Proceedings Subsequent (to Initial Registration)

Nov 30, 2020 | All Law, Real Estate | 0 comments

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On some occasions it becomes necessary for the Court to correct a Certificate of Title after it has issued. The most common correction required today results from situations in which title has been transferred as a result of a mortgage foreclosure sale. In ordinary circumstances, the Registrar accepts deeds and most other instruments of voluntary conveyance without Court Order or Examiner Directive to convey title. However, in the case of involuntary conveyances, such as mortgage foreclosures or contract for deed cancellations, the Court must review the foreclosure and other process to confirm that it was done properly. This requires a Court proceeding – called a “proceeding sub-sequent”, with an Order to the Registrar.

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Proceedings subsequent are also be used in limited circumstances to correct legal descriptions or determine the boundaries of a Torrens parcel. Proceedings subsequent to initial registration in Minnesota involve the commencement of a district court action and the resulting issuance of a court order directing some alteration to a Certificate of Title. Minnesota Statutes §§ 508.71, Subd. 2 and 508A.71, Subd. 2, provide the following list of reasons a registered owner or other person in interest can apply by petition to the court to commence a proceeding subsequent:

  • Registered interests of any description (whether vested, contingent, expectant, or inchoate) have terminated and ceased; 
  • New interests not reflected in the certificate of title exist; 
  • An error or omission was made in entering a certificate of title or a memorial; 
  • The name of any person on the certificate of title has been changed; 
  • The registered owner has married (or a marriage has been terminated); 
  • A corporate owner that has been dissolved has not conveyed the land within 3 years after its dissolution; or 
  • Any reasonable ground that any other alteration or adjudication should be made.   
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There are also some situations in which a proceeding subsequent is statutorily required, including the following:

  • To obtain a new certificate of title following a mortgage foreclosure by advertisement (Minn. Stat. §§ 508.58, Subd. 1 and 508A.58, Subd. 1); 
  • To obtain a new certificate of title following foreclosure of a lien. Minn. Stat. §§ 508.58, Subd. 1, 508A.58, Subd. 1, 508.67, Subd. 1 and 508A.67, Subd. 1; 
  • To obtain a new certificate of title following a forfeiture evidence by a county auditor’s certificate of forfeiture or auditor’s certificate of sale or state assignment certificate that has been memorialized upon a certificate of title for less than 10 years. Minn. Stat. § 508.67, Subd. 2;
  • To have some or all of the land’s boundary lines judicially determined. Minn. Stat. § 508.67, Subd. 1;
  • To determine an adverse claim or claim of unregistered interest. Minn. Stat. §§ 508.70, Subd. 2 and 508.70A, Subd. 2; 
  • To reform a certificate of title or documents memorialized thereon;
  • To transfer title under a contract for deed where a satisfying deed has been lost or cannot be obtained;
  • To delete the memorial of a contract for deed and the cancellation documents before 5 years have passed;
  • To obtain a new certificate of title pursuant to a repurchase following a tax-forfeiture if the repurchase deed runs in favor of less than all record owner at the time of the tax forfeiture;
  • Any other change the Examiner does not feel comfortable in directing without a court hearing and notice to affected parties. 

 

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