MINNESOTA ABSTRACTER LICENSING EXAM
PRACTICE QUESTIONS AND CORRECT ANSWERS
Question 1: Under Minnesota law, what is the primary purpose of an abstract of title prepared by a
licensed abstracter?
A. To guarantee marketable title to a prospective purchaser
B. To provide a chronological summary of all recorded instruments affecting title to a specific parcel of
real property
C. To serve as a substitute for title insurance in all real estate transactions
D. To determine the current market value of the property
CORRECT ANSWER: B. To provide a chronological summary of all recorded instruments affecting title to
a specific parcel of real property
Rationale: An abstract of title is a condensed history of the title compiled from public records, listing in
chronological order all conveyances, liens, encumbrances, and other instruments that affect the
ownership of a particular tract of land. It does not itself guarantee title or replace title insurance.
Question 2: In Minnesota, which of the following is required for a person to lawfully engage in the
business of abstracting?
A. A real estate broker license only
B. A license issued by the Minnesota Department of Commerce after meeting statutory qualifications
C. Certification solely by a local county recorder
D. No license is required if the abstracter works exclusively for title insurance companies
CORRECT ANSWER: B. A license issued by the Minnesota Department of Commerce after meeting
statutory qualifications
Rationale: Minnesota Statutes require individuals who prepare abstracts of title for compensation to
hold a valid abstracter license issued by the Department of Commerce, subject to examination,
bonding, and other statutory requirements.
Question 3: Minnesota follows which type of recording statute for real property conveyances?
A. Pure race statute
B. Pure notice statute
C. Race-notice statute
D. Period of limitations statute only
CORRECT ANSWER: C. Race-notice statute
,Rationale: Minnesota is a race-notice jurisdiction. A subsequent purchaser who takes without notice
of a prior unrecorded interest and who records first will prevail over the prior interest holder.
Question 4: When examining an abstract of title in Minnesota, which of the following would most
likely constitute a cloud on title?
A. A properly executed and recorded warranty deed
B. An unreleased mortgage that appears of record
C. A current certificate of real estate value
D. A recorded plat of the subdivision
CORRECT ANSWER: B. An unreleased mortgage that appears of record
Rationale: An unreleased mortgage remains a lien of record and creates a cloud on title until a
satisfaction or release is properly recorded, even if the underlying debt has been paid.
Question 5: Under Minnesota law, how long does a judgment lien generally attach to real property of
the judgment debtor?
A. Five years from the date of entry
B. Ten years from the date of entry, subject to renewal
C. Twenty years from the date of entry
D. Indefinitely until paid
CORRECT ANSWER: B. Ten years from the date of entry, subject to renewal
Rationale: In Minnesota, a judgment becomes a lien on the real property of the debtor in the county
where docketed for ten years from the date of entry and may be renewed for additional periods under
statutory procedures.
Question 6: Which of the following instruments must be recorded to provide constructive notice under
Minnesota recording laws?
A. An unacknowledged deed
B. A properly acknowledged and recorded deed
C. A private contract between parties that is never presented for recording
D. An oral agreement for the sale of land
CORRECT ANSWER: B. A properly acknowledged and recorded deed
Rationale: Constructive notice is imparted by instruments that are properly executed, acknowledged,
and recorded in the office of the county recorder or registrar of titles. An unacknowledged or
unrecorded instrument generally does not give constructive notice.
Question 7: In the preparation of an abstract of title, what is the significance of a “starter” or “root of
title” under the Minnesota Marketable Title Act?
,A. It eliminates the need to examine any instruments prior to a certain date
B. It requires examination of all instruments back to the original patent
C. It applies only to registered (Torrens) property
D. It has no effect on abstracting practice
CORRECT ANSWER: A. It eliminates the need to examine any instruments prior to a certain date
Rationale: The Minnesota Marketable Title Act allows a title examiner to rely on a root of title
(typically a deed or other instrument of record for a prescribed period) and generally disregard older
defects or claims that are not asserted of record within the statutory period.
Question 8: Which of the following is a characteristic of Torrens (registered) title in Minnesota?
A. Title is evidenced solely by an abstract of title
B. Title is evidenced by a certificate of title issued by the registrar of titles
C. Recording of deeds is unnecessary
D. The system is available only in Hennepin County
CORRECT ANSWER: B. Title is evidenced by a certificate of title issued by the registrar of titles
Rationale: Under the Torrens system in Minnesota, title to registered land is evidenced by a certificate
of title maintained by the registrar of titles; transfers are effected by registration rather than by
ordinary recording of deeds.
Question 9: A mechanics’ lien in Minnesota must generally be perfected by recording a lien statement
within what time period after the last item of labor or materials is furnished?
