MN Underwriting References

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).

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

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.

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.

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.

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.

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