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 on the recorder real estate page for more information.
  • Include the Title of Document.
  • Certificate of Real Estate: The value is required if total consideration is over $1,000. The 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 Certificate of Real Estate Value (CRV) is required.  See the Well Disclosure Certificates on the Clay County website for more information.
  • Complete Legal Description: The legal descriptions on tax statements are often only abbreviated versions and not considered complete.
  • Send Tax Statements to: Always include the name and address, Minnesota Statute 507.092.
  • Drafted by Statement: Include the appropriate signatures of grantors name and address, Minnesota Statute 507.091 and marital status.
  • Complete Acknowledgement: Venue (state and county where acknowledgment took place), date, notary signature, notary seal and notary commission expiration if required by notary jurisdiction, name(s) of person(s) being acknowledged or if a representative capacity, name(s) of person(s) as ____ (type of authority, e.g., officer, trustee, etc.) of ____(name of party on behalf of whom the instrument was executed), Minnesota Statute 358.48
  • Delinquent Real Estate Taxes must be paid. Contact Clay County Auditor’s Office with questions.
  • Septic Certification: Non residential / non commercial or non rural - septic certificate not required. Rural residential / commercial - septic certificate is required from environmental health (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 on the recorder real estate 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 not considered complete.
  • Drafted By Statement: Include the appropriate signatures of mortgagors name and address, Minnesota Statute 507.091.
  • Complete Acknowledgement: Venue (state and county where acknowledgment took place), date, notary signature, notary seal and notary commission expiration if required by notary jurisdiction, name(s) of person(s) being acknowledged or if a representative capacity, name(s) of person(s) as ____ (type of authority, e.g., officer, trustee, etc.) of ____(name of party on behalf of whom the instrument was executed). Minnesota Statute 358.48.
Requirements When Recording Real Estate Documents That are Not Deeds or Mortgages
  • Recording Fee: See the fees schedule on the recorder real estate page for more information.
  • Include the Title of the Document.
  • Complete Legal Description: If the document is to be indexed against a parcel of land. Legal descriptions on tax statements are often only abbreviated versions and are not considered complete.
  • Drafted by Statement: Include the appropriate signatures name and address, Minnesota Statute 507.091.
  • Complete Acknowledgment: Venue (state and county where acknowledgment took place), date, notary signature, notary seal and notary commission expiration if required by notary jurisdiction, name(s) of person(s) being acknowledged or if a representative capacity, name(s) of person(s) as ____ (type of authority, e.g., officer, trustee, etc.) of ____(name of party on behalf of whom the instrument was executed), Minnesota Statute 358.48. Affidavits require a subscribed and sworn to format instead of a complete acknowledgment.
Most Common Reasons Real Estate Documents are Returned Without Recording
  • If the notary acknowledgment is not complete.
  • If the well information is missing from a transferring document.
  • If the draftsman statement is missing.
  • If the legal description is not consistent or it is questionable when compared to records.
  • If the recording fee included is incorrect.
  • if there are delinquent real estate taxes due.
  • If there is a missing Certificate of Real Estate Value (CRV) or CRV is not complete.
  • If there is an incorrect deed tax.
  • If there is an incorrect mortgage registry tax.
  • If there is no name and address of where to mail future tax statements.
Help avoid rejection delays by e-recording documents. For more information contact the Recorder's Office at 218-299-5031.