Examiner of Titles

The documents listed under Instructions require examiner's approval before filing with the registrar of titles. There is no fee for examiner’s approval. Examiner approval can only be obtained when submitting documents to the Registrar of Titles for recording. The recording department will electronically route them to our office, we will approve them electronically and route them back to the recording department to complete the recording process. The examiner’s approval will appear on the cover sheet of the recorded document. Examiner approvals are completed within 24 hours of receiving them from the recording department.

Uniform conveyancing forms / Minnesota.gov (mn.gov)

Minnesota Title Standards

Instructions, checklists and 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, dated and notarized).
• Proof-read all documents and check that the acknowledgement/verification is complete and in the correct form.

Attorney-in-fact for individual deed (power of attorney) (PDF, 1MB)
Approval is only required if an individual granted the power of attorney. Approval is not required for corporate (bank) attorney-in-fact deeds.

To avoid common errors, before you submit your attorney-in-fact deed, power of attorney and affidavit of attorney-in-fact, check to make sure:

• The acknowledgement is in the representative capacity format “______ as attorney-in-fact for ______"). (Minnesota Statute 358.66 (a)(2).
• Paragraph 1 of the affidavit is filled in with the correct date of the power of attorney. (Minnesota Statutes, 523.17, Subdivision 1) (UCB Form 100.2.1)
• The affidavit is signed and verified the same day or after the deed is dated or acknowledged, whichever is later. Example: deed is dated January 1; deed is acknowledged January 4; the affidavit must be signed January 4 or later.
• If a successor attorney-in-fact is acting, you are submitting the appropriate affidavit to show the successor’s authority (Minnesota Statute 523.16) (UCB Form 100.2.2).

Claim of unregistered interest (PDF, 1MB)
Per Minnesota Statute 508.70, see UCB Form 40.7.1

Divorce decree (PDF, 1MB)
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 (PDF, 1MB)
Includes instructions for deed of sale, deed of distribution, decree of distribution, summary proceedings, decree of descent, conservator’s deed, protected arrangements, and tips for avoiding common errors.

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

• The deed is dated and acknowledged the same day or before the certification date of the letters.
• The deed is dated and acknowledged at least 30 days after 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).

Transfer on death deed (TODD) clearance (PDF, 1MB)
When all grantor owners are deceased, the registrar of titles will require examiner of titles approval before issuing a new certificate of title to the TODD grantees.

Trustee's deed / plat signed by trustee (PDF, 1MB)
Only individual and testamentary trust deeds need examiner’s approval. Approval is not required for corporate (bank) trust deeds.

Before you submit your trustee's deed, certificate of trust and affidavit of trustee, check to make sure:

• The affidavit is signed and verified the same day or after the deed is dated and executed, whichever is later. Example: deed is dated January 1; deed is acknowledged January 4; the affidavit must be signed January 4 or 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 trustee's deed you want to file. The 3 blanks are for the grantor, grantee, and date of the trustee's deed.
• You are using the current statutory forms for the certificate of trust, see UCB Form 90.1.1 if the trustee is an individual, or UCB Form 90.1.2 if the trustee is a business entity (Minnesota Statute 501C.1013).
• You are using the current statutory form for the affidavit of trustee, see UCB Form 90.1.3 for an inter vivos trust, or UCB Form 90.1.4 for a testamentary trust (Minnesota Statute 501C.1014, Subd.2).

An examiner’s directive is a written directive to the registrar of titles directing the registrar to do something to affect current title or to transfer title. This is a statutory authority for the examiner of titles to administratively affect or transfer title. The examiner's directive is recordable without an acknowledgment.

Before requesting a directive

Your certificate of title may show liens or interests that are no longer valid.

Before requesting a directive, review each of these items:

Clerical errors

• If the certificate of title has a clerical error, contact the registrar of titles to request that they fix it.
• The registrar maintains the certificates of title, email recordinginfo@hennepin.us.

Liens, interests, and requirements

• Learn whether the registrar of titles will drop liens or interests or will require an examiner’s directive.
• Review the list of document types and applicable authority (PDF, 1MB).

Exchange certificate

• You may also request an exchange certificate.
• The registrar of titles will issue a new certificate of title.
• The certificate will be free from the memorials of all interests which have terminated (Minnesota Statute 508.421).

To request an exchange certificate, contact the registrar of titles at recordinginfo@hennepin.us. A recording fee applies.         

An exchange certificate will cancel the current certificate of title and reissue the certificate of titles to:

• Drop satisfied memorials
• Combine legal descriptions from two or more certificates (if requested)
• Separate legal descriptions (if requested)
• Convert from unplatted to platted descriptions
• Reflect a recorded document which caused a change in fee owner name
• Reflect a recorded certificate of trust document that adds or removes a trustee

Requesting a directive

A recording fee applies but there is no fee for an examiner’s directive. See details about a recording fee.

For deletion directives

Submit a deletion request

For non-deletion directives

Send an email to ex.titles@hennepin.us with each of the following:

• Submitter’s name, company, phone number and email address
• Request made on behalf of (registered owner or other party in interest)
• Certificate of title number
• Type of directive request
• Relevant document numbers
• The authority for the request
• Copies of any supporting documentation (e.g., affidavit)

Do not include copies of recorded documents or title commitments. 

