclaim deed in Minnesota:
- Draft the quitclaim deed following the state’s formatting and content guidelines.
- Ensure the Grantor’s signature is validated by a notary.
- If the value of the property exceeds $3,000, complete a Certificate of Real Estate Value.
- The Certificate of Real Estate Value may be submitted online (eCRV).
- Paper forms can be obtained and attached to the quitclaim deed application. Forms are available at county offices, banks, and title companies or ordered via Minnesota’s Bookstore by calling 1-800-657-3757.
- Complete the Well Disclosure Form.
- Attach a statement containing the tax status of the property.
- Submit the completed set of documents, along with the applicable fees, to the County Recorder’s Office.
How Much Does it Cost to File a Quitclaim Deed in Minnesota?
Basic filing fees for a quitclaim deed in Minnesota are as follows:
Recording Document – $46
State Treasury General Fund – $10.50
Recorder Technology Fund – $10
Unallocated Fund – $11
County General Fund – $14.50
In addition to the basic fees above, a Well Disclosure Statement will cost $100, and cross-referencing recorded documents cost $10.
Each county may require separate filing and recording fees.
What Taxes Are Owed on Quitclaim Deeds in Minnesota?
In Minnesota, the purchase of property using a quitclaim deed triggers two separate taxes:
- Mortgage Registry Tax – The MRT is 0.23% of the total sale price of the property and is generally paid by the new owner.
- Deed Tax (or transfer tax) – The Deed Tax is 0.33% of the total sale price of the property and is generally paid by the new owner. If the total sale price is below $3,000, the tax owed will be $1.65.
If the transfer does not involve any payment in return, then no taxes are due.
Moreover, federal taxes such as Gift Tax and Capital Gains Tax may also be applicable.
How Long Does a Quitclaim Deed Take to be Recorded in Minnesota?
The length of time to record a quitclaim deed in Minnesota varies greatly depending on the processes, procedures, and population of each county. For example, Hennepin County takes three business days to process a deed.
What Happens After a Quitclaim Deed is Recorded in Minnesota?
In Minnesota, once the quitclaim deed is signed and filed, the county will process the document, creating a public record of the transfer of ownership.
If the deed is clear of any previous filings, a public record of the transfer of the property’s ownership will be made official.
How Long Are Quitclaim Deeds Valid For in Minnesota?
There is no expiration for quitclaim deeds in Minnesota. However, the statute of limitations for challenging a deed is 6 years from the date the deed was recorded with the county.
Sources
- 1 Minnesota Statutes 507.07
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Warranty and Quitclaim Deeds: Forms; Every such instrument, duly executed, shall be a conveyance to the grantee, the grantee’s heirs and assigns, of all right, title, and interest of the grantor in the premises described, but shall not extend to after acquired title, unless words expressing such intention be added.
Source Link - 2 Minnesota Statutes 507.24
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“Unless otherwise provided by law, an instrument affecting real estate that is to be recorded as provided in this section or other applicable law must contain the original signatures of the parties who execute it and of the notary public or other officer taking an acknowledgment”
Source Link - 3 Minnesota Statutes 507.091
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Conveyance to include name and address of drafter. Name and address required. No instrument by which the title to real estate or any interest therein or lien thereon, is conveyed, created, encumbered, assigned or otherwise disposed of, shall be recorded by the county recorder or registered by the registrar of titles until the name and address of the person who or corporation which drafted the instrument is printed, typewritten, stamped or written on it in a legible manner.
Source Link - 4 Minnesota Statutes 507.093
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Standards for documents to be recorded or filed. The following standards are imposed on documents to be recorded with the county recorder or the registrar of titles…
Source Link - 5 Minnesota Statutes 287.241
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Statement of tax due or exemption; recording or registering of documents. No deed or instrument, taxable under the provisions of section 287.21, shall be recorded unless it contains the statement of the grantor or grantee, or any successor in interest, setting forth the amount of tax due under this chapter or that it is exempt from tax.
Source Link - 6 Minnesota Statutes 272.115
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Certificate of value; filing. Except as otherwise provided in subdivision 5, 6, or 7, whenever any real estate is sold for a consideration in excess of $3,000, whether by warranty deed, quitclaim deed, contract for deed or any other method of sale, the grantor, grantee or the legal agent of either shall file a certificate of value with the county auditor in the county in which the property is located when the deed or other document is presented for recording.
Source Link - 7 Minnesota Statutes 103I.235
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Real property sale; disclosure of location of wells; Before signing an agreement to sell or transfer real property, the seller must disclose in writing to the buyer information about the status and location of all known wells on the property…
Source Link - 8 Minnesota Statutes 507.24
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Subd. 2. Original signatures required. (a) Unless otherwise provided by law, an instrument affecting real estate that is to be recorded as provided in this section or other applicable law must contain the original signatures of the parties who execute it and of the notary public or other officer taking an acknowledgment…
Source Link - 9 Minnesota Statutes 507.24
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(b) Any electronic instruments, including signatures and seals, affecting real estate may only be recorded in conformance with standards implemented by the Electronic Real Estate Recording Commission created under the Minnesota Real Property Electronic Recording Act, sections 507.0941 to 507.0948.
Source Link - 10 Minnesota Statutes 357.18
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COUNTY RECORDER. Subdivision 1.County recorder fees. The fees to be charged by the county recorder shall be and not exceed the following:
(1) for indexing and recording any deed or other instrument a fee of $46; $10.50 shall be paid to the state treasury and credited to the general fund; $10 shall be deposited in the technology fund pursuant to subdivision 4; and $25.50 shall be deposited in the county general fund…
Source Link - 11 Mortgage Registry Tax
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Mortgage Registry Tax is based on the amount of debt being secured by Minnesota real property. The tax is collected and paid to the Minnesota county where the mortgage document is being recorded.
Source Link - 12 Minnesota Statutes 287.21
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The tax is determined in the following manner: (1) when transfers are made by instruments pursuant to (i) consolidations or mergers, or (ii) designated transfers, the tax is $1.65; (2) when there is no consideration or when the consideration, exclusive of the value of any lien or encumbrance remaining thereon at the time of sale, is $3,000 or less, the tax is $1.65;
Source Link - 13 Minnesota Statutes 541.05
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Subdivision 1.Six-year limitation. Except where the Uniform Commercial Code otherwise prescribes, the following actions shall be commenced within six years: upon a contract or other obligation, express or implied, as to which no other limitation is expressly prescribed;
Source Link