MN Underwriting References

Affidavits

AFFIDAVITS AS TO EVIDENTIARY FACTS

An examining attorney is justified in relying upon affidavits as to evidentiary facts in relation to the title only in the following cases: (a) When authorized by special statute, i.e. affidavits of vacancy, service upon an occupant, military status, etc. (b) To establish prima facie evidence as to the identity, marital status or relation, military status or death or time of death of a party to the record title, or as to the identity of any corporation or other legal entity to the record title under Minn Stat § 507.29, but only when it shows affirmatively a personal knowledge of the facts and that it is made from actual knowledge and not on information and belief. (c) As an estoppel against the person making the affidavit. Amended June 15, 1973

Standard 22

Bankruptcy

DISCHARGE OF LIEN BY APPLICATION

In MN, by statute they have created a separate mechanism to strip the liens by application to the state court administrator for the court that entered the judgment (copied below). If after notice, the judgment creditor doesn’t file an objection, then the judgment will be “discharged” and we can ignore it.

However, one basis for objecting is that the judgment lien attached prior to the BK filing. (see highlighted language)

But until they go through this step at the state court level, the judgment is still a lien against the property even though the bankruptcy discharge has been entered. And even then, it is easy for the judgment creditor to block.

548.181. Discharge of judgments against bankruptcy debtors Currentness Subdivision 1. Application for discharge. A judgment debtor who has received a discharge under United States Code, title 11, or an interested party, upon paying a filing fee of $5 for each judgment, may apply to the court administrator of any court for the discharge of all judgments entered in that court against the judgment debtor that were ordered discharged by the bankruptcy discharge. Subd. 2. Application requirements; service. An application under subdivision 1 must identify each judgment to be discharged, must be accompanied by a certified copy of the judgment debtor's bankruptcy discharge or a certificate by the clerk of the United States Bankruptcy Court of the discharge, must state the time the judgment creditor has to object as specified in subdivision 3 and the grounds for objection as specified in subdivision 4, must be served at the expense of the applicant on each judgment creditor either: (1) in the manner provided for the service of a summons in a civil action and must be accompanied by an affidavit of service; or (2) by certified mail to the judgment creditor's last known address as it appears in the court record, and must be accompanied by an affidavit of mailing. Subd. 3. Objection to discharge. The court administrator, without further notice or hearing, shall discharge each judgment except a judgment in favor of a judgment creditor who has filed an objection to discharge of the judgment within 20 days after service of the application on the judgment creditor. An objection to discharge of a judgment must be served on the judgment debtor in the same manner as an answer in a civil action. Subd. 3a. Certification of discharge. Upon receipt of a filing fee of $5, the court administrator shall certify to the judgment debtor or other interested party the judgments against a person that have been discharged by the administrator. Subd. 4. Court order. If a judgment creditor objects to the discharge of a judgment, on motion of the judgment debtor, the judgment creditor, or other interested party, the court shall order the judgment discharged except to the extent that: (1) the debt represented by the judgment was not discharged by the bankruptcy discharge; or (2) the judgment was an enforceable lien on real property when the bankruptcy discharge was entered. If the judgment was an enforceable lien on some, but not all, real property of the judgment debtor, the discharge shall only be entered as to real property not subject to an enforceable lien.

Minnesota also has a case expressly holding this.

Discharge in bankruptcy releases bankrupt from personal liability, but does not annul lien obtained from judgment which attached to property prior to bankruptcy;  however, judgment cannot constitute lien on after-acquired property.  Triangle Refineries, Inc. v. Brua, App.1985, 364 N.W.2d 863.  Bankruptcy 3414

EFFECT OF BANKRUPTCY ON JUDGMENTS AS TO NONEXEMPT PROPERTY

Where judgments appear against a person in a chain of title followed by bankruptcy of such person:

Judgment Constituting Lien at Time of Bankruptcy As to real property upon which a judgment constitutes a lien at the time of bankruptcy, the lien remains valid in the absence of: a. an order of the bankruptcy court voiding the lien as a preference, directing the real property to be sold free and clear of the lien, or otherwise invalidating the lien, or b. a discharge of the lien pursuant to Minn Stat § 548.181.