A. 60 days
B. 90 days
C. 120 days
D. One year
CORRECT ANSWER: C. 120 days
Rationale: Minnesota Statutes provide that a mechanics’ lien claimant must file a lien statement with
the county recorder within 120 days after the last contribution of labor, skill, material, or machinery
for which the lien is claimed.
Question 10: When an abstracter discovers a break in the chain of title, what is the most appropriate
action?
A. Ignore the break if the current owner has been in possession for more than five years
B. Note the break in the abstract and indicate the missing link
C. Automatically cure the defect by affidavit
D. Refuse to complete the abstract
, CORRECT ANSWER: B. Note the break in the abstract and indicate the missing link
Rationale: An abstracter’s duty is to accurately report the state of the record title. Any gap or break in
the chain of title must be clearly shown in the abstract so that the examiner or purchaser is aware of
the defect.
Question 11: Under Minnesota law, a deed that conveys real property must contain which of the
following to be recordable?
A. The signature of the grantee
B. An acknowledgment or other form of authentication
C. A corporate seal in all cases
D. The purchase price in words and figures
CORRECT ANSWER: B. An acknowledgment or other form of authentication
Rationale: Minnesota recording statutes require that instruments affecting real property be
acknowledged or otherwise authenticated before they may be recorded and impart constructive
notice.
Question 12: Which of the following interests is generally not required to be recorded in order to be
enforceable against subsequent purchasers in Minnesota?
A. A mortgage
B. A judgment lien
C. An easement created by express grant
D. An adverse possession claim that has not been reduced to judgment
CORRECT ANSWER: D. An adverse possession claim that has not been reduced to judgment
Rationale: Adverse possession, until quieted by court decree or otherwise placed of record, does not
appear in the chain of title and therefore is not protected by the recording acts in the same manner as
recorded instruments.
Question 13: In Minnesota, the county recorder’s office maintains records for which type of property?
A. Only Torrens (registered) property
B. Abstract (unregistered) property
C. Both abstract and Torrens property in separate systems
D. Neither; all records are maintained by the registrar of titles
CORRECT ANSWER: B. Abstract (unregistered) property
Rationale: The county recorder maintains the grantor-grantee indexes and tract indexes for abstract
(unregistered) land, while the registrar of titles maintains the certificates of title for Torrens property.
PRACTICE QUESTIONS AND CORRECT ANSWERS
Question 1: Under Minnesota law, what is the primary purpose of an abstract of title prepared by a
licensed abstracter?
A. To guarantee marketable title to a prospective purchaser
B. To provide a chronological summary of all recorded instruments affecting title to a specific parcel of
real property
C. To serve as a substitute for title insurance in all real estate transactions
D. To determine the current market value of the property
CORRECT ANSWER: B. To provide a chronological summary of all recorded instruments affecting title to
a specific parcel of real property
Rationale: An abstract of title is a condensed history of the title compiled from public records, listing in
chronological order all conveyances, liens, encumbrances, and other instruments that affect the
ownership of a particular tract of land. It does not itself guarantee title or replace title insurance.
Question 2: In Minnesota, which of the following is required for a person to lawfully engage in the
business of abstracting?
A. A real estate broker license only
B. A license issued by the Minnesota Department of Commerce after meeting statutory qualifications
C. Certification solely by a local county recorder
D. No license is required if the abstracter works exclusively for title insurance companies
CORRECT ANSWER: B. A license issued by the Minnesota Department of Commerce after meeting
statutory qualifications
Rationale: Minnesota Statutes require individuals who prepare abstracts of title for compensation to
hold a valid abstracter license issued by the Department of Commerce, subject to examination,
bonding, and other statutory requirements.
Question 3: Minnesota follows which type of recording statute for real property conveyances?
A. Pure race statute
B. Pure notice statute
C. Race-notice statute
D. Period of limitations statute only
CORRECT ANSWER: C. Race-notice statute
,Rationale: Minnesota is a race-notice jurisdiction. A subsequent purchaser who takes without notice
of a prior unrecorded interest and who records first will prevail over the prior interest holder.
Question 4: When examining an abstract of title in Minnesota, which of the following would most
likely constitute a cloud on title?
A. A properly executed and recorded warranty deed
B. An unreleased mortgage that appears of record
C. A current certificate of real estate value
D. A recorded plat of the subdivision
CORRECT ANSWER: B. An unreleased mortgage that appears of record
Rationale: An unreleased mortgage remains a lien of record and creates a cloud on title until a
satisfaction or release is properly recorded, even if the underlying debt has been paid.
