Very interesting. It is good that the issue has been addressed in a title standard.  However, I do not understand the difference between a Warranty Deed and a Quit Claim Deed in this situation.  Both presumably grant all of the grantors interest in the property.  Maybe there is something in the Minnesota law that I am not aware of (like the strange situation with Quit Claim Deeds in Texas not being insurable). 

No matter what the law says, it would be a much better practice to expressly state the intentions of the parties in the grant deed; e.g., the mortgage has been assumed, or it has been extinguished.  That would certainly make the job of the title professional much more simple.

Thank you for sharing Jeanine!

Best,
Robert A. Franco
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