Real Property Acquired Subsequent to Bankruptcy Filing

As to real property acquired by the debtor subsequent to the date of filing of the petition in bankruptcy, no lien attaches on account of judgments for debts discharged in bankruptcy. The examiner should examine the records of the bankruptcy court to verify that:a. a discharge of the debtor has been granted and has not been revoked;b. the debt was not a kind specified in 11 USC §§ 523(a)(1), (a)(3), (a)(5), or (a)(7)–(19); and, c. the debt was not determined to be nondischargeable in an adversary proceeding in the bankruptcy court.Caveat: No position is taken as to whether an existing judgment becomes a lien on real property which vests in the debtor by devise or inheritance within 180 days after the date the petition in bankruptcy is filed. See11 USC § 541(a)(5).

When Court Order Not Required

In any case covered by 35.2 above, it is unnecessary to require a court order satisfying the judgment pursuant to Minn Stat §548.181. Authority: 11 USC § 330; 11 USC § 363(f) ; 11 USC § 506; 11 USC § 522; 11 USC § 523; 11 USC § 524; 11 USC § 541(a)(5); 11 USC § 546; 11 USC § 547; Minn Stat § 548.181. Note: Real property is not exempt unless it has been claimed exempt pursuant to 11 USC § 522(b) and the court has denied any timely objection pursuant to Fed R Bankr P 4003(b). 11 USC§ 522(l) . The filing of a claim in a bankruptcy proceeding by a judgment creditor does not automatically operate as a waiver of the lien of the judgment. Amended June 19, 1953; June 20, 1980; June 16, 1989; November 4, 2016

Standard 35

General

once the debtor is discharged, equitable title to the real estate is “re-vested” in the debtor absent any adversarial proceeding.

Condominiums, Homeowners’ Associations and Common Interest Developments

Association Lien

The association has a lien on a unit for any assessment levied against that unit from the time the assessment becomes due. There is no statutory expiration period

Minn Stat §515B.3-116

Contracts for Sale/Deed

UNFULFILLED CONTRACT FOR DEED OLD CONTRACTS FOR DEED

An examiner may disregard a recorded contract for deed when 21 years have elapsed since the maturity date of the final payment under the contract or when 21 years have elapsed since the date of the contract if no maturity date is shown. An examiner may disregard a recital of an unrecorded contract for deed when 21 years have elapsed since the latest of the following dates: (1) The date of the contract; (2) The maturity date of the contract; (3) The date of the instrument making reference to the contract for deed if no date of the contract or maturity thereof is recited. Note: See Minn Stat § 508.48 as to registered land. Amended June

Standard 26

Conveyances

STRAY CONVEYANCES —STRANGER JOINING WITH RECORD OWNER

A person joining with the record owner in a conveyance as defined in Minn Stat § 507.01, is not a stranger to the title and notice should be taken of the person’s interest provided that where parties joined with fee owners in a conveyance recorded over 21 years ago and the conveyance does not recite the nature of their interest and they do not again appear in the chain of title, the joinder may be disregarded if there is of record a conveyance by warranty deed executed by the fee owner at the time of the joinder which does not recite the interest of the parties joining in the conveyance. See Minn Stat § 508.48 as to registered land. Joinder by a spouse with the record owner is notice only of the spouse’s homestead, survivorship and marital property interests, and may be disregarded for any other purpose.

Standard #15 Note: See Minn Stat §§ 524.2-402, 524.2-201–.2-215, and 518.54, subd 5.

STRAY CONVEYANCES — STRANGER TO STRANGER

Title to real estate is not unmarketable as a result of a conveyance, as defined in Minn Stat § 507.01, from a stranger to the record title (including a prior owner of record) to another stranger to the record title if 15 years have elapsed from the date of such instrument. If the date of such instrument is less than 15 years prior to the date of examination, inquiry should be made to ascertain the interest claimed. Caveat: This standard may not apply in situations where successive deeds may establish a source of title under the Marketable Title Act. Authority: Miller v Hennen, 438 NW2d 366 (Minn 1989). Standard #16 Note: The type of inquiry required by the standard depends upon the individual circumstances. The standard does not necessarily require quit claim deeds from the strangers. For example, it may be a matter of reasonable business risk to ignore a stray instrument which appears to be the result of a drafting error, absent other evidence of a claim of ownership by the strangers, either on the record or by reason of possession.

DEEDS RECORDED AFTER GRANTOR’S DEATH

Where instruments are filed for record subsequent to known date of maker’s death, the examiner may assume effective delivery prior to death of the maker.

Standard #17 Authority: Schweigel v LA Shakman Co, 78 Minn 142, 80 NW 871 (1899); Kammrath v. Kidd, 89 Minn 380, 95 NW 213 (1903).

