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Demand for Discharge of Claim of Unregistered Interest

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CLAIM OF UNREGISTERED INTEREST

(Top 3 inches reserved for recording data)

Minnesota Uniform Conveyancing Blanks

Form 40.7.1 (2011)

CLAIM OF UNREGISTERED INTEREST

Minn. Stat. 508.70

DATE: (month/day/year)

Name of Claimant:

State of Minnesota, County of being first duly sworn on oath says:

1. I am the Claimant a person acting at the instance of the Claimant.

(check applicable box)

2. Claimant claims an unregistered interest in registered land in County, Minnesota,

Certificate of Title Number legally described as follows:

3. The interest claimed by Claimant is as follows:

[Note: If the claim is based on a document, a photocopy may be attached. If the Claimant claims an interest in an unregistered mortgage that is subject to the imposition of mortgage registry tax upon recording, evidence of payment of mortgage registry tax should be attached.]

4. The interest was acquired as follows:

5. The interest cannot be registered because of the following:

Page 1 of 3

Page 2 of 3

Minnesota Uniform Conveyancing Blanks Form 40.7.1

6. All notices may be served upon Claimant at the following address (not a post office box):

7. This claim of unregistered interest is not made for the purpose of avoiding the payment of mortgage registry tax under
Minn. Stat. 287.01 or avoiding the payment of deed tax under Minn. Stat. 287.21, or avoiding obtaining the county auditor's statement on an
instrument under Minn. Stat. 272.12.

8. I have knowledge of the facts in this claim and the claim is made by, or at the instance of, the Claimant; and is true of my own
knowledge.

(signature)

Signed and sworn to before me on by

(insert name of person making statement)

(Stamp)
(signature of notarial officer)

Title (and Rank):

My commission expires: (month/day/year)

THIS INSTRUMENT WAS DRAFTED BY:

(insert name and address)

Note: Mail a copy of the claim to persons whose registered interests are affected by the claim at their addresses shown on the
Certificate of Title. Attach to this claim an affidavit stating the names and addresses of the persons to whom copies of the claim were mailed.

Page 3 of 3

Minnesota Uniform Conveyancing Blanks Form 40.7.1

Affidavit of Mailing

State of Minnesota, County of being first duly sworn on oath says:

1. A copy of the Claim of Unregistered Interest, to which this Affidavit is attached, was mailed to each of the following person(s) in
accordance with Minn. Stat. 508.70.

Name
Date of Mailing
Address
(signature)

Signed and sworn to before me on by

(insert name of person making statement)

(Stamp)
(signature of notarial officer)

Title (and Rank):

My commission expires: (month/day/year)

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What a Demand for Discharge of Claim of Unregistered Interest Does

A Demand for Discharge of Claim of Unregistered Interest is a written request asking a claimant to release or remove a recorded or asserted interest in real property that lacks proper registration or legal basis. It explains the reason for discharge, identifies the property and parties, and requests corrective action or recording of a release with the county recorder. The document is commonly used in title clearing, escrow closing, and post-closing disputes and can be delivered by mail, in person, or electronically consistent with ESIGN (15 U.S.C. ch. 96) and applicable state UETA provisions.

Why a Formal Demand Matters

A clear, properly formatted demand helps remove clouds on title, speeds escrow and closing, documents your legal position, and creates a record useful in later litigation or quiet-title actions.

Why a Formal Demand Matters

Who Typically Prepares and Receives This Demand

The demand is used by parties who need title clarity before closing or to resolve asserted interests.

  • Title companies and escrow officers: prepare demands to resolve clouds before closing and protect insured interests.
  • Property owners and developers: request removal of invalid recorded claims to clear title and permit sale or refinance.
  • Lenders and servicers: require discharge to eliminate encumbrances that impair security interests and loan servicing.

Multiple parties may exchange demands, responses, and supporting documents until the claimant records a formal release or a court order resolves the dispute.

Common Signers and Their Roles

Title Agent

Title agents or escrow officers prepare standardized demands, assemble supporting chain-of-title documents, and coordinate recording or escrow instructions to ensure the discharge is recorded correctly and the title is insurable.

Property Owner

A property owner or their attorney typically signs or authorizes the demand, provides identity and deed references, and follows up with the recorder or claimant to verify that any release is executed and recorded.

Core Elements to Include in a Professional Demand

A complete demand is concise and clearly structured so recipients and recording officials can act without delay.

Parties

Identify claimant, property owner, and preparer with full legal names, addresses, and contact information for service and follow up.

Property Description

Provide legal description, parcel number, and common address to precisely locate the affected real property in public records.

Claim Details

Describe the asserted interest, recording instrument number (if any), filing date, and basis the claimant cites for the interest.

Relief Requested

Specify the requested action: execute and record a release, correct the instrument, or withdraw the claim within a stated timeframe.

Supporting Documents

Attach deed, title search excerpts, payment records, or proofs showing lack of registration or extinguishment of the alleged interest.

