DISCLAIMER: For informational and educational purposes only. Nothing here is legal advice, a title opinion, or a commitment to insure, and no attorney-client relationship is created. No one may rely on this content for any transaction or legal decision. Coverage is governed solely by the terms of an issued policy or commitment, and requirements vary by state and underwriter. Consult your own attorney and underwriter. Views are my own and not those of my employer.

Title in a Minute with Shawn Tidwell

State Library

Minnesota

Mechanics' liens, recording formalities, future advances, subdivision rules, title premiums and recording taxes in Minnesota, in plain English with statute cites. Last researched Oct 2026.

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Title in a Minute · www.titleinaminute.com/library/states/minnesota · Printed reference copy.

DISCLAIMER: For informational and educational purposes only. Nothing here is legal advice, a title opinion, or a commitment to insure, and no attorney-client relationship is created. No one may rely on this content for any transaction or legal decision. Coverage is governed solely by the terms of an issued policy or commitment, and requirements vary by state and underwriter. Consult your own attorney and underwriter. Views are my own and not those of my employer.

Key quirkThe contractor's pre-lien notice is mandatory: no notice, no lien.

Minnesota at a Glance

Topic Minnesota answer Where it comes from
Contractor pre-lien notice In the written contract, or within 10 days after the work is agreed on; no notice, no lien Minn. Stat. § 514.011, subd. 1
Sub and supplier pre-lien notice Within 45 days after first furnishing (exceptions for larger commercial and multifamily jobs) Minn. Stat. § 514.011, subd. 2, 4b, 4c
Lien statement Record and serve within 120 days after the last work Minn. Stat. § 514.08
Suit Within 1 year after the last item in the lien statement, with a recorded lis pendens Minn. Stat. § 514.12
Priority All liens attach from the first item furnished for the improvement; against a BFP or lender without notice, not before the actual and visible beginning of work Minn. Stat. § 514.05
Recording act Race-notice Minn. Stat. § 507.34
Two systems Abstract land and Torrens (registered) land Minn. Stat. ch. 508
Remote notarization Yes, by a commissioned remote online notary Minn. Stat. § 358.645
Deed transfer tax Deed tax 0.33% of net consideration ($1.65 minimum), plus 0.01% in Hennepin and Ramsey; seller pays by custom; eCRV required Minn. Stat. § 287.21
Mortgage/indebtedness tax Mortgage registry tax 0.23% of the debt (0.24% in Hennepin and Ramsey); revolving lines taxed on the maximum; amendments exempt, refinances taxed Minn. Stat. §§ 287.035, 287.05
Revolving credit mortgages Notice from recording for all advances and readvances, obligatory or not, if the mortgage states the maximum Minn. Stat. § 507.325
Subdivision Recorders won't record metes-and-bounds conveyances that violate local subdivision rules, with listed exceptions Minn. Stat. §§ 462.358, 272.162
Title premium regulation — Minn. Stat. § 68A.04

1. Mechanic's Lien Rules

Plain English

Minnesota's lien law starts with notice. A contractor who will use subs or suppliers must put the statutory lien notice in its written contract with the owner (or deliver it separately within 10 days after the work is agreed on). If it doesn't, it has no lien. Subs and suppliers must give the owner their own pre-lien notice within 45 days after they first furnish work, unless an exception applies (larger nonresidential jobs over 5,000 square feet, and wholly residential projects with more than four units). To keep the lien, a claimant must record a lien statement within 120 days after its last work and serve a copy on the owner, then sue within 1 year after the last item listed in the statement. Priority is broad: all liens attach from the time the first item of material or labor is furnished for the improvement. But against a buyer or lender without notice, no lien attaches before the actual and visible beginning of the improvement on the ground (staking, surveying, and soil testing don't count).

Key Rules

Contractor's notice (Minn. Stat. § 514.011, subd. 1). Required in the written contract, or delivered within 10 days after the work is agreed upon; failure means no lien.

Subcontractor and supplier notice (Minn. Stat. § 514.011, subd. 2). Within 45 days after first furnishing, by personal delivery or certified mail. Exceptions include wholly residential projects of more than four units (subd. 4b) and many nonresidential projects over 5,000 square feet (subd. 4c).

Lien statement (Minn. Stat. § 514.08). Recorded (or registered, for Torrens land) and served within 120 days after the last work.

Suit (Minn. Stat. § 514.12). File within 1 year after the date of the last item in the recorded lien statement; record a lis pendens. After the year passes, no recorded lis pendens is conclusive evidence for a BFP that the lien can't be enforced.

Priority (Minn. Stat. § 514.05). Liens attach from the first item furnished for the beginning of the improvement and are preferred to any mortgage not then of record (unless the lienholder had actual notice). Against a BFP, mortgagee, or encumbrancer without notice, not before the actual and visible beginning of the improvement. Staking, engineering, surveying, and soil testing are not a visible beginning.

