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There are two real estate recording systems in Minnesota: Abstract Title and Torrens Title. In Clay County, all parcels of land are abstract except for the parcels on the Torrens Title Property in Clay County list. To view this list, visit the Clay County Recorder's webpage. Deeds, mortgages, and other instruments (Abstract and Torrens) related to real property located in Clay County can be recorded with the Clay County Recorder.
Recording Fees
The recording fee for Abstract and Torrens property is $46, regardless of the number of pages. For each additional document number cited over four, the fee is $10.
A Plat Recording fee of $56 may apply to the document.
A Well Disclosure Certificate is $50.
A Condition of Title/Certified Copy of Certificate of Title is $50.
An overpayment of $10 or less will be kept as miscellaneous fees.
The deed tax will be calculated at the rate of .0033 per the amount of consideration, exclusive of the value of any lien or encumbrance remaining at the time of sale. The minimum deed tax due is $1.65. A deed tax calculator is available on the Clay County Recorder's webpage.
Checks for recording are often sent out to different departments. To avoid confusion or delay, make all checks payable to Clay County. Checks for State Deed Tax and Mortgage Registry Tax can be combined into one check. A separate check is needed for delinquent taxes and recording fees. If numerous documents are submitted for recording with one check to cover all recording fees and any of the documents are not in recordable form, all documents will be returned without recording. Refund checks are not provided.
Document Formatting Requirements
* A document shall consist of one or more individual sheets measuring no larger than 8.5 x 14 inches and no smaller than 8.5 x 11 inches.
* The form should be printed, typewritten, or computer-generated in black ink in a font size of at least 8 point. Do not use highlighting on documents submitted for recording. The highlighted areas often shows up darkened when the document is reproduced.
* When presenting a document for recording, it should be sufficiently legible to reproduce a readable copy using the County Recorder's current method of reproduction.
* The document should be on 20# white paper and, except for the first page, should have .5 inch margins on the top, bottom, and each side. No additional sheet can be attached or affixed to a page that covers up any information or printed part of the form.
* The first page should contain a blank top margin measuring 3 inches and inch margins for each side and bottom. An administrative page may be attached to the document in order to meet this requirement. The administrative page should contain the document title, document date, and if applicable, the grantor and grantee. It will be deemed part of the document when recorded.
* The right half of the blank space is reserved for recording information and the left half is reserved for tax certification.
* The title of the document should be prominently displayed at the top of the first page immediately after the 3-inch top margin.
* Documents need to show a date of execution.
* The grantor and grantee connected with the property should be named in the document.
* Provide a complete legal description for the real property.
* The document needs to have a proper acknowledgment (notary seal/stamp, signatures, and marital status, when applicable). The Clay County Recorder's office does not provide notary services.
* Include the name and address of the person who drafted the instrument.
* Provide reference document numbers when applicable.
* Documents are mailed back to the submitter, unless a self-addressed stamped envelope with a different address is submitted with the document.
STATE DEED TAX AND CERTIFICATE OF REAL ESTATE VALUE
Instruments requiring deed tax must state the amount of tax due or must state if the document is exempt.
The buyer of real property must file a Certificate of Real Estate Value with the county auditor where the property is located if the sale price (or other consideration) is greater than $1,000. This is needed for a warranty deed, contract for deed, quit claim deed, trustee deed, executor deed, or a probate deed.
If one of the following statements appears on the deed, a Certificate of Real Estate Value is not needed: "Total consideration is $500 or less," or "Total consideration is $1,000 or less."
THE NEW eCRV: As of October 2014, transfer deeds require submission of an electronic Certificate of Real Estate Value (CRV).
* Submitters fill in the online eCRV form and receive an eCRV ID number.
* They must reference this eCRV ID number when presenting the deed to the county.
* Counties view eCRV data online, verify, and add additional information. They may also download or upload data as needed.
* Paper copies are no longer accepted.
Payment of the current year's taxes is required when tax parcels are split or land is platted.
WELL DISCLOSURE CERTIFICATE
If a Certificate of Real Estate Value is required, a well disclosure certificate is also needed. The Well Disclosure Certificate can be filed online. If there are no wells on the property, the transfer document must contain a statement attesting to this fact, such as: "The seller certifies that the seller does NOT know of any wells on the described real property."
If there are wells on the property, a completed Well Disclosure Certificate must accompany the deed.
If the seller can make the following statement on a transfer document, a Well Disclosure Certificate is not needed: "I am familiar with the property described in this instrument and I certify that the status and the number of wells on the described real property have not changed since the last previously filed Well Disclosure Certificate."
The Well Disclosure Certificate, in addition to more information regarding the form, is available on the Minnesota Department of Health website.
RE-RECORDING
When re-recording a document, a statement as to why the document is being re-recorded needs to be on the document with new signatures and new acknowledgments of the parties involved. A corrective document is preferred.
A corrective document also needs to include the number of the original document being corrected and a statement that indicates what is being corrected.
If an inconsequential correction is made to a real estate document, use XXX or a solid line to show the error and then write or type the correction. Use initials to identify the person making the correction. Do not use white out, as it can easily be scraped off.