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

• ALTA Commitment for Title Insurance (Chapter 7)
• ALTA Endorsement 3.1 (Zoning – Completed Structure) (Chapter 7)
• ALTA Endorsement 9.2-06 (Covenants, Conditions And Restrictions – Improved Land – Owner’s Policy)  (Chapter 7)
• ALTA Endorsement 11.1-06 (Mortgage Modification With Additional Amount of Insurance) (Chapter 7)
• ALTA Endorsement 13-06 (Leasehold – Owner’s) (Chapter 7)
• ALTA Endorsement 17.2-06 (Utility Access) (Chapter 7)
• ALTA Endorsement 17-06 (Access And Entry) (Chapter 7)
• ALTA Endorsement 34-06 (Identified Risk Coverage) (Chapter 7)
• ALTA Endorsement 38-06 (Mortgage Tax) (Chapter 7)
• ALTA Homeowner’s Policy (Chapter 7)
• ALTA Loan Policy of Title Insurance (Chapter 7)
• ALTA Owner’s Policy of Title Insurance (Chapter 7)
• ALTA Schedule B-II – Title Exceptions (Chapter 6)
• Letter to Township/City On Assessments (Chapter 6)
• Minnesota Uniform Conveyancing Forms, Form 10.3.1 – Quit Claim Deed Individual(s) to Individual(s)  (Chapter 8)
• Minnesota Uniform Conveyancing Forms, Form 10.3.2 – Quit Claim Deed Individual(s) to Business Entity  (Chapter 8)
• Minnesota Uniform Conveyancing Forms, Form 10.3.4 – Quit Claim Deed Business Entity to Individual(s)  (Chapter 8)
• Minnesota Uniform Conveyancing Forms, Form 10.3.5 – Quit Claim Deed Business Entity to Business Entity  (Chapter 8)
• Minnesota Uniform Conveyancing Forms, Form 110.1.1 – Notice of Cancellation of Residential Property Purchase Agreement (Chapter 9)
• Minnesota Uniform Conveyancing Forms, Form 110.1.2 – Notice of Declaratory Cancellation of Residential Property Purchase Agreement (Without Right to Cure) (Chapter 9)
• Minnesota Uniform Conveyancing Forms, Form 20.6.1 – Partial Release of Mortgage By Individual(s)  (Chapter 8)
• Minnesota Uniform Conveyancing Forms, Form 20.6.2 – Partial Release of Mortgage (Chapter 8)
• Minnesota Uniform Conveyancing Forms, Form 20.6.4 – Partial Release of Mortgage by Assignee Individual Assignee(s) (Chapter 8)
• Minnesota Uniform Conveyancing Forms, Form 20.6.5 – Partial Release of Mortgage by Assignee Business Entity Assignee (Chapter 8)
• Minnesota Uniform Conveyancing Forms, Form 30.4.1 – Notice of Termination of Contract for Deed  (Chapter 9)
• Minnesota Uniform Conveyancing Forms, Form 30.5.1 – Transfer Statement for Contract for Deed (Chapter 9)
• Minnesota Uniform Conveyancing Forms, Form 40.3.3 – Release of Land from Judgment Lien (Chapter 8)
• Minnesota Uniform Conveyancing Forms, Form 40.3.5 – Release of Land from Mechanic’s Lien by Individual  (Chapter 8)
• Minnesota Uniform Conveyancing Forms, Form 40.3.6 – Release of Land from Mechanic’s Lien by Business Entity (Chapter 8)
• Minnesota Uniform Conveyancing Forms, Form 40.6.4 – Partial Release of Property from Notice of Lis Pendens (Chapter 8)
• Minnesota Uniform Conveyancing Forms, Form 50.1.1 – Affidavit Regarding Purchaser by Individual  (Chapter 6)
• Minnesota Uniform Conveyancing Forms, Form 50.1.2 – Affidavit Regarding Seller by Individual (Chapter 6)
• Minnesota Uniform Conveyancing Forms, Form 50.1.3 – Affidavit Regarding Business Entity (Chapter 6)
• Minnesota Uniform Conveyancing Forms, Form 50.2.1 – Affidavit of Identity Minn. Stat. § 507.29  (Chapter 8)
• Minnesota Uniform Conveyancing Forms, Form 80.1.1 – Release of Land from Judgment Lien in Marriage Dissolution (Divorce) Judgment And Decree (Chapter 8)
• Notice of Unregistered Interest Form (Chapter 14)
• Sample Abstract Entries (Chapter 1)
• Sample Affidavit in Support Of Publication of Summons (Chapter 10) 
• Sample Affidavit of Non-Military Status (Chapter 10)
• Sample Application to Register Title (Chapter 11)
• Sample Assent to Certificate of Possessory Title (Chapter 11)
• Sample Assent to Title Registration (Chapter 11) 
• 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) (Chapter 14)
• Sample Certificate of Possessory Title (CPT) Registration Application (Chapter 11)
• Sample Complaint (Chapter 10) 
• Sample Examination Worksheets  (Chapter 1)
• Sample Examiner’s Directive to File Survey (Chapter 11)
• Sample Examiner’s Directive to Issue a Certificate of Possessory Title (Chapter 11)
• Sample Final Order and Decree of Registration (Chapter 11)
• Sample Findings of Fact, Conclusions of Law, and Order for Judgment (Chapter 10)
• Sample Interlocutory Order (Chapter 11)
• Sample Interlocutory Order Determining Boundaries (Chapter 14)
• Sample Joint Application to Register Title and Proceedings Subsequent to Correct a Boundary (Chapter 11)
• Sample Judgment (Chapter 10)
• Sample Land Title Summons (Chapter 11)
• Sample Letter to Public Utility  (Chapter 6)
• Sample Memorandum in Support of Default Motion to Reform Legal Description of Mortgage (and Have it Determined to Be Prior to a Subsequent Mortgage) (Chapter 14)
• Sample Motion (Chapter 10)
• Sample Notice of Application for Certificate of Possessory Title (Chapter 11)
• Sample Notice of Application Letter (CPT) (Chapter 11)
• 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) (Chapter 14)
• Sample Notice of Motion And Motion (Chapter 10)
• Sample Notice of Pendency  (Chapter 10)
• Sample Petition and Order for Summons (Chapter 11)
• 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) (Chapter 14)
• Sample Summons (Chapter 10) 
• Sample Supplemental Title Examiner’s Report (Chapter 11)
• Sample Supporting Affidavit  (Chapter 10)
• Sample Title Examiner’s Report (Chapter 11)
• Sample Title Examiner’s Report (CPT) (Chapter 11)
• Sample Title Opinion With Standard Exceptions (Chapter 6)
• Survey Review Checklist (Chapter 5)
• Title Opinion Worksheet (Chapter 6)

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