Release by bond or deposit (Minn. Stat. § 514.10). After suit is started, a party may apply to the court on 10 days' notice. The court fixes a deposit or surety bond of at least the lien amount, plus $18 per $100 for interest, probable disbursements, and at least double the foreclosure attorney fees allowed under § 582.01.

Practice Points

  1. Inspect before the mortgage records. Any visible work on the ground before recording can put every lien on the job ahead of the mortgage.
  2. Get lien waivers and a no-work affidavit at closing, and a site inspection for construction loans.
  3. After the 1-year window: no recorded lis pendens means the lien can be treated as unenforceable against a BFP (§ 514.12, subd. 3).

Citations

2. Execution and Notarization Requirements for Recording

Plain English

Minnesota has two land systems. Abstract land is recorded with the county recorder. Torrens land is registered with the registrar of titles, and the certificate of title controls. The recording act is race-notice: an unrecorded conveyance is void against a later good-faith purchaser for value whose conveyance is recorded first. A quitclaim form doesn't, by itself, mean the buyer lacked good faith. Minnesota allows remote online notarization by a notary commissioned as a remote online notary. At recording, the seller usually pays the deed tax (0.33%), and the borrower pays the mortgage registry tax (0.23%).

Key Rules

  • Recording act (Minn. Stat. § 507.34). Unrecorded conveyance void against a later good-faith purchaser for value whose conveyance is first recorded, and against certain attachments and judgments.
  • Torrens (Minn. Stat. ch. 508). Registered land; documents must be registered on the certificate.
  • Remote online notarization (Minn. Stat. § 358.645). Authorized for commissioned remote online notaries.
  • Deed tax (Minn. Stat. § 287.21). 0.33% of net consideration over $3,000; $1.65 minimum. Hennepin and Ramsey add 0.01% for their environmental response funds (Minn. Stat. §§ 383B.80, 383A.80; authority expires Jan. 1, 2028).
  • Mortgage registry tax (Minn. Stat. § 287.035). 0.23% of the debt secured; paid by the mortgagor.

Practice Points

  1. Abstract or Torrens? Check first. Torrens documents go to the registrar and on the certificate.
  2. Collect deed tax and mortgage registry tax at the right rates; a revolving line is taxed on its stated maximum.
  3. RON documents: confirm the notary's remote online commission.

Citations

3. Securing Future Advances

Plain English

Minnesota has a specific statute for revolving lines of credit. A mortgage securing a revolving line that states the maximum amount that may be secured at any one time is notice from recording for all advances and readvances, regardless of when they are made and whether or not they are obligatory. The mortgage registry tax for a revolving line is paid on that stated maximum. For non-revolving future-advance mortgages, we did not confirm a separate general priority statute. Remember the mechanic's lien rule (section 1): visible work before recording can put liens ahead of all advances.

Key Rules

  • Revolving line of credit mortgages (Minn. Stat. § 507.325). Effective as notice from recording as to all advances and readvances, regardless of time or amount and whether or not obligatory, if the mortgage states the maximum amount.
  • Registry tax on revolving lines (Minn. Stat. § 287.05, subd. 3). Paid on the stated maximum. A document that alters a non-revolving mortgage to secure readvanced debt is taxed on the new amounts, even within the old maximum (subd. 2(b)).
  • Non-revolving future advances. No general statute confirmed.

Practice Points

  1. Revolving line? Confirm the mortgage states the maximum amount.
  2. HELOC payoffs: get a signed freeze and close request.
  3. Construction loans: confirm no visible work began before the mortgage recorded (section 1).

Citations

4. Subdivision Statutes and Regulations

Plain English

Minnesota cities, counties, and towns adopt their own subdivision regulations, and the State backs them up at the recorder's office. In a city with filed subdivision regulations, the recorder won't record a conveyance that describes land by metes and bounds (or by an unapproved plat or registered land survey) unless an exception applies, such as a parcel that existed of record before the regulations, or larger parcels meeting the statutory acreage and width tests. The county auditor likewise won't split a tax parcel for a conveyance inside a regulated area without a certification that the regulations don't apply, were met, or were waived.