Execution and Notary

Include signature blocks, dates, and any notary acknowledgment or witness lines required by the applicable recording jurisdiction.

Required Data Fields at a Glance

Full Legal Name: Exact name as on ID
Property Description: Legal description and parcel
Claim Description: Instrument/reference details
Recording Info: County, book, page, instrument
Supporting Docs: Deeds, title abstract excerpts
Contact Information: Phone, email, mailing address

Step-by-Step: Preparing and Sending the Demand

Follow a structured sequence to avoid omissions and speed resolution.

  • 01
    Gather Documents: Collect deeds, title report, and recording references.
  • 02
    Draft Demand: State facts, cite instruments, and request release.
  • 03
    Authenticate: Sign, notarize, or eSign per jurisdictional rules.
  • 04
    Deliver: Send to claimant, recorder, title insurer, and escrow.

Configuring an Online Completion and Delivery Workflow

When using a digital workflow, follow these settings to ensure legality and traceability.

Field Configuration
Upload Document Accept PDF or DOCX; preserve original pagination.
Place Signature Fields Assign signer roles, date fields, and notary blocks.
Signer Authentication Use email plus SMS or KBA for higher assurance.
Retention Settings Enable audit trail, timestamping, and secure archival.

Where to File and Who to Send the Demand To

Select recipients and filing destinations that create a complete public and private record of the request.

  • County Recorder: Record releases or affidavits where the property is located.
  • Claimant: Deliver the demand to the claimant by certified mail or secure eDelivery.
  • Title Insurer: Send to underwriter so exceptions can be removed from commitment.
  • Escrow/Closing: Provide escrow with recorded release or written confirmation of withdrawal.

Digital Signing and Submission Requirements

Electronic execution is generally acceptable if it meets ESIGN and state UETA requirements; verify notary and witness rules for your jurisdiction.

  • Document Format: Use PDF/A or searchable PDF for reliable recording and indexing.
  • Authentication: Email plus SMS OTP or identity proofing increases attribution assurance.
  • Audit Trail: Capture IP, timestamps, and signer events for evidentiary support.

For documents requiring notarization, choose a platform that supports remote online notarization (RON) where permitted, or schedule an in-person notarization to match county requirements.

Typical Timelines and Processing Expectations

Timelines vary by county, claimant responsiveness, and whether court action becomes necessary; plan conservatively for administrative and legal steps.

Claimant Response Window:

Often requested within 30 days; no universal statutory period applies.

County Recording Time:

Recording typically posts within 7–30 business days depending on county workload.

Title Review:

Underwriter response commonly within 5–15 business days after receiving documents.

Escrow Clearance:

Escrow clearance usually requires 7–30 days in practice for discharge resolution.

Litigation Timeline:

If contested, quiet-title or injunction proceedings extend timelines substantially by months.

Key Processing Milestones

Track major stages so stakeholders know when to expect action and follow up.

01

Draft and Review

Prepare demand, attach supporting exhibits, and obtain internal approval.

02

Serve Claimant

Deliver by certified mail, personal service, or secure electronic delivery.

03

Recording or Release

Claimant records a release or county records a corrective instrument.

04

Title Clearance

Title insurer updates commitment and removes exception once release recorded.

Penalties and Risks of an Incorrect or Incomplete Demand

Recording Errors: May create new title encumbrances
Perjury Exposure: False statements risk civil and criminal penalties
Escrow Delays: Incomplete demands delay closings and funding
Costs: Attorney and filing fees increase overall expense
Lender Restrictions: Unresolved claims may block refinancing or sale
Litigation Risk: Contested claims can lead to quiet-title suits

Common Mistakes to Avoid

  • Using an imprecise legal description that does not match recorded instruments and forces re-submission or correction filings.
  • Mismatched party names or corporate names causing the recorder to reject the instrument or require affidavits of identity.
  • Failing to attach the recording reference or instrument number that identifies the asserted interest and its origin.
  • Sending the demand to the wrong county or not including the county recorder in the notification chain.

How to Save, Export, and Archive the Completed Demand

Preserve the signed demand and its audit trail in formats suitable for recording, escrow, and legal review.

Save as PDF

Export a flattened PDF with embedded signatures and the audit trail for the county recorder and title insurer.

Export to DOCX

Keep an editable DOCX copy for future amendments, but record only the signed PDF version.

Secure Archive

Store original signed files with encryption and restricted access; maintain metadata for retrieval.

Print-ready Copy

Generate a certified paper copy for jurisdictions that require in-person filing or witness attestations.

eSignature Vendor Comparison for Document Execution

The following table compares common vendor features relevant to executing and managing demands; signNow is listed first for parity with enterprise and SMB needs.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial No No Yes, limited Yes, limited
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Frequently Asked Questions and Practical Answers

Common questions address enforceability, notarization, supporting evidence, non-response by the claimant, and storage best practices.


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