Edited by Nancy K. Landmark & Scott M. Lucas
The Minnesota Real Estate Titles Deskbook is written and edited by experienced real estate practitioners and provides an in-depth analysis of all aspects of examining title and clearing title defects. The title exam portion of the Deskbook dives into topics like marketable title, legal description, conveyances, and encumbrances. The resolution of title problems section dives into the different ways to resolve those problems, including voluntary resolution, cancellation, property registration, and actions involving the courts. Written with the practicing attorney in mind, the Deskbook includes valuable insights and practice tips collected from the editors’ and authors’ many years of experience and practical know how. Order yours today!
2023 UPDATE
The 2023 Update brings your Minnesota Real Estate Titles Deskbook completely up-to-date with substantial revisions and additions to the chapters covering legal descriptions, title insurance, registering property, and litigating adverse claims based on matters of record, and a fully-updated Table of Authorities.
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PART I: EXAMINING TITLE
CHAPTER 1
Introduction
Role of Examiner; Recording Act and Recording Systems; Examination Process; Tools & Resources; Appendix A – Sample Abstract Entries; Appendix B – Sample Examination Worksheets
– Nancy K. Landmark
CHAPTER 2
Marketable Title
What Is Marketable Title?; Minnesota Title Standards; Minnesota’s 30- and 40-Year Laws
– Shari P. Fischer & Stephen J. Nash
CHAPTER 3
Legal Description Considerations
Introduction; Types of Legal Descriptions; Title Issues Arising From Legal Descriptions; Appendix A – Examples; Appendix B – ALTA/NSPS Standards; Appendix C – Common Plat Review Issues for Title Examiners; Appendix D – Online Resources for Map, Plats, and Plat Guidelines
– Matthew A. Anderson & Bryan Balcome
CHAPTER 4
Conveyances
Requisites for a Valid Conveyance; Questions of Authority; Warranties of Title; After-Acquired Title
– Paul B. Kilgore
CHAPTER 5
Encumbrances
Encumbrances Appearing In Public Land Records – the Records of the County Recorder (Abstract Property) and County Registrar of Titles (Registered or Torrens Property); Encumbrances Based on State and Federal Statutes or Treaties; Encumbrances Based on Matters of Fact; Appendix A – Survey Review Checklist
– Scott E. Helgerson
CHAPTER 6
Title Objections and Title Exceptions
Title Exceptions; Title Objections; Drafting the Title Opinion; Sample Exception and Objection Paragraphs; Drafting and Responding to Title Comment/Title Objection Letters; Appendix A – Title Opinion Worksheet; Appendix B – Sample Title Opinion with Standard Exceptions; Appendix C – Minnesota Uniform Conveyancing Forms, Form 50.1.1 – Affidavit Regarding Purchaser by Individual; Appendix D – Minnesota Uniform Conveyancing Forms, Form 50.1.2 – Affidavit Regarding Seller by Individual; Appendix E – Minnesota Uniform Conveyancing Forms, Form 50.1.3 – Affidavit Regarding Business Entity; Appendix F – ALTA Schedule B-II – Title Exceptions; Appendix G – MSBA Title Exceptions; Appendix H – Minnesota Association of REALTORS® Title Exceptions; Appendix I – Letter to Township/City on Assessments; Appendix J – Sample Letter to Public Utility
– Thomas H. Sellnow
CHAPTER 7
Title Insurance
Introduction; What Is a Title Commitment?; What Is a Title Policy; What Is Covered by The Policy; Endorsements; Appendix A – ALTA Commitment for Title Insurance; Appendix B – ALTA Owner’s Policy of Title Insurance; Appendix C – ALTA Loan Policy of Title Insurance; Appendix D – ALTA Homeowner’s Policy; Appendix E – ALTA Endorsement 3.1 (Zoning – Completed Structure); Appendix F – ALTA Endorsement 9.2-06 (Covenants, Conditions and Restrictions – Improved Land – Owner’s Policy); Appendix G – ALTA Endorsement 11.1-06 (Mortgage Modification With Additional Amount Of Insurance); Appendix H – ALTA Endorsement 13-06 (Leasehold – Owner’s); Appendix I – ALTA Endorsement 17-06 (Access and Entry); Appendix J – ALTA Endorsement 17.2-06 (Utility Access); Appendix K – ALTA Endorsement 34-06 (Identified Risk Coverage); Appendix L – ALTA Endorsement 38-06 (Mortgage Tax)