WILL ADMITTED BUT NO DECREE OR CONVEYANCE — PASSAGE OF TITLE

Where a title depends upon a devise, the record of a certified copy of the will and of an order of a Minnesota court or registrar’s statement admitting the will to probate is not alone sufficient as a link in the chain of title, even though the time for filing claims against the estate has expired. A recorded certified copy of a decree of distribution or descent made by a Minnesota probate court pursuant to the will, or a personal representative’s deed of distribution to the devisees pursuant to the will with appropriate supporting documentation is necessary to complete the chain of record title; except that in those cases where the will was admitted to probate prior to the year 1900 no copy of a decree of distribution is necessary. Amended June 29, 1984

Standard 23

Deeds

MARITAL STATUS OF GRANTOR — NO PRIOR MARRIAGE SHOWN

Where the record fails to show that a grantor was ever married and the conveyance out refers to him or her as single, unmarried, widower or widow, title should be passed without further question. Authority: Judd v Skidmore, 33 Minn 140, 22 NW 183 (1885).

MARITAL STATUS OF GRANTOR—PRIOR MARRIAGE OF PERSON DESIGNATED “SINGLE” OR “UNMARRIED”

Where the record shows that a grantor was married but the conveyance out has been of record less than 15 years and recites that the grantor is “single” or “unmarried,” proof of death or divorce or dissolution of marriage should be recorded. An affidavit, or affidavit and death certificate, is sufficient proof of death, but a certified copy of a decree of divorce or dissolution of marriage or a certificate of dissolution or a summary real estate disposition judgment should be recorded to prove divorce or dissolution of marriage.

Title Standard #11 Authority: Minn Stat § 507.29; Minn Stat §§ 518.06, 518.191; Minn Stat § 519.101.

MARITAL STATUS OF GRANTOR — DEED BY “DIVORCED” GRANTOR

Where the record affirmatively shows that a grantor was divorced and the conveyance by such grantor has been of record less than 15 years, a certified copy of the decree of divorce or dissolution of marriage or a summary real estate disposition judgment shall be filed. Authority: Minn Stat § 519.101. Title Standard #12 Cross reference: Title Standard No 7

Dissolution of Marriage

Severence of Joint Tenancy per Dissolution Decree

A decree of dissolution of a marriage in which there is a final determination of the rights of the parties in property held in joint tenancy, severs the joint tenancy between the parties unless the decree declares that the parties shall continue to hold the property as joint tenants. Authority: Minn Stat § 500.19, subd 5; Snyder v Snyder, 298 Minn 43, 212 NW2d 869 (1973). Amended June 16, 1989; June 29, 1990; June 14, 1991

Standard 21

MARITAL STATUS OF GRANTOR—PRIOR MARRIAGE OF PERSON DESIGNATED “SINGLE” OR “UNMARRIED”

Where the record shows that a grantor was married but the conveyance out has been of record less than 15 years and recites that the grantor is “single” or “unmarried,” proof of death or divorce or dissolution of marriage should be recorded. An affidavit, or affidavit and death certificate, is sufficient proof of death, but a certified copy of a decree of divorce or dissolution of marriage or a certificate of dissolution or a summary real estate disposition judgment should be recorded to prove divorce or dissolution of marriage.

Entities

FILING EVIDENCE OF LEGAL EXISTENCE AND CONTINUANCE OF ENTITIES

Recording It is not necessary to record an entity’s organizational documents in the office of the county recorder or registrar of titles to show legal existence, even if the filing of such entity’s organizational documents in a public office is required in order to confer legal existence on such entity.

Compliance with the applicable recording requirements set forth in Minn Stat Ch 315 is necessary to show legal corporate existence of religious corporations organized under that chapter.

Authority: Minn Stat §§ 302A.151, 302A.153, 302A.155; Minn Stat § 358.50; Minn Stat Ch 315; Mark Dunnell, ed, 9 Dunnell Minnesota Digest: An Encyclopedia of Minnesota Law § 2.07 (LexisNexis 5th ed 2003). 33.2 Continued Legal Existence A title shall not be unmarketable because the continued legal existence of an entity in the chain of title does not appear of record. Caveat: This standard reflects existing practice and does not address issues raised by Kratky v Andrews, 244 Minn 386, 28 NW2d 624 (1947) or Stone v Jetmar Properties, LLC, 733 NW2d 480 (Minn App 2007). Amended June 24, 1949; June 14, 1991; November 15, 2008

Standard 33

Environmental Endorsement Statute

MN: Minn. Stat. Ann. Sections 514.67; 115B.41; 115B.412

Foreclosure Of Mortgages

Junior Mortgage Redemption

A junior creditor can redeem in Minnesota under MN Statute 582.32(9) if they do so within the redemption period. MN Statute 580.27 indicates that if a junior creditor redeems they are assigned the rights acquired under the sale, which I read as stepping into the foreclosing creditors shoes.