Question 5: Under Minnesota law, how long does a judgment lien generally attach to real property of
the judgment debtor?
A. Five years from the date of entry
B. Ten years from the date of entry, subject to renewal
C. Twenty years from the date of entry
D. Indefinitely until paid
CORRECT ANSWER: B. Ten years from the date of entry, subject to renewal
Rationale: In Minnesota, a judgment becomes a lien on the real property of the debtor in the county
where docketed for ten years from the date of entry and may be renewed for additional periods under
statutory procedures.
Question 6: Which of the following instruments must be recorded to provide constructive notice under
Minnesota recording laws?
A. An unacknowledged deed
B. A properly acknowledged and recorded deed
C. A private contract between parties that is never presented for recording
D. An oral agreement for the sale of land
CORRECT ANSWER: B. A properly acknowledged and recorded deed
Rationale: Constructive notice is imparted by instruments that are properly executed, acknowledged,
and recorded in the office of the county recorder or registrar of titles. An unacknowledged or
unrecorded instrument generally does not give constructive notice.
Question 7: In the preparation of an abstract of title, what is the significance of a “starter” or “root of
title” under the Minnesota Marketable Title Act?
,A. It eliminates the need to examine any instruments prior to a certain date
B. It requires examination of all instruments back to the original patent
C. It applies only to registered (Torrens) property
D. It has no effect on abstracting practice
CORRECT ANSWER: A. It eliminates the need to examine any instruments prior to a certain date
Rationale: The Minnesota Marketable Title Act allows a title examiner to rely on a root of title
(typically a deed or other instrument of record for a prescribed period) and generally disregard older
defects or claims that are not asserted of record within the statutory period.
Question 8: Which of the following is a characteristic of Torrens (registered) title in Minnesota?
A. Title is evidenced solely by an abstract of title
B. Title is evidenced by a certificate of title issued by the registrar of titles
C. Recording of deeds is unnecessary
D. The system is available only in Hennepin County
CORRECT ANSWER: B. Title is evidenced by a certificate of title issued by the registrar of titles
Rationale: Under the Torrens system in Minnesota, title to registered land is evidenced by a certificate
of title maintained by the registrar of titles; transfers are effected by registration rather than by
ordinary recording of deeds.
Question 9: A mechanics’ lien in Minnesota must generally be perfected by recording a lien statement
within what time period after the last item of labor or materials is furnished?
A. 60 days
B. 90 days
C. 120 days
D. One year
CORRECT ANSWER: C. 120 days
Rationale: Minnesota Statutes provide that a mechanics’ lien claimant must file a lien statement with
the county recorder within 120 days after the last contribution of labor, skill, material, or machinery
for which the lien is claimed.
Question 10: When an abstracter discovers a break in the chain of title, what is the most appropriate
action?
A. Ignore the break if the current owner has been in possession for more than five years
B. Note the break in the abstract and indicate the missing link
C. Automatically cure the defect by affidavit
D. Refuse to complete the abstract
, CORRECT ANSWER: B. Note the break in the abstract and indicate the missing link
Rationale: An abstracter’s duty is to accurately report the state of the record title. Any gap or break in
the chain of title must be clearly shown in the abstract so that the examiner or purchaser is aware of
the defect.
Question 11: Under Minnesota law, a deed that conveys real property must contain which of the
following to be recordable?
A. The signature of the grantee
B. An acknowledgment or other form of authentication
C. A corporate seal in all cases
D. The purchase price in words and figures
CORRECT ANSWER: B. An acknowledgment or other form of authentication
Rationale: Minnesota recording statutes require that instruments affecting real property be
acknowledged or otherwise authenticated before they may be recorded and impart constructive
notice.
Question 12: Which of the following interests is generally not required to be recorded in order to be
enforceable against subsequent purchasers in Minnesota?
A. A mortgage
B. A judgment lien
C. An easement created by express grant
D. An adverse possession claim that has not been reduced to judgment
CORRECT ANSWER: D. An adverse possession claim that has not been reduced to judgment
Rationale: Adverse possession, until quieted by court decree or otherwise placed of record, does not
appear in the chain of title and therefore is not protected by the recording acts in the same manner as
recorded instruments.
Question 13: In Minnesota, the county recorder’s office maintains records for which type of property?
A. Only Torrens (registered) property
B. Abstract (unregistered) property
C. Both abstract and Torrens property in separate systems
D. Neither; all records are maintained by the registrar of titles
CORRECT ANSWER: B. Abstract (unregistered) property
Rationale: The county recorder maintains the grantor-grantee indexes and tract indexes for abstract
(unregistered) land, while the registrar of titles maintains the certificates of title for Torrens property.