Resources for common non-deletion directive types

• Cancellation of contract for deed (PDF, 1MB)
  Requesting a directive to remove the memorials of a contract for deed and notice of cancellation of contract for deed

• Correct name on certificate – person (DOCX, 1MB)
  Requesting correction to individual’s name on certificate of title (Minnesota Statute 508.71, Subdivision 3)

• Correct marital status on certificate (DOCX, 1MB)
  Requesting a correction on individual's marital status on certificate of title (Minnesota Statute 508.71, Subdivision 3)

• Correct name on certificate – entity (DOCX, 1MB)
  Requesting correction to entity name, type of entity, or state of organization on certificate of title (Minnesota Statute 508.71, Subdivision 3)

• Condominium declaration or amended/supplemental declaration (PDF, 1MB)
  Requesting examiner approval to record declaration (Minnesota Statute 508.351) 

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

• Street/alley vacation (PDF, 1MB)
  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, 1MB)
  Requesting new certificate of title when auditor's certificate has been of record 10 years of more (Minnesota Statute 508.67, Subdivision 2)

Process for reviewing your request

An examiner will review the directive request. Then they will email you either a directive recording form with more instructions, or an explanation why they can’t issue the directive.

Record examiner’s directive request

If your request is approved, follow the recording instructions from the examiner. The examiner’s directive will appear on the registrar of titles recording coversheet. This completes the directive process.

Recording information

Real estate recording information

Relevant statutes

Minnesota Statute Chapters 508 and Minnesota Statute Chapters 508A

Registration transfers the land from the recording act system (abstract title) to the registration system (torrens title.) Torrens title provides certainty of ownership and protection against loss of property by adverse possession. With registered land, a certificate of title is maintained by the county, showing the current owners and interests in the land.

Land in Hennepin County can become registered by court order (initial registration) or by examiner’s directive (certificate of possessory title “CPT”). In either process the owner submits an application setting out all interests in the land, and provides evidence of the chain of title (usually an abstract). The examiner of titles investigates and issues a report.

Defendants are served and a court hearing is held in an initial registration. The registration resolves title defects and bars all interests not shown on the resulting certificate of title, with limited exceptions.

In the CPT process, there is no service or hearing. The examiner must find that the applicant is the record fee owner and in possession of the land, and that based on the record, the title is uncontested. The examiner directs issuance of a certificate of possessory title. To protect due process rights, the certificate of possessory title can be challenged in court for a five year period. After five years, the CPT is cancelled and a certificate of title is issued.

Initial registration forms and instructions

Initial registration under Minnesota Statutes Chapter 508 is suitable for any property and includes the option of having judicial landmarks placed to determine the location of boundary lines. To register a boundary, a survey is required.

Once land is registered, it is important to record documents on the certificate of title, not in the abstract records.

Instructions for initial registration proceedings (PDF, 1MB)

• A detailed start-to-finish guide

Survey requirements for boundary registration (PDF, 1MB)

Instructions: after an interlocutory order (PDF, 1MB)

Instructions for contested registrations (PDF, 1MB)

• If someone files an answer claiming an adverse interest, the case is "contested."

Court rules for torrens proceedings (PDF, 1MB)

Standing order referring registration hearings to examiner (PDF, 1MB)

Forms for initial registration

• Individual application (RTF, 1MB)
• Joint tenant application (RTF, 1MB)
• Business application (RTF, 1MB)
• Appointment of agent for non-resident applicant (PDF, 1MB)
• Petition and order for summons (RTF, 1MB)
• Land title summons (RTF, 1MB)
• Affidavit in support of summons (RTF, 1MB)
• Notice to mail summons (RTF, 1MB)
• Affidavit of default (RTF, 1MB)
• Interlocutory order (RTF, 1MB) (For boundary registration)
• Order and decree of registration (RTF, 1MB)
• Applicant affidavit (DOCX, 1MB)

Certificate of Possessory Title (CPT)

A CPT registration under Minnesota Statutes Chapter 508A is appropriate for uncontested titles where the applicant is the record owner. Boundary registration is not an option. After a CPT is issued, boundaries may be registered in a proceeding subsequent.

Registering possessory title (PDF, 1MB)

• A detailed start-to-finish guide

Forms for Certificate of Possessory Title

• Individual application for CPT (RTF, 1MB)
• Joint tenant application for CPT (RTF, 1MB)
• Business application for CPT (RTF, 1MB)
• Certificate of mailing (RTF, 1MB)
• CPT affidavit (DOC, 1MB)

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: after an interlocutory order (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 (Minnesota Statutes Chapter 508 or 508A). Before land is registered, it’s known as abstract. Once registered, it's known as torrens. Registered land comes with a certificate of title, which includes the owner’s name and address, legal description of the land, and description of all encumbrances, liens, and interests the owner’s estate is subject to. About half the land in Hennepin County is registered.

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. Examiners act as fact finders for the district court, and recommend orders to be entered by the court.

Examiner newsletters

• New torrens legislation (May 5, 2017)
• Updated instructions and forms (December 1, 2016)
• 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)