So as long as the proper redemption procedure was followed, I’d rely on the certificate and vest that holder.

Forfeiture

EXPIRED FORFEITURE PROVISIONS — DISCHARGE BY TIME LIMIT

A title examiner may disregard forfeiture clauses which are a part of restrictions, two years after the termination of such restrictions if no lis pendens in an action to declare a forfeiture appears of record. In the case of vacant land, the forfeiture clauses may be disregarded immediately after the expiration of the restrictions.

Guardianship, Conservatorships and Other Protective Proceedings

When asked to insure a conveyance executed by a guardian/conservator of a disabled adult, the examiner must make sure that the guardian/conservator has the authority to execute the deed or mortgage. That is, the examiner will need either a court order that authorizes the guardian/conservator to convey or mortgage (as appropriate) the real estate. A parent claiming that “I am the guardian of my son/daughter,” with nothing more, is not sufficient.

Here is the legal support:

Minnesota Person Subject to Conservatorship – Defined

M.S. Section 524.5-102, Subd. 13a defines a Person Subject to Conservatorship in the following manner: “Person subject to conservatorship” means a minor or other individual for whom a conservator has been appointed.

M.S. Section 524.5-102, Subd. 14 defines the term Protected Person in the following manner: “Protected person” means a minor or other individual for whom a conservator has been appointed or other protective order has been made.

A Minnesota Conservator is appointed by a Probate Court judge to manage the financial affairs of a Protected Person – a Person Subject to Conservatorship – and typically will have the power to:

• enter into, or decline to enter into, contracts for the Protected Person, • pay the Protected Person’s bills, • invest the assets of the Protected Person, • petition the Court for approval of the Conservator’s sale of Minnesota Real Property, and • perform other financial functions for the Protected Person.

M.S. Section 507.04, Subd. 1 identifies that: • • after the appointment of a Minnesota Conservator, • the Protected Person’s right to sell, assign, transfer or convey the Protected Person’s interests in Minnesota real property is generally restricted, by providing in part as follows: No Conveyance Except by Court Approval. Except as otherwise provided by this section, if a protected person’s right to convey an interest in real property is restricted under sections 524.5-401 to 524.5-433, no conveyance of the interest is effective unless ordered by the court pursuant to section 524.5-418.

Judgments and Liens

548.09 LIEN OF JUDGMENT. Subdivision 1.Entry and docketing; survival of judgment. Except as provided in section 548.091, every judgment requiring the payment of money shall be entered by the court administrator when ordered by the court and will be docketed by the court administrator upon the filing of an affidavit as provided in subdivision 2. Upon a transcript of the docket being filed with the court administrator in any other county, the court administrator shall also docket it. From the time of docketing the judgment is a lien, in the amount unpaid, upon all real property in the county then or thereafter owned by the judgment debtor, but it is not a lien upon registered land unless it is also recorded pursuant to sections 508.63 and 508A.63. The judgment survives, and the lien continues, for ten years after its entry. Child support judgments may be renewed pursuant to section 548.091. §Subd. 2.Judgment creditor's affidavit. No judgment, except for taxes, shall be docketed until the judgment creditor, or the creditor's agent or attorney, has filed with the court administrator an affidavit, stating the full name, occupation, place of residence, and post office address of the judgment debtor, to the best of affiant's information and belief. If the residence is within an incorporated place having more than 5,000 inhabitants, the street number of both the judgment debtor's place of residence and place of business, if the debtor has one, shall be stated. Subd. 3.Violations by court administrator. If the court administrator violates this provision, neither the judgment nor the docketing is invalid, but the court administrator shall be liable to a person damaged by the violation in the sum of $5.

Satisfaction

570.11 SATISFACTION AND DISCHARGE; REAL ESTATE. An attachment of real estate may be released by recording with the county recorder or the registrar of titles for registered property:

(1) a certified copy of an order of the court vacating the attachment, or of a final judgment in the respondent's favor, or a satisfaction of judgment in the claimant's favor, rendered in the civil action;

(2) a certificate of satisfaction or discharge of the attachment, executed and acknowledged by the claimant or the claimant's attorney, as required for the satisfaction of a mortgage; or

(3) a deed of release of the attached premises, or of any part or interest therein, in which case the parts or interests not described in the deed shall remain subject to the attachment lien.