– Chad E. Novak
PART II: CLEARING TITLE DEFECTS
CHAPTER 8
Voluntary Resolution of Title Issues
Introduction; Quit Claim Deeds and Releases; Easements; Corrective Documents; Re-Recorded Documents; Affidavits; Appendix A – Minnesota Uniform Conveyancing Forms, Form 10.3.1 – Quit Claim Deed Individual(s) to Individual(s); Appendix B – Minnesota Uniform Conveyancing Forms, Form 10.3.5 – Quit Claim Deed Business Entity to Business Entity; Appendix C – Minnesota Uniform Conveyancing Forms, Form 10.3.4 – Quit Claim Deed Business Entity to Individual(s); Appendix D – Minnesota Uniform Conveyancing Forms, Form 10.3.2 – Quit Claim Deed Individual(s) to Business Entity; Appendix E – Minnesota Uniform Conveyancing Forms, Form 40.3.3 – Release Of Land from Judgment Lien; Appendix F – Minnesota Uniform Conveyancing Forms, Form 80.1.1 – Release Of Land From Judgment Lien In Marriage Dissolution (Divorce) Judgment and Decree; Appendix G – Minnesota Uniform Conveyancing Forms, Form 40.3.6 – Release of Land from Mechanic’s Lien by Business Entity; Appendix H – Minnesota Uniform Conveyancing Forms, Form 40.3.5 – Release of Land from Mechanic’s Lien by Individual; Appendix I – Minnesota Uniform Conveyancing Forms, Form 20.6.2 – Partial Release of Mortgage; Appendix J – Minnesota Uniform Conveyancing Forms, Form 20.6.1 – Partial Release of Mortgage by Individual(s); Appendix K – Minnesota Uniform Conveyancing Forms, Form 20.6.5 – Partial Release of Mortgage by Assignee Business Entity Assignee; Appendix L – Minnesota Uniform Conveyancing Forms, Form 20.6.4 – Partial Release of Mortgage by Assignee Individual Assignee(s); Appendix M – Minnesota Uniform Conveyancing Forms, Form 40.6.4 – Partial Release of Property from Notice Of Lis Pendens; Appendix N – Minnesota Uniform Conveyancing Forms, Form 50.2.1 – Affidavit of Identity Minn. Stat. § 507.29
– Racheal M. Holland
CHAPTER 9
Cancellation of Contracts for the Conveyance of Interests in Real Estate and Conveyance of Interests in Such Contracts
Cancellation Under Minnesota Statutes Section 559.21; Cancellation Under Minnesota Statutes Section 559.217 for Residential Purchase Agreements; Consensual and Judicial Cancellation; Resolving Cancellation Title Defects; Memorializing the Cancellation to Clear Interest from Title; Conveyance of Contract for Deed Purchaser’s Interest; Conveyance of Contract for Deed Seller’s Interest; Appendix A – Minnesota Uniform Conveyancing Forms, Form 30.4.1 – Notice of Termination Of Contract For Deed; Appendix B – Minnesota Uniform Conveyancing Forms, Form 110.1.1 – Notice of Cancellation Of Residential Property Purchase Agreement; Appendix C – Minnesota Uniform Conveyancing Forms, Form 110.1.2 – Notice of Declaratory Cancellation Of Residential Property Purchase Agreement (Without Right To Cure); Appendix D – Minnesota Uniform Conveyancing Forms, Form 30.5.1 – Transfer Statement for Contract For Deed
– Larry M. Wertheim
CHAPTER 10
Actions Pertaining to Abstract Land
Introduction; Statutory Action to Determine Adverse Claims; Statutory Action to Determine Boundaries; Statutory Action to Quiet Title to Lands Forfeited to the State of Minnesota; Other Actions to Quiet Title; Facts for Appendices; Appendix A – Sample Complaint; Appendix B – Sample Summons; Appendix C – Sample Notice of Pendency; Appendix D – Sample Affidavit in Support of Publication of Summons; Appendix E – Sample Notice Of Motion and Motion; Appendix F – Sample Motion; Appendix G – Sample Supporting Affidavit; Appendix H – Sample Affidavit of Non-Military Status; Appendix I – Sample Findings of Fact, Conclusions of Law, And Order for Judgment; Appendix J – Sample Judgment
