Chapter 386 — Name Change

386.001 Name Change Changed the name of the register of deeds to county recorder. 386.01 Bond Every county recorder must post a $5,000 bond before starting work and file an oath of office. 386.015 Counties Under 75,000; Salaries, Fees, Budget; Appeals Sets salary and budget rules for county recorders in counties with fewer than 75,000 people. 386.02 Delivery to Successor A county recorder must hand over all records and property to their successor when leaving office. 386.03 Reception Index County recorders must keep a grantor and grantee index listing all recorded documents in the order received. 386.04 Numerical Register and Reception Index Counties may combine the reception index and consecutive index into one numerical register. 386.05 Tract Index Books Counties must maintain tract index books that organize all recorded documents by property description. 386.06 Tract Index Books; Contracts for Making Counties can hire people to create tract index books and set terms for the work by contract. 386.07 Tract Index for Torrens Titles; Hennepin, Ramsey Counties Large counties must keep a separate tract index for Torrens-registered land titles in the recorder's office. 386.071 Documents Misfiled If a document is filed in the wrong place, the person who caused the error must pay to refile it correctly. 386.08 Preparation The county recorder may assign deputies to compile the Torrens tract index and pay them for extra time. 386.09 Payment for From Revenue Fund The county auditor pays for the Torrens tract index work from the county revenue fund. 386.10 This section has been repealed. 386.11 This section has been repealed. 386.12 This section has been repealed. 386.13 Transcribing Records of State Lands Counties may direct the recorder to transcribe state land records from the commissioner of management and budget. 386.14 Records as Prima Facie Evidence Transcribed state land records are accepted as evidence in Minnesota courts. 386.15 Tract Indexes Transcribed Counties under 75,000 people may have their tract indexes transcribed and checked against original records. 386.16 County Recorder to Supervise; Compensation The county recorder supervises tract index transcription work and gets paid as set by the county board. 386.17 To Exhibit Records The county recorder must let anyone view records for free during office hours. 386.18 Abstracter; Bond The county board may let a person use county space to make title abstracts after posting a $500 bond. 386.183 This section has been repealed. 386.19 Record Books, Indexes County recorders must keep word-for-word records and alphabetical indexes of all recorded documents. 386.20 Certificates of Discharge From U.s. Service Military discharge certificates can be recorded for free at any county recorder's office in Minnesota. 386.21 This section has been renumbered to 386.20, subdivision 2. 386.22 This section has been renumbered to 386.20, subdivision 3. 386.23 This section has been repealed. 386.24 This section has been renumbered to 386.23, subdivision 2. 386.25 This section has been renumbered to 386.23, subdivision 3. 386.26 Unrecorded Records: Transcribe; Record Allows the county recorder to transcribe and record previously unrecorded official records. 386.27 This section has been renumbered to 386.26, subdivision 2. 386.28 This section has been renumbered to 386.26, subdivision 3. 386.29 Transcribing Abstract Records Counties that ran out of budget for transcribing abstract records can authorize more money to finish the work. 386.30 This section has been repealed. 386.31 Consecutive Numbering Each document received for recording gets a consecutive number that serves as evidence of recording priority. 386.32 Consecutive Index County recorders must keep a consecutive index showing each document's number, type, reception time, and location. 386.33 Deputies County recorders may appoint deputies in writing, and the recorder is responsible for their actions. 386.34 This section has been repealed. 386.35 This section has been repealed. 386.36 Farm Names Recorded Farm owners can register a unique name for their farm with the county recorder. 386.37 Abstracts of Title In counties where the recorder provides abstract services, anyone can get a certified abstract of title for a fee. 386.375 Transfer and Storage of Abstracts At a property sale closing, the abstract holder must offer to transfer the abstract to the buyer at no charge. 386.38 This section has been repealed. 386.39 Instruments Not Properly Executed County recorders cannot record deeds or mortgages unless they are properly signed and acknowledged. 386.40 Seal Every county recorder must have an official seal for documents requiring their signature. 386.409 County Recorder's Official Signature County recorders and deputies may use electronic signatures instead of handwritten ones. 386.41 Certificate of Record The county recorder must stamp each recorded document with the date, time, and recording number. 386.42 This section has been repealed. 386.43 This section has been repealed. 386.44 Oaths and Papers, Where Filed In counties without townships, papers normally filed with the town clerk go to the county recorder. 386.45 Bankruptcy Documents May Be Recorded, Used as Evidence Bankruptcy petitions and court orders can be recorded with the county recorder and used as evidence. 386.459 Official Records; Compilation, Maintenance, and Storage of Information County recorders may use alternative methods to store and maintain their official records. 386.46 Disposal of Obsolete Records County recorders can destroy recorded documents unclaimed for 10 years, including deeds and liens. 386.47 Obsolete Records, Destruction County boards can authorize destruction of old chattel mortgage satisfactions and expired chattel mortgages. 386.51 Recording of U.s. Agency Maps, Plats, Surveys, Photos Federal agency maps, plats, surveys, and aerial photos can be recorded with the county recorder. 386.52 Certificate of Authentication Federal documents filed for recording must include an official certificate confirming they are true copies. 386.53 This section has been repealed. 386.61 This section has been repealed or has no current substantive content. 386.62 License Required No one can make title abstracts or issue ownership certificates without a state abstracter's license. 386.63 This section has been repealed. 386.64 This section has been repealed. 386.65 Examination of Applicants for License Abstracter license applicants must pass an exam showing they can do the work properly for public protection. 386.66 Bond or Abstracter's Liability Insurance Policy Abstracters must file a bond or liability insurance of at least $100,000 before getting a license. 386.67 Licensed Abstracter, Seal Licensed abstracters must have an official seal and file authorized signatures with the commissioner. 386.68 Fees An initial abstracter license costs $50 and renewals cost $40, paid to the commissioner. 386.69 Licenses Abstracter licenses authorize the holder to do title abstract work anywhere in Minnesota. 386.695 This section has been repealed. 386.696 This section has been repealed. 386.70 This section has been repealed. 386.705 Administrative Actions and Penalties Licensed abstracters face administrative penalties under section 45.027 for violations. 386.706 Rules The commissioner may adopt rules to administer the abstracter licensing program. 386.71 Licensed Abstracters, Access to Public Records Licensed abstracters have the right to access public records at the county recorder's office during business hours. 386.72 Abstracter's Certificate as Prima Facie Evidence A certified abstract from a licensed abstracter is accepted in court as evidence of what the records show. 386.73 County Recorders, May Employ Licensed Abstracters County recorders who are not licensed abstracters can hire a licensed abstracter to issue abstracts. 386.74 Rights of County Recorders Not Abridged The abstracter licensing law does not limit the county recorder's existing rights under section 386.37. 386.75 Practice of Attorneys Not Abridged The abstracter licensing law does not restrict attorneys from practicing law in Minnesota. 386.76 Violation a Misdemeanor Doing abstract work without a license is a misdemeanor. 386.77 Filing Fee for State, City, Town Item May Be Billed State and local government documents can be recorded without paying fees upfront, but the fee is still owed. 386.78 Security Deposits County recorders can accept security deposits to guarantee payment of recording charges.