DEED BY PERSON WHO OWNS BOTH THE FEE AND MORTGAGE

A deed from the record holder of a mortgage or other encumbrance who is also the record title holder which does not except the mortgage or other encumbrance from the covenants and is not made subject to the mortgage or other encumbrance is sufficient as a discharge of the mortgage or other encumbrance and no further discharge need be required.Authority: Minn Stat §§ 507.06 and 507.07. Amended June 20, 1958; November 1, 2019

Standard # 34

Time

A judgment lien in Minnesota will remain attached to the debtor's property (even if the property changes hands) for ten years.

After Death

548.07 JUDGMENT AFTER DEATH OF PARTY. Judgment may be entered after the death of a party upon a verdict, or decision upon an issue of fact, rendered in the party's lifetime. Such judgment shall not be a lien on real property of the decedent, but shall be payable, in the course of administration of the decedent's estate, as if allowed by the district court against the estate.

UNSATISFIED MORTGAGES — OLD MORTGAGES AND ASSIGNMENTS OF RENT

United States Mortgage

Except in the circumstances identified in 25.3 below, an examiner may not disregard an unsatisfied mortgage held of record by the United States or an agency or instrumentality thereof.

Private Party Mortgage

An examiner may disregard an unsatisfied mortgage of record granted to a private party when 15 years have elapsed since the maturity date of the debt as stated in the mortgage or determined from information contained in the mortgage or in any recorded extension of the mortgage, unless the United States or an agency or instrumentality thereof became the owner of the mortgage. If the maturity date of the debt cannot be determined from such a mortgage owned by a private party, or any recorded extension thereof, an examiner may disregard an unsatisfied mortgage of record when 15 years have elapsed since the date of the mortgage.

Federal Statute of Limitation

Where a specific federal statute imposes a period of limitation on enforcement of a mortgage held of record by the United States or an agency or instrumentality thereof, an examiner may disregard such unsatisfied mortgage after the applicable period specified in such statute. 25.4 Unrecorded Private Party Mortgage An examiner may disregard a recital of the existence of an unrecorded mortgage granted to a private party once five years have elapsed since the date of the instrument containing the recital. If a notice of lis pendens concerning an action to foreclose an unrecorded mortgage is recorded during the five year period, then the recital is actual or constructive notice of the unrecorded mortgage.

Assignment of Rents

An examiner may disregard an assignment of rents, whether in a mortgage or in a separate instrument, and which assignment is given pursuant to and in accordance with the requirements set forth in Minn Stat § 559.17, subd 2, when the mortgage may be disregarded as set forth in 25.2 and 25.3 above, or if the related mortgage has been satisfied or released. Authority: Minn Stat § 507.332; Minn Stat § 541.03; Minn Stat § 559.17; 12 USC § 1787(b)(14); 12 USC § 1821(d)(14); 28 USC § 2415(a); Polish Union of the United States of North America v Kruszewski, 171 Minn 252, 213 NW 913 (1927); Smith v FDIC, 61 F3d 1552 (11th Cir 1995); Farmers Home Administration v Muirhead, 42 F3d 964 (5th Cir 1995); Magnolia Federal Bank for Savings v United States, 42 F3d 968 (5th Cir 1995); United States v. Peoples Household Furnishings, Inc, 75 F3d 252 (7th Cir 1996); DeSalle v Gibraltar Title Agency LLC, 621 NW2d 31 (Minn App 2000). Note: See Minn Stat §§ 508.48 and 508A.48 as to registered land. Private party means any person or entity other than the United States or an agency or instrumentality thereof. Foreclosure of a mortgage held by the United States or an agency or instrumentality thereof does not constitute an action for money damages under 28 USC § 2415(a) so the six year limitation period of that statute does not apply. Specific statutes which contain a limitation of actions or adopt the Minnesota limitation of actions include the following: 12 USC § 1787(b)(14) for mortgages held by the National Credit Union Administration Board as conservator or liquidating agent and 12 USC § 1821(d)(14) for mortgages held by the Federal Deposit Insurance Corporation as conservator or receiver. There is, however, no limitation of action on mortgages granted, for example, to the SBA. A contract of insurance or guaranty whereby the United States or an agency or instrumentality thereof (collectively, the “United States”) indemnifies a private party against loss on a mortgage loan made by such private party is not a mortgage granted to the United States nor does it result in the acquisition of such loan by the United States until, pursuant to such contract, the title to the mortgage is assigned by the private party to the United States. Amended June 20, 1958; June 14, 1991; June 25, 1993; June 23, 1995; June 21, 1996; June 22, 2001; June 23, 2006; November 13, 2010

Standard 25

EFFECT OF BANKRUPTCY ON JUDGMENTS AS TO NONEXEMPT PROPERTY

Where judgments appear against a person in a chain of title followed by bankruptcy of such person:

Judgment Constituting Lien at Time of Bankruptcy As to real property upon which a judgment constitutes a lien at the time of bankruptcy, the lien remains valid in the absence of: a. an order of the bankruptcy court voiding the lien as a preference, directing the real property to be sold free and clear of the lien, or otherwise invalidating the lien, or b. a discharge of the lien pursuant to Minn Stat § 548.181.

