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Recording Requirements
Do not use white out, it can easily be scraped off. If there needs to be a correction made, use Xs or a solid line to show the error, type corrections, and include initials by parties involved.
Requirements When Recording Deeds
- Recording Fee: see the Fees Schedule page for more information.
- Always Include the Title of Document.
- Certificate of Real Estate Value: Required if consideration is over $3,000. Form can be completed online through the Minnesota Department of Revenue website.
- State Deed Tax: See the Deed Tax page for more information.
- Well Information: Required if a eCRV is required. See Well Disclosure for more information.
- Complete Legal Description: The legal descriptions on tax statements are often only abbreviated versions and are not considered complete.
- Send Tax Statements to : Always include the name and address, Minnesota Statute 507.092
- Drafted by Statement: Include name and address, Minnesota Statute 507.091
- Complete Acknowledgement: Venue (state and county where acknowledgment took place) date, notary seal, notary signature, notary commission expiration, names and marital status of signatures being acknowledged or if a corporate acknowledgment business name, who signs and their titles.
- Delinquent Real Estate Taxes must be paid. Contact the Clay County Auditor's Office at 218-299-5006 with questions.
- Septic Certification: If you live in a non residential / non commercial or non rural area a Septic Certificate is not required. If you live in a rural residential / commercial area a Septic Certificate is required from Environmental Health, contact them at 218-299-7195, but recording will not be delayed. The Environmental Health Office will be notified. Clay County Environmental Health has information on Clay County septic requirements.
- Split in Tax Parcel: Current taxes must be paid in full and a survey may be required. Moorhead City Planning and Zoning has information on the development process when dividing real estate parcels within 2 miles of Moorhead or within the City of Moorhead. Clay County Planning and Zoning has information on the requirements when dividing real estate parcels in rural Clay County.
Requirements When Recording Mortgages
- Recording Fee: See the Fees Schedule page for more information.
- Include the Title of the Document.
- Mortgage Registry Tax (MRT): See the Mortgage Registry Tax page for more information.
- Complete Legal Description: The legal descriptions on tax statements are often only abbreviated versions and are not considered complete
- Drafted by Statement: Include name and address, Minnesota Statute 507.091
- Complete Acknowledgement: Venue (state and county where acknowledgment took place) date, notary seal, notary signature, notary commission expiration, names and marital status of signatures being acknowledged or if a corporate acknowledgment business name, who signs and their titles.
Requirements When Recording Real Estate Documents That Are Not Deeds or Mortgages
- Recording Fee: See the Fees Schedule page for more information.
- Include the Title of Document.
- Complete Legal Description: Include a complete legal description if a document is to be indexed against a parcel of land. Legal descriptions on tax statements are often only abbreviated versions and not considered complete.
- Drafted by Statement: Include name and address, Minnesota Statute 507.091
- Complete Acknowledgment: Venue (state and county where acknowledgment took place) date, notary seal, notary signature, notary commission expiration, names and marital status of signatures being acknowledged or if a corporate acknowledgment business name, who signs and their titles. Affidavits require a subscribed and sworn to format instead of a complete acknowledgement.