Minnesota Warranty Deed

Introduction

Key Things to Know

1. 1

   A warranty deed is a deed in which the seller guarantees clear title and agrees to defend the buyer against any later claim. Minnesota's statutory conveys-and-warrants form gives this full protection, unlike its quitclaim, which guarantees nothing and does not even pass after-acquired title.

2. 2

   Minnesota codifies a statutory warranty deed. The operative words conveys and warrants (Minnesota Statutes Section 507.07) carry five covenants: lawfully seized in fee simple, good right to convey, free from all encumbrances, quiet and peaceable possession, and that the grantor will defend the title against all persons who may lawfully claim it.

3. 3

   Because the statutory warranty runs against all persons who may lawfully claim, the Minnesota Section 507.07 form is a general warranty deed. A special or limited warranty deed narrows that defense to claims arising through the grantor's own acts, and is created by qualifying the warranty language.

4. 4

   You record the signed, acknowledged deed with the county recorder of the county where the property is located, or with the registrar of titles if the land is registered Torrens land (Minnesota Statutes Section 507.24). Minnesota is a notice state, so recording promptly protects you against a later good-faith buyer (Section 507.34).

5. 5

   The grantor's signature must be acknowledged before a notary, and the deed must carry the original signatures of the parties and the notary, before it can be recorded (Minnesota Statutes Section 507.24). Minnesota does not require subscribing witnesses for a deed.

6. 6

   Minnesota charges a state deed tax of 1.65 dollars when consideration is 3,000 dollars or less and 0.0033 of the net consideration when it exceeds 3,000 dollars, due at recording (Minnesota Statutes Section 287.21). A Certificate of Real Estate Value (eCRV) is required for transfers over 3,000 dollars (Section 272.115).

7. 7

   If the property is the marital homestead, both spouses must sign the deed to convey it, even if only one spouse holds title (Minnesota Statutes Section 507.02). A homestead conveyance missing a spouse's signature is not valid.

Minnesota Requirements for Warranty Deed

• Title Guarantee and Covenants

  A warranty deed guarantees clear title and defends the buyer against claims. Minnesota codifies a statutory warranty deed whose operative words are convey and warrant (Minnesota Statutes Section 507.07). Those words carry five covenants: the grantor is lawfully seized in fee simple, has good right to convey, the premises are free from all encumbrances, the grantor warrants quiet and peaceable possession, and the grantor will defend the title against all persons who may lawfully claim it.

• General vs Special Warranty

  Because the Section 507.07 warranty runs against all persons who may lawfully claim, the statutory Minnesota form is a general warranty deed that covers defects predating the grantor. A special or limited warranty deed narrows the defense to claims arising by, through, or under the grantor's own acts, and is created by qualifying the warranty language. A quitclaim deed, also codified in Section 507.07, gives no covenants at all.

• Record with the County Recorder or Registrar

  Record the signed, acknowledged deed with the county recorder of the county where the real estate lies, or with the registrar of titles if the parcel is registered Torrens land (Minnesota Statutes Section 507.24). Minnesota is a notice state, so a later good-faith purchaser who records first can defeat an earlier unrecorded deed (Section 507.34). Record promptly to protect your interest.

• Notary Acknowledgment, No Witnesses

  Before recording, the grantor's signature must be acknowledged before a notary, and the deed must carry the original signatures of the parties and of the notary (Minnesota Statutes Section 507.24). Minnesota does not require subscribing witnesses for a deed, so a proper certified acknowledgment is the recording path.

• State Deed Tax and eCRV

  Minnesota imposes a state deed tax of 1.65 dollars when the consideration is 3,000 dollars or less and 0.0033 of the net consideration when it exceeds 3,000 dollars, due when the deed is presented for recording (Minnesota Statutes Section 287.21). A Certificate of Real Estate Value (eCRV) must be filed for transfers over 3,000 dollars (Section 272.115). Hennepin and Ramsey counties may add an additional deed tax.

• Legal Description, Parties, and Well Disclosure

  Identify the grantor and grantee, state the consideration, and include the full legal description of the property (not just the street address or parcel number). Minnesota deeds also require a well disclosure statement or certificate for most recordable transfers (Minnesota Statutes Section 103I.235). Errors in the legal description or in how the grantee takes title are a common and costly source of later title problems, so confirm both against the current deed of record.

• Both Spouses Join for the Homestead

  If the property is the marital homestead, both spouses must sign the deed to convey it, even if only one spouse holds title (Minnesota Statutes Section 507.02). Narrow exceptions include a purchase-money mortgage and an interspousal conveyance. Minnesota is not a community property state; this is a homestead-joinder rule, and a homestead conveyance missing a spouse's signature is not valid. Confirm homestead status before signing.

• Formatting Standards for Recording

  Choose the deed to match the protection intended: a general warranty deed warrants title against all claims and is Minnesota's standard Section 507.07 form; a special warranty deed limits the defense to the grantor's own acts; a quitclaim gives no covenants. Recordable deeds must also meet Minnesota's document standards, including sheets no larger than 8.5 by 14 inches, 8-point or larger black type, and a three-inch blank space at the top of the first page (Minnesota Statutes Section 507.093).