Real Property Acquired Subsequent to Bankruptcy Filing

As to real property acquired by the debtor subsequent to the date of filing of the petition in bankruptcy, no lien attaches on account of judgments for debts discharged in bankruptcy. The examiner should examine the records of the bankruptcy court to verify that:a. a discharge of the debtor has been granted and has not been revoked;b. the debt was not a kind specified in 11 USC §§ 523(a)(1), (a)(3), (a)(5), or (a)(7)–(19); and, c. the debt was not determined to be nondischargeable in an adversary proceeding in the bankruptcy court.Caveat: No position is taken as to whether an existing judgment becomes a lien on real property which vests in the debtor by devise or inheritance within 180 days after the date the petition in bankruptcy is filed. See11 USC § 541(a)(5).

When Court Order Not Required

In any case covered by 35.2 above, it is unnecessary to require a court order satisfying the judgment pursuant to Minn Stat §548.181. Authority: 11 USC § 330; 11 USC § 363(f) ; 11 USC § 506; 11 USC § 522; 11 USC § 523; 11 USC § 524; 11 USC § 541(a)(5); 11 USC § 546; 11 USC § 547; Minn Stat § 548.181. Note: Real property is not exempt unless it has been claimed exempt pursuant to 11 USC § 522(b) and the court has denied any timely objection pursuant to Fed R Bankr P 4003(b). 11 USC§ 522(l) . The filing of a claim in a bankruptcy proceeding by a judgment creditor does not automatically operate as a waiver of the lien of the judgment. Amended June 19, 1953; June 20, 1980; June 16, 1989; November 4, 2016

Standard 35

Leases

LEASES—NOTICE—OLD LEASES

In the absence of a notice of renewal from possession, record or otherwise, an examiner may omit from his opinion reference to a recorded lease when the term expressed in said lease has expired.

Standard 28

Life Estates

Lady Bird Deeds

Requirements

The basic requirements for an effective Minnesota Transfer on Death Deed include the following:

one or more Grantor Owners;

convey an interest in real property;

to one or more Grantee Beneficiaries;

pursuant to a deed that expressly states that it will be effective only upon the death(s) of one or more of the Grantor Owners; providing that such a deed is recorded or filed in the proper county office prior to the death(s) of the Grantor Owner(s) upon whose death(s) the conveyance is to be effective.

Mortgages & Deeds of Trust

UNSATISFIED MORTGAGES — OLD MORTGAGES AND ASSIGNMENTS OF RENT

United States Mortgage

Except in the circumstances identified in 25.3 below, an examiner may not disregard an unsatisfied mortgage held of record by the United States or an agency or instrumentality thereof.

Private Party Mortgage

An examiner may disregard an unsatisfied mortgage of record granted to a private party when 15 years have elapsed since the maturity date of the debt as stated in the mortgage or determined from information contained in the mortgage or in any recorded extension of the mortgage, unless the United States or an agency or instrumentality thereof became the owner of the mortgage. If the maturity date of the debt cannot be determined from such a mortgage owned by a private party, or any recorded extension thereof, an examiner may disregard an unsatisfied mortgage of record when 15 years have elapsed since the date of the mortgage.

Federal Statute of Limitation

Where a specific federal statute imposes a period of limitation on enforcement of a mortgage held of record by the United States or an agency or instrumentality thereof, an examiner may disregard such unsatisfied mortgage after the applicable period specified in such statute. 25.4 Unrecorded Private Party Mortgage An examiner may disregard a recital of the existence of an unrecorded mortgage granted to a private party once five years have elapsed since the date of the instrument containing the recital. If a notice of lis pendens concerning an action to foreclose an unrecorded mortgage is recorded during the five year period, then the recital is actual or constructive notice of the unrecorded mortgage.

