Minnesota Warranty Deed
A Minnesota warranty deed guarantees clear title and defends the buyer against claims, recorded with the county recorder using conveys and warrants language. Attorney review available.
Introduction
Minnesota codifies a true warranty deed: under Minnesota Statutes Section 507.07 the operative words conveys and warrants carry five covenants, including the grantor's guarantee of clear title and promise to defend it against all persons who may lawfully claim it. That title guarantee is what separates it from a quitclaim deed, which promises nothing and only passes whatever interest the seller happens to have. A general warranty deed protects against every title defect, including ones that arose before the seller owned the property; a special or limited warranty deed covers only problems created during the seller's own ownership. Minnesota is one of the states that codifies a true warranty deed. Under Minnesota Statutes Section 507.07 the operative words are conveys and warrants, and that phrase carries five covenants: that the grantor is lawfully seized of the premises in fee simple, has good right to convey, that the premises are free from all encumbrances, that the grantor warrants quiet and peaceable possession, and that the grantor will defend the title against all persons who may lawfully claim it. Because that defense runs against all lawful claims, the statutory Minnesota form is a general warranty deed. You record the signed, acknowledged deed with the county recorder of the county where the property sits, or with the registrar of titles if the land is registered Torrens land (Minnesota Statutes Section 507.24). DocDraft builds your Minnesota deed from your facts, with attorney review available before you record.
Key Things to Know
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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.
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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.
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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.
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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).
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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.
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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).
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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.
Key decisions before you file
Before you file a Warranty Deed in Minnesota, a few decisions shape the document: which option to choose and what each one means. The Warranty Deed guide walks through them.
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Minnesota Requirements for Warranty Deed
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.
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 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.
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.
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.
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.
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.
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).
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Check my Warranty DeedFrequently Asked Questions
A warranty deed guarantees the seller holds clear title and will defend the buyer against claims to the property. A quitclaim deed makes no promises at all; it passes only whatever interest the seller actually has. Minnesota codifies both forms in Minnesota Statutes Section 507.07: the warranty deed uses conveys and warrants and carries five covenants of title, while the quitclaim uses conveys and quitclaims and carries none and does not even pass after-acquired title unless words expressing that intention are added.
Under Minnesota Statutes Section 507.07, the words conveys and warrants make the grantor promise that the grantor is lawfully seized of the premises in fee simple and has good right to convey them, that the premises are free from all encumbrances, that the grantor warrants the grantee's quiet and peaceable possession, and that the grantor will defend the title against all persons who may lawfully claim it. Because the defense runs against all lawful claims, including defects predating the grantor, it is a general warranty.
Minnesota uses a warranty deed, not a grant deed. Unlike California, which codifies a grant deed with only implied covenants, Minnesota codifies a full general warranty deed in Minnesota Statutes Section 507.07 with the express operative words conveys and warrants and five stated covenants. Minnesota also codifies a quitclaim deed form in the same section for transfers where no title guarantee is intended.
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 parcel is registered Torrens land (Minnesota Statutes Section 507.24). The deed must first be acknowledged before a notary and carry original signatures. Minnesota is a notice state, so a good-faith buyer who records first can defeat an earlier unrecorded deed, which is why you should record promptly (Section 507.34).
Minnesota does not require an attorney to prepare or record a deed; an individual may prepare and record their own warranty deed. Because a deed transfers title and a mistake in the legal description, the covenants, or how title is held can be expensive to fix, and because Minnesota homestead conveyances are void without both spouses' signatures, many people have the deed reviewed before recording. DocDraft prepares your Minnesota deed from your facts, with attorney review available as an option before you record.
It must be notarized. Before a Minnesota deed can be recorded, the grantor's signature has to 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 what allows the county recorder or registrar of titles to record it.
Yes. 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 at the time 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.
For the marital homestead, yes. Minnesota Statutes Section 507.02 provides that no conveyance of the homestead is valid without the signatures of both spouses, even when only one spouse holds title, subject to narrow exceptions such as a purchase-money mortgage or an interspousal conveyance. Minnesota is not a community property state, so this is a homestead-joinder rule; confirm whether the property is homestead before signing to avoid a void transfer.