Examiner of Titles

Certain documents require examiner's approval for filing with the registrar of titles, per various statutes. There is no fee for examiner’s approval. Documents submitted for approval are typically available for pickup in the examiner's office after 10 a.m., the business day after we receive them.

Check the status of your documents

Uniform conveyancing blanks (PDF)

Instructions

Attorney-in-fact for individual deed (power of attorney) (DOCX)
Approval is only required if an individual granted the power of attorney. Approval is not required for corporate (bank) attorney-in-fact deeds.

Claim of unregistered interest (DOCX) 
Per Minnesota Statute 508.70, see UCB Form 40.7.1 

Divorce decree (DOCX) 
A decree of dissolution or summary real estate disposition judgment must be approved to transfer title if there is no deed from the divested owner

Probate transfer (DOCX) 
Includes deed of sale, deed of distribution, decree of distribution, decree of descent, summary assignment

Trustee's deed / plat signed by trustee (DOCX) 
Only individual and testamentary trust deeds need examiner’s approval. Approval is not required for corporate (bank) trust deeds.

Avoiding common errors

General tips

• All documents submitted must be originals or certified copies.
• Certified copies should not be taken apart.
• All documents must be complete and ready to be filed (signed, executed, and acknowledged).

Attorney-in-fact deed

Before you submit your attorney-in-fact deed, check to make sure:

• The deed is properly acknowledged by the attorney in fact (Minnesota Statute 358.48, clause 2). The acknowledgement should be by “______ as attorney-in-fact for ______, a single
  person (or “married to ______”). 
• Paragraph 1 of the affidavit is filled in with the correct date of the power of attorney.
• The affidavit is made the same day or after the deed is dated or acknowledged, whichever is later.
• If a successor attorney-in-fact is acting, you are submitting that additional affidavit (Minnesota Statute 523.16) (UCB Form 100.2.2).

Deed from a personal representative

Before you submit your deed from a personal representative, check to make sure:

• The deed is dated and acknowledged the same day or before the certification date of the letters.
• The deed is given after 30 days have elapsed from the issuance of the letters in an
  informal probate.
• The required Notice to Commissioner of Human Services (UCB Form 70.3.1) and Affidavit (UCB Form 70.3.4), (Minnesota Statute 524.3-801) accompany your Deed of Distribution/Decree of Distribution.
• If 70 days have not passed from the day notice was served on the commissioner, you are also submitting a consent to early distribution (UCB Form 70.3.7) 

Trustee's deed 

Before you submit your trustee's deed, check to make sure:

• The affidavit is made the same day or after the deed is dated and executed, whichever is later.
• The affidavit has the correct date (and recording information if already recorded) of the certificate of trust.
• Paragraph 3 of the affidavit is filled in with information about the deed. The 3 blanks are for the grantor, grantee, and date of the deed.
• You are using the current statutory forms for the certificate of trust, either UCB Form 90.1.1 for an individual, or UCB Form 90.1.2 for a business entity (Minnesota Statute 501C.1013).
• You are using the current statutory form for the affidavit of trustee, either UCB Form 90.1.3 for an inter vivos trust, or UCB Form 90.1.4 for a testamentary trust (Minnesota Statute 501C.1015).

Drafting mistake-free deeds  

Drafting mistake-free deeds (PDF) 

Includes:

• general tips
• warranty deeds
• limited warranty deeds
• quitclaim deeds
• deeds from one spouse to both
• death of the non-titled spouse
• death of a joint tenant/life tenant
• probate deeds
• conservator deeds
• trustee deeds
• custodian deeds
• attorney-in-fact deeds
• transfer on death deeds
• when to use a jurat and when to use an acknowledgement clause

Examiner’s directive and removing documents from certificate of title

Document types and applicable authority (deletion table) (PDF)

Request an exchange certificate

Your certificate of title may show liens or interests that are no longer valid. To learn if those interests will be dropped by the registrar or will require an examiner’s directive, check this alphabetical list of document types. (Minnesota Statute 508.421)

Request an examiner’s directive

To request removal of an expired mortgage or other document, send an email to ex.titles@hennepin.us including:

1. Certificate of title number
2. Document number you want removed (don't include copies of documents)
3. Minnesota statute, title standard, or other reason you believe it should be removed. See deletion table (PDF).

There is no fee for issuing an examiner’s directive, but recording fees may apply.

Other directive types:

Correct name on certificate--person (RTF)
Requesting correction to individual’s name or marital status on certificate of title (Minnesota Statute 508.71, Subdivision 3)

Correct name on certificate--entity (RTF)
Requesting correction to entity name or state of organization on certificate of title (Minnesota Statute 508.71, Subdivision 3)

Condominium declaration or amended/supplemental declaration (DOCX)
Requesting examiner approval to record declaration (Minnesota Statute 508.351)

Eminent domain transfer (DOCX)
Requesting new certificate of title pursuant to a final certificate or quick take order (Minnesota Statute 508.73, Subdivision 1)

Street/alley vacation (DOCX)
Requesting a change to legal description on a certificate of title to include vacated street/alley (Minnesota Statute 508.73, Subdivision 2)

Tax forfeiture (PDF)
Requesting new certificate of title when auditor's certificate has been of record 10 years of more (Minnesota Statute 508.67, Subdivision 2)

Land in Minnesota can become registered either by initial registration (a decree of the district court) or an examiner’s directive for a certificate of possessory title. 