Assignment of Rents

An examiner may disregard an assignment of rents, whether in a mortgage or in a separate instrument, and which assignment is given pursuant to and in accordance with the requirements set forth in Minn Stat § 559.17, subd 2, when the mortgage may be disregarded as set forth in 25.2 and 25.3 above, or if the related mortgage has been satisfied or released. Authority: Minn Stat § 507.332; Minn Stat § 541.03; Minn Stat § 559.17; 12 USC § 1787(b)(14); 12 USC § 1821(d)(14); 28 USC § 2415(a); Polish Union of the United States of North America v Kruszewski, 171 Minn 252, 213 NW 913 (1927); Smith v FDIC, 61 F3d 1552 (11th Cir 1995); Farmers Home Administration v Muirhead, 42 F3d 964 (5th Cir 1995); Magnolia Federal Bank for Savings v United States, 42 F3d 968 (5th Cir 1995); United States v. Peoples Household Furnishings, Inc, 75 F3d 252 (7th Cir 1996); DeSalle v Gibraltar Title Agency LLC, 621 NW2d 31 (Minn App 2000). Note: See Minn Stat §§ 508.48 and 508A.48 as to registered land. Private party means any person or entity other than the United States or an agency or instrumentality thereof. Foreclosure of a mortgage held by the United States or an agency or instrumentality thereof does not constitute an action for money damages under 28 USC § 2415(a) so the six year limitation period of that statute does not apply. Specific statutes which contain a limitation of actions or adopt the Minnesota limitation of actions include the following: 12 USC § 1787(b)(14) for mortgages held by the National Credit Union Administration Board as conservator or liquidating agent and 12 USC § 1821(d)(14) for mortgages held by the Federal Deposit Insurance Corporation as conservator or receiver. There is, however, no limitation of action on mortgages granted, for example, to the SBA. A contract of insurance or guaranty whereby the United States or an agency or instrumentality thereof (collectively, the “United States”) indemnifies a private party against loss on a mortgage loan made by such private party is not a mortgage granted to the United States nor does it result in the acquisition of such loan by the United States until, pursuant to such contract, the title to the mortgage is assigned by the private party to the United States. Amended June 20, 1958; June 14, 1991; June 25, 1993; June 23, 1995; June 21, 1996; June 22, 2001; June 23, 2006; November 13, 2010

Standard 25

Notary & Acknowledgments

REMOTE ONLINE NOTARIZATION AUTHORIZATION Effective January 1, 2019, the Minnesota Legislature enacted remote online notarization pursuant to Minnesota Statutes 358 and 359, allowing a notary public who is physically located in this state to perform a remote online notarial act as defined in Minnesota Statutes 358.645.

Remote Online Notarization Authorization Registration To apply for Remote Online Notarization Authorization, applicants must be currently registered as an active Minnesota Notary, must have filed the notary public commission in the county where they live, must be in possession of proof of filing (receipt or copy) and be able to produce that proof upon request. If you have not filed with your resident county, you will need to comply with Minnesota Statutes section 359.061, Subd. 1 and 357.021, Subd. 2 (12) before applying for remote online notarization authorization.

A remote online notary public must be physically located in this state to perform a remote online notarial act pursuant to Minnesota Statutes 358.645, Subd. 3 (a).

Before a notary performs a remote online notarization, the notary public must register with the Secretary of State according to Minnesota Statutes 359.01, Subd. 5 and must certify that the notary intends to use communication technology that conforms to Minnesota Statutes 358.645, Subd. 2.

Probate & Estates

WILL ADMITTED BUT NO DECREE OR CONVEYANCE — PASSAGE OF TITLE

Where a title depends upon a devise, the record of a certified copy of the will and of an order of a Minnesota court or registrar’s statement admitting the will to probate is not alone sufficient as a link in the chain of title, even though the time for filing claims against the estate has expired. A recorded certified copy of a decree of distribution or descent made by a Minnesota probate court pursuant to the will, or a personal representative’s deed of distribution to the devisees pursuant to the will with appropriate supporting documentation is necessary to complete the chain of record title; except that in those cases where the will was admitted to probate prior to the year 1900 no copy of a decree of distribution is necessary. Amended June 29, 1984

Standard 23

Restrictions And Reverters

RE-ENTRY AND REVERTER — WHO MAY RELEASE

A release shall be required of the possibilities of reverter and of rights of re-entry for breach of a condition subsequent created prior to April 26, 1937, duly executed by the party who reserved the same or by his heirs; since that date by the party who reserved the same or his assigns, or by his heirs if he died intestate, or if he died testate, by the party to whom the same were devised, or, in the absence of a specific devise, by his residuary legatee. A surviving joint tenant can release a possibility of reverter after a determinable fee, a right of entry for breach of condition subsequent, a reversion and a remainder. Authority: Minn Stat § 500.l6; Consolidated School District No 102 of Washington County v Walter, 243 Minn 159, 66 NW2d 881 (1954). Note: This standard relates only to the effect of Minn Stat § 500.l6. Possibilities of reverter and rights of re-entry for breach of conditions subsequent may be barred by other laws including Minn Stat §§ 541.023 and 500.20. See Title Standard Nos 61 and 91A.

