Instructions
Minnesota has two systems for keeping track of land ownership: abstract and Torrens. Converting land out of the abstract system into the Torrens system is Initial Registration. The steps for an Initial Registration are listed below. This is complex real estate law; we recommend you hire an experienced attorney to assist you.
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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.
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NOTE: This procedure can only be used for titles that do not contain defects. If a title has defects it must be registered through a court proceeding by the courts with the power to cure those defects.
An owner of abstract land can convert the land to the Torrens system (registered) by an inexpensive administrative procedure. This process is less expensive and takes less time than a court proceeding.
Forms