Proceedings Subsequent to Initial Registration of Land

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There are several instances in which it is necessary to commence a court proceeding to cure a title defect in Torrens lands. Such a proceeding is called a "Proceeding Subsequent." For example:

  • To obtain a new certificate of title following a foreclosure of a mortgage by advertisement.
  • To obtain a new certificate of title pursuant to tax sale (if the Auditor’s Certificate has been recorded on the Certificate of Title less than 10 years).
  • To amend the land description on a certificate of title or document.
  • Other matters affecting a person’s registered interest for which notice must be given.

The steps in a Proceedings Subsequent are:

  1. Execute a petition, have it verified, and e-file with the District Court Civil Division. The Petition does not need to be approved by the Examiner of Titles before e-filing.
    Note: If the petition is to register boundaries, you must purchase a certified copy of the Petition from District Court Civil Division and file it with the Registrar of Titles and also with the County Recorder if adjoining property is abstract. Please provide an email address for the attorney of record on your Petition.
     
  2. The submitting party will receive notice of case filing through the e-filing envelope procedure.
    Note: Upon receipt of the Court File number, please mail a check in the amount of $300 with the Court File number written on the check to the Examiner of Titles Office.
     
  3. The Examiner of Titles will examine the matters alleged in the petition and issue his/her report. The report will include the Examiner's findings, name the necessary parties to be served notice and set forth what evidence will be required at the hearing, together with the proposed order. The Examiner's Report will be e-filed and e-served on the attorney of record.
     
  4. Upon receipt of the Report of Examiner, determine the current address of any parties named as respondents and contact the Examiner of Titles office for a hearing date. Prepare the Order to Show Cause (PDF) and email the Order to Show Cause to [email protected]. The Examiner of Titles will obtain the Judge’s signature and a filed copy will be returned by e-serve on the attorney to use for service. The matter will then be placed on the Torrens Calendar pursuant to the Order to Show Cause.
    Note: If the petition is to register boundary lines, a Petition and Order for Summons and Summons must be used as in initial proceedings. The attorney should call the Examiner of Titles office directly (651-266-2886) to place the case on the calendar after time to Answer the Summons has expired.
     
  5. The attorney of record will serve a conformed copy of the Order to Show Cause as follows:
    • On parties residing in the State of Minnesota, in the manner provided by law and Rule 4 of the Rules of Court Procedure for service of a Summons in a civil action at least 10 days prior to the hearing.
    • On parties who are not residents of the state, by mailing copies to them at their post office addresses by registered or certified mail, return receipt, at least 14 days prior to the hearing.
    • On parties who cannot be found, by publishing it once each week for two consecutive weeks in a legal newspaper and by mailing at least 10 days prior to the hearing copies to them at their last known addresses and at their addresses as stated in the certificate of title, if their addresses are so stated.
    • On government entities as set forth in the Report of Examiner.
       
  6. On or before the Wednesday preceding the scheduled Wednesday hearing date, e-file all proofs of service and the Proposed Order with District Court Civil Division.
     
  7. One week prior to the hearing please mail a check to the Examiner of Titles office for recording the certified copy of the Order after the hearing. Your check should be made payable to “Ramsey County”. Please write the court file number on each check.
     
  8. Hearings are held before the Examiner or Deputy Examiner of Titles at 2:00 p.m. on Wednesday afternoons in Room 170 of the Ramsey County Courthouse. The petitioner(s) must furnish evidence to those matters required by the Examiner's report. You may conduct your own bankruptcy search online (if required in the report) and your own search to determine whether a person has ever served in the military.
    • Your findings in these searches should be e-filed in affidavit form. In addition, where there is a variation between the names of the parties recommended as respondents by the Examiner and the names of parties subsequently named and served as respondents, the variation also must be explained and justified by evidence covered by separate findings of fact in the Order.
       
  9. The attorney for the petitioner in a routine Proceedings Subsequent may elect not to appear in person. In such cases, the evidence required in the Report of Examiner must be e-filed at least one week in advance by Affidavit along with Affidavits of Service with District Court Civil Division.
     
  10. Upon completion of the hearing, the Examiner will obtain the signature of a District Court Judge. The Examiner of Titles office will enter the Order in the court records. A copy of the e-filed Order will be e-served on the attorney of record and then deliver a certified copy of the Order to the Registrar of Titles for recording.

This is a short guide to a complicated process. We encourage you to call for help at any step in the proceeding.