Standard #18

Spousal Interests

Joinder Requirements

507.02 CONVEYANCES BY SPOUSES; POWERS OF ATTORNEY. If the owner is married, no conveyance of the homestead, except a mortgage for purchase money under section 507.03, a conveyance between spouses pursuant to section 500.19, subdivision 4, or a severance of a joint tenancy pursuant to section 500.19, subdivision 5, shall be valid without the signatures of both spouses. A spouse's signature may be made by the spouse's duly appointed attorney-in-fact. Spouses who are married to each other may convey the real estate of either by their joint deed. A spouse, by separate deed, may convey any real estate owned by that spouse, except the homestead, subject to the rights of the other spouse therein; and either spouse may, by separate conveyance, relinquish all rights in the real estate so conveyed by the other spouse. Subject to the foregoing provisions, either spouse may separately appoint an attorney-in-fact to sell or convey any real estate owned by that spouse, or join in any conveyance made by or for the other spouse. Use of a power of attorney is subject to section 518.58, subdivision 1a. A minor spouse has legal capacity to join in a conveyance of real estate owned by the other spouse, so long as the minor spouse is not incapacitated because of some reason other than that spouse's minor age.

Non-Joinder of Spouse

After a conveyance has been of record for 15 years, failure of a spouse to join therein shall not be an objection, unless an action in regard thereto is commenced and notice of the same is filed during the 15 year period. Authority: Minn Stat § 519.101

Streets

Streets Exception - Metes & Bounds

We must take exception to it on all metes and bounds because the streets may have either shifted over time or more land is being used for it than how large the road legally is. The only way to remove it would be to require a staked survey that accurately depicts the road and research the roads chain to see if it can be removed.

Abandonment & Vacation

add an exception for the vacated street/alley even though they had an exception for the Notice vacating them. Sometimes, the vacation ordinance will grant an easement to public utilities, sometimes not. It’s always a good idea to add:

Rights, if any, of public utilities installed in vacated ________________ Street and the vacated, unnamed alley prior to the vacation thereof together with the right to enter onto the Land for the purposes of maintaining, repairing and replacing said utilities.

In some states, adjoining landowners may have a statutory easement for ingress/egress if the vacation would land lock them though it’s rare that you’ll have that situation.

Tenancies

Joint Tenancy

CREATION OF A JOINT TENANCY

In the case of a form deed made to two or more natural persons, a statement that they are joint tenants is sufficient to create a joint tenancy even though inconsistent with words such as “their heirs and assigns” or similar phrases. Authority: Minn Stat § 500.19; Case v Owen, 139 Ind 22, 38 NE 395 (1894); Murray v Kator, 221 Mich 101, 190 NW 667 (1922). Amended June 20, 1958; June 22, 1979

Standard #20

SEVERANCE OF A JOINT TENANCY

Liens

A lien against one joint tenant does not sever the joint tenancy. Authority: Application of Gau, 230 Minn 235, 41 NW2d 444 (1950); Romanchuk v Plotkin, 215 Minn 156, 9 NW2d 421, 425 (1943); Musa v Segelke & Kohlhaus Co, 224 Wis 432, 272 NW 657, 111 ALR 168 (1937); Annotation, Judgment Lien or Levy of Execution on One Joint Tenant’s Share or Interest as Severing Joint Tenancy, 51 ALR 4th 906 (1987); Annotation, Lien of Judgment, or Levy of Execution, Upon Share or Interest of One Joint Tenant as Severance of the Joint Tenancy, 161 ALR 1139 (1946).

Standard 21

Dissolution Decree

A decree of dissolution of a marriage in which there is a final determination of the rights of the parties in property held in joint tenancy, severs the joint tenancy between the parties unless the decree declares that the parties shall continue to hold the property as joint tenants. Authority: Minn Stat § 500.19, subd 5; Snyder v Snyder, 298 Minn 43, 212 NW2d 869 (1973). Amended June 16, 1989; June 29, 1990; June 14, 1991

Standard 21