Key Rules

  • Municipal subdivision regulation (Minn. Stat. § 462.358, subd. 4b). No recording of metes-and-bounds conveyances (or ones referring to unapproved plats or registered land surveys) in regulated municipalities, except land that: (1) was a separate parcel of record on April 1, 1945 or when regulations were adopted, if later; (2) was under a written agreement to convey before then; (3) was a separate parcel of at least 2.5 acres and 150 feet wide on Jan. 1, 1966; (4) was a separate parcel of at least 5 acres and 300 feet wide on July 1, 1980; (5) is a single commercial or industrial parcel of at least 5 acres and 300 feet wide not divided below those sizes; or (6) is a single residential or agricultural parcel of at least 20 acres and 500 feet wide not divided below those sizes. The platting authority may waive compliance for hardship; violations carry a penalty of at least $100 per lot.
  • Auditor's parcel division (Minn. Stat. § 272.162). No transfer or division of a partial tax parcel in a regulated area without a certification from the municipality or county.
  • County regulation (Minn. Stat. ch. 394). Counties adopt official controls, and § 394.35 requires a certified copy to be recorded with the county recorder; § 272.162 refers to county subdivision regulations filed under § 394.35. Plats are governed by Minn. Stat. ch. 505.

Practice Points

  1. Metes-and-bounds deed? Confirm it fits an exception or has the city or county certification.
  2. New lot? Get the recorded plat or registered land survey.
  3. Check the auditor's certificate on split parcels.

Citations

5. Title Premium Rates

Plain English

Minnesota title insurance is governed by chapter 68A. Its definitions describe a title insurer's premiums as the charges based on the insurer's rate filing approved by the Commissioner of Commerce, separate from abstracting, search, escrow, and closing fees. The general rate-filing chapter (70A) covers casualty, surety, fire and inland marine lines, not title (§ 70A.02).

Key Rules

  • Title insurers (Minn. Stat. ch. 68A). Definitions in § 68A.04 refer to premiums based on approved rate filings.
  • Non-premium charges. Abstracting, searching, escrow, and closing fees are separate from the premium.

Practice Points

  1. Keep premium and service charges separate.

Citations

6. Recording Taxes & Fees on Deeds and Mortgages

Plain English

Minnesota has a deed tax of 0.33% of the price (net of liens that stay on the property) and a mortgage registry tax of 0.23% of the loan. Hennepin and Ramsey counties add 0.01%. The borrower is liable for mortgage registry tax. A revolving line is taxed on its stated maximum. A document that only amends a mortgage (new rate, new maturity, added collateral) is not taxed, but a new mortgage for a refinance is.

Key Rules

(a) Deed transfer, conveyance or excise tax

  • Rate. 0.33% of net consideration, meaning consideration less liens remaining on the property; $1.65 if $3,000 or less or no consideration (§ 287.21 subd. 1).
  • Hennepin and Ramsey add an environmental response fund tax of 0.01% (0.34% total) (Minn. Stat. §§ 383B.80, 383A.80; authority expires Jan. 1, 2028).
  • Who pays. By custom the seller.
  • Entity transfers. Conversions and mergers are not taxed at full rate. A "designated transfer" to an entity with the same ownership pays $1.65, but full tax is owed if ownership changes within 6 months (§ 287.21 subd. 1(c)).
  • eCRV. An electronic Certificate of Real Estate Value is required for most deeds over $3,000 (§ 272.115).

(b) Mortgage, indebtedness or intangible tax

  • Rate. 0.0023 (0.23%) of the debt secured; the mortgagor is liable; no tax on interest (§ 287.035). Hennepin and Ramsey counties are 0.24% (Minn. Stat. §§ 383B.80, 383A.80).
  • Revolving lines. Tax on the maximum amount that may be secured at any one time, regardless of advances and readvances (§ 287.05 subd. 3).
  • Increases and readvances. A document that increases the debt is taxed on the increase; one that secures readvanced amounts is taxed on the new amounts, even within the old maximum (§ 287.05).
  • Multistate. A first-page statement can limit the Minnesota debt amount, or the tax is apportioned (§ 287.05 subd. 1).
  • Amendments are exempt. Extending maturity, changing the rate, or adding or releasing collateral for the unpaid original debt is an "amendment" (§ 287.01 subd. 2; § 287.04). A refinance with a new mortgage is taxed on the new debt. The exemptions are listed in § 287.04 (for example, an amendment or extension, a mortgage adding security for a debt already taxed, a mortgage correcting a misdescription, and certain government affordable-housing loans).

(c) Other recording taxes and fees

  • Recording fee $46 per document (Minn. Stat. § 357.18). Metropolitan counties (and counties with exclusive agricultural zones or in the agricultural preservation pilot) add a $5 conservation fee on each deed or mortgage subject to deed or mortgage registry tax (Minn. Stat. § 40A.152).

Practice Points

  1. Worked example (outside Hennepin and Ramsey; $400,000 purchase, $320,000 loan): deed tax $1,320; mortgage registry tax $736.
  2. Amendment, not new mortgage: for a rate or maturity change, use an amendment to avoid new tax.
  3. HELOCs: tax the stated maximum.

Citations

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