– Daniel D. Maddy
CHAPTER 11
Registering Property
Introduction; Title Registration Under Minnesota Statutes Chapter 508; Determining Boundaries In a Torrens Registration System; Certificates of Possessory Title – Registration of Land Without Court Proceedings; Combination Application to Register Title and Proceedings Subsequent; Glossary of Torrens Terms; Legal Sources; Appendix A – Sample Application to Register Title; Appendix B – Sample Title Examiner’s Report; Appendix C – Sample Petition and Order for Summons; Appendix D – Sample Land Title Summons; Appendix E – Sample Assent to Title Registration; Appendix F – Sample Interlocutory Order; Appendix G – Sample Supplemental Title Examiner’s Report; Appendix H – Sample Final Order and Decree of Registration; Appendix I – Sample Examiner’s Directive to File Survey; Appendix J – Sample Certificate of Possessory Title (CPT) Registration Application; Appendix K – Sample Title Examiner’s Report (CPT); Appendix L – Sample Notice of Application Letter (CPT); Appendix M – Sample Assent to Certificate of Possessory Title; Appendix N – Sample Notice of Application for Certificate of Possessory Title; Appendix O – Sample Examiner’s Directive to Issue a Certificate of Possessory Title; Appendix P – Sample Joint Application to Register Title and Proceedings Subsequent to Correct a Boundary
– David J. Meyers
CHAPTER 12
Actions Involving Torrens Property
Introduction; Examiner Certifications; Examiner’s Directives; Proceedings Subsequent to Initial Registration; Proceedings Subsequent After Foreclosure; Action to Determine Boundary Lines – MINN. STAT. § 508.671; Jurisdiction of Torrens Court
– Kimberly E. Brzezinski
CHAPTER 13
Litigating Adverse Claims Based on Possession
Adverse Possession and Prescriptive Easements – Abstract Property Only; Boundary by Practical Location; Statutory Dedication and Common Law Dedication; Cartways; Ejectment of Trespassers
– Shaun D. Redford & Katherine L. Wahlberg
CHAPTER 14
Litigating Adverse Claims Based on Matters of Record
Introduction and Scope of Topic; Protecting the Parties Prior to Initiating Litigation; Declaratory Judgments – MINN. STAT. ch. 555; Non-Joinder of Spouses on Deeds and Mortgages; Actions to Determine Adverse Claims – MINN. STAT. ch. 559; Motions for Default Judgment; Proceedings Subsequent – MINN. STAT. chs. 508 & 508A (Torrens Property); Corrective Mortgage Foreclosures by Action – MINN. STAT. ch. 581; Actions for Partition – MINN. STAT. ch. 558; Appendix A – Notice of Unregistered Interest Form; Appendix B – Analysis Tree for Non-Joinder of Spouses on Mortgages; Appendix C – Sample Notice of Default Motion and Motion for Default Judgment to Reform Legal Description of Mortgage (and Have it Determined to Be Prior to Subsequent Mortgage); Appendix D – Sample Memorandum in Support of Default Motion to Reform Legal Description of Mortgage (and Have it Determined to Be Prior to a Subsequent Mortgage); Appendix E – Sample Attorney’s Affidavit in Support of Motion for Default Judgment to Reform Legal Description of Mortgage (and Have it Determined to Be Prior to a Subsequent Mortgage); Appendix F – Sample Proposed Findings of Fact, Conclusions of Law and Order for Judgment for Default Judgment to Reform the Legal Description of Mortgage (and Have it Determined to Be Prior to a Subsequent Mortgage); Appendix G – Sample Interlocutory Order for Determining Boundaries
– Bradley N. Beisel
Table of Authorities
Subject Index
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