Initial registration 

Initial registration is a legal proceeding that transfers land title from the recording act system (abstract title) to the registration system (torrens title), under Minnesota Statutes Chapter 508. This action cures titles defects and quiets title against all persons who could possibly assert an adverse right in the land being registered. 

Hearings for initial registrations are held Thursdays at 10 a.m. in the hearing room of the examiner’s office, A-702 Government Center.

Instructions for initial registration proceedings (PDF)
How to register land including instructions for service

Instructions for contested registrations (PDF)
Court rules for torrens proceedings (PDF)

Forms for initial registration

• Individual application (RTF)
• Joint tenant application (PDF)
• Business application (RTF)
• Appointment of agent for non-resident applicant (PDF)
• Petition and order for summons (RTF)
• Land title summons (RTF)
• Affidavit in support of summons (RTF)
• Notice to mail summons (PDF)
• Affidavit of default (RTF)
• Interlocutory order (RTF) (For boundary registration)
• Order and decree of registration (RTF) 

Certificate of Possessory Title (CPT)

This is a procedure to register title to certain land without court proceedings under Minnesota Statutes Chapter 508A. The land being registered must be a possessory estate in land. This means a fee simple estate whose owner the examiner of titles has found to be the record owner of the land, and whose owner is in actual or constructive possession of the land.

This registration process creates a certificate of possessory title (CPT). CPT is appropriate for uncontested titles, because no judicial hearing is available, so the process cannot resolve title defects. Five years after the date of the first CPT, the registrar of titles will issue a certificate of title and cancel the CPT when any instrument transferring title is filed.

Registering possessory title (PDF)
Description of process and instructions

Forms for Certificate of Possessory Title

• Individual application for CPT (RTF)
• Joint tenant application for CPT (RTF)
• Business application for CPT (PDF)
• Certificate of mailing (RTF)
• Individual CPT affidavit (RTF)
• Corporate/partnership CPT affidavit (RTF)

Any court action under Minnesota Statutes Chapter 508 or 508A, brought after the initial registration, is called a proceeding subsequent. Proceedings subsequent are commenced by filing a petition. Petitions should be efiled through the eFile and eServe system, Hennepin Examiner of Titles node.

Instructions

• Instructions for proceedings subsequent (PDF, 1MB) (a detailed start-to-finish guide)
• Instructions for contested proceedings subsequent (PDF, 1MB)
• Survey requirements for boundary registration (PDF, 1MB)
• Instructions: next steps after an interlocutory order is signed (PDF, 1MB)
• Instructions on pleading bankruptcy allegations (PDF, 1MB) (includes sample paragraphs for petitions)
• Instructions for appointment of a guardian ad litem by an adverse party (PDF, 1MB) (process for appointment and sample forms)

Court rules

Court rules for torrens proceedings (PDF, 1MB)

Forms

• General petition (RTF, 1MB)
• Petition after foreclosure – mortgage (RTF, 1MB)
• Petition after foreclosure – association assessment lien (RTF, 1MB)
• Petition after contract for deed cancellation (RTF, 1MB) (for cancellations of record less than five years)
• Petition after fulfillment of contract for deed (RTF, 1MB)
• Petition after tax forfeiture (RTF, 1MB) (for forfeitures of record less than ten years)
• Petition for order determining boundary lines (RTF, 1MB)
• Order to show cause (RTF, 1MB)
• Interlocutory order (RTF, 1MB) (for boundary registration)
• Order in proceeding subsequent (RTF, 1MB)
• Affidavit of default (RTF, 1MB)

Standing orders

• Standing order referring uncontested proceeding subsequent hearings to examiner (PDF, 1MB)

A request to reduce the redemption period to five weeks for certain abandoned properties after foreclosure or tax sale is heard by the examiner of titles pursuant to order of reference. 

Instructions to reduce redemption period after mortgage foreclosure (PDF, 1MB) (Minnesota Statute 582.032)

Instructions to reduce redemption period after tax forfeiture (PDF, 1MB) (Minnesota Statute 281.173) (Minnesota Statute 281.174)

Complaint for five week case (RTF, 1MB)

Order for five week case (RTF, 1MB)

Order of reference – standing order – mortgage foreclosure (PDF, 1MB)

Order of reference – standing order – tax forfeiture (PDF, 1MB)

Land in Minnesota may be registered under Minnesota Statutes Chapter 508. Registered land is also known as torrens. The registration process is done through the examiner of titles office. Hennepin County has an examiner of titles and four deputy examiners of titles. They are attorneys appointed by the judges of the district court. The examiner of titles is the legal adviser to the registrar of titles, and assists parties in transactions. Examiners act as fact finders for the district court, and recommend orders to be entered by the court. 

Articles

• Summary of the torrens system in Minnesota (DOCX)
• Effect of the decree of registration (DOCX)
• Benefits of torrens title(DOCX)
• Rights of registered owners (DOCX)
• Role of examiner of titles (DOCX)

Newsletters

• New contested case procedures (June 16, 2016)
• New trust law and forms (January 25, 2016)

• Minnesota statutes
• Minnesota Secretary of State business name search
• Uniform conveyancing forms
• Minnesota Title Standards
• Minnesota Court Records Online (MCRO)