MN Underwriting Summary

Vesting

Tenancy in Common and Joint Tenancy Only.

Transfer to two or more parties is presumed to be tenancy in common Minn Stat 500.19 subd 2

Tenancy by the Entirety is no longer recognized in Minnesota

The language “as joint tenants” is sufficient to create a survivorship right in Minnesota. It is not necessary spell out “with right of survivorship” there the way it is any many states.

Minnesota has by statute deviated from the common law and allows the creation of a joint tenancy without satisfying the common law unities of unity of time, title, interest, and possession. Minn Stat 500.19 subd 3.

Divorce or recorded notice of severance may terminate the Joint Tenancy.

Spousal Joinder Requirements/Homestead

No conveyance of homestead property is valid without the joinder of the non-titled spouse. Minn Stat. 507.02

Instrument Requirements

RON REMOTE ONLINE NOTARIZATION AUTHORIZATION Effective January 1, 2019, the Minnesota Legislature enacted remote online notarization pursuant to Minnesota Statutes 358 and 359, allowing a notary public who is physically located in this state to perform a remote online notarial act as defined in Minnesota Statutes 358.645.

Remote Online Notarization Authorization Registration To apply for Remote Online Notarization Authorization, applicants must be currently registered as an active Minnesota Notary, must have filed the notary public commission in the county where they live, must be in possession of proof of filing (receipt or copy) and be able to produce that proof upon request. If you have not filed with your resident county, you will need to comply with Minnesota Statutes section 359.061, Subd. 1 and 357.021, Subd. 2 (12) before applying for remote online notarization authorization.

A remote online notary public must be physically located in this state to perform a remote online notarial act pursuant to Minnesota Statutes 358.645, Subd. 3 (a).

Before a notary performs a remote online notarization, the notary public must register with the Secretary of State according to Minnesota Statutes 359.01, Subd. 5 and must certify that the notary intends to use communication technology that conforms to Minnesota Statutes 358.645, Subd. 2.

Time Limitations

• US Judgment Liens 20 years, renewable for 20 years
• State Court Judgment Liens
• Federal Tax Liens 10 years (+30 days); can be refiled
• State Tax Liens
• Estate Tax Lien Federal 10 years
• State Inheritance Tax Liens
• Mechanics Liens
• Financing Statements 5 years
• Mortgages
• HOA Liens
• Condominium assessments