The Examiner of Titles is an attorney appointed by the Judges of the District Court to act to perform the judicial, administrative and legal adviser duties, pursuant to
Minnesota Statute 508, specified in the Minnesota Land Registration Act, also known as the Torrens Act. The Examiner of Titles serves in a part-time capacity in Dakota County.
The Examiner of Titles assists the district court by examining titles and petitions, issuing reports and conducting hearings in court cases involving the registration of land titles and in court cases involving problems or disputes with land which has been previously registered.
Contact information
Stacy Lofgren
Examiner of Titles
1590 Highway 55
Hastings, MN 55033
651-437-8933
Turnaround time
Please allow for a turnaround time of two business days for your packet to be reviewed for all document approvals. The time starts the business day after your documents are received at Property Taxation & Records.
Directive processing times vary and depend on the amount of research needed. There is not a turnaround time for directive requests.
Fees
- Examiner of Titles and Deputy Examiner hourly rate: $250
- Examiner's Certificate and approvals: $170 minimum fee
- Proceeding Subsequent (not contested): $800 minimum fee
- Directive in lieu of a Proceeding Subsequent: $500 minimum fee
- Directive to remove a memorial from a Certificate of Title or correct an error in the owner name: $200 minimum fee
Documents requiring Examiner of Titles approval
The Examiner of Titles reviews and approves documents for recording, not the real estate closing. The Examiner does not review unexecuted or draft documents.- Trusts
- Probate proceedings
- Conservator, guardian, custodian deeds or court order conveying real property for a protected person
- Divorce decrees/Summary Real Estate Disposition Judgments
- Power of Attorney and Affidavit of Attorney in Fact
- Religious entities
- Bankruptcy documents
- Affidavit of Survivorship for Transfer on Death Deeds
- Documents related to Common Interest Communities (CIC) Condominiums
General requirements
- All documents submitted must be originals or certified copies.
- Certified copies should not be taken apart.
- Proofread all documents and check that the acknowledgement/verification is complete and in the correct form.
- All documents must be complete and ready to be filed (signed, dated, and notarized)
Common documents
The forms below for registered land are used for documents that require Examiner approval.
The below links contain commonly used real estate forms. Dakota County does not provide assistance in the completion of legal forms, nor does the county assume any liability for persons who attempt to complete legal documentation on their own.
Attorney-in-fact for Individual Deeds (Power of Attorney)
Any transfers or conveyances with a Power of Attorney will need approval. Corporate trustees do not require the affidavit of attorney in fact, but they still need Examiner approval prior to recording.
General requirements
- All documents submitted must be originals or certified copies.
- Certified copies should not be taken apart.
- Proofread all documents and check that the acknowledgement/verification is complete and in the correct form.
Avoid common errors
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:
Claim of Unregistered Interest
Claim made by a person with any interest in registered land arising or created after the date of original registration, which does not appear of the certificate of title.
General requirements
- All documents submitted must be originals or certified copies.
- Certified copies should not be taken apart.
- Proofread all documents and check that the acknowledgement/verification is complete and in the correct form.
Avoid common errors
Per
Minnesota Statute 508.70, see
UCB Form 40.7.1 - PDF)
Affidavit of Identity and Survivorship for Transfer on Death Deeds
To complete the transfer of property rights from a Transfer on Death Deed after the grantor owner's death, the beneficiary must file an Affidavit of Identity and Survivorship on Death Deed in the county where the land is located. The affidavit must contain details about the deceased grantor owner, all beneficiaries, surviving or deceased, a legal description of the real estate, recording information from the Transfer of Death Deed, and the address of the individual or entity who should receive future tax statements.
In addition to the affidavit, include an official (certified) copy of the grantor owner's death certificate and a clearance certificate from the Minnesota Department of Human Services. See
Affidavit of Identity and Survivorship for Transfer on Death Deed.
Trustee's Deeds
A trustee's deed is a deed to be executed by a person serving as a trustee in their appointed capacity. Only individual and testamentary trust deeds need examiner's approval. Approval is not required for corporate (bank) trust deeds.
General requirements
- All documents submitted must be originals or certified copies.
- Certified copies should not be taken apart.
- Proofread all documents and check that the acknowledgement/verification is complete and in the correct form.
Avoid common errors
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 Jan. 1; deed is acknowledged Jan. 4; the affidavit must be signed Jan. 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 three 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 - PDF if the trustee is an individual, or
UCB Form 90.1.2 - PDF 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
90.1.1 - PDF for an inter vivos trust, or
UCB Form 90.1.4 - PDF for a testamentary trust (Minnesota Statute 501C.1014)
Initial Registration and Proceedings Subsequent
Registers Abstract real estate, converting the land out of the Abstract system into the Torrens system. To register title of land and bring it under the Torrens System, a District Court action must be brought in accordance with
Minnesota Statute Chapter 508.
The process for an initial registration is complex real estate law, and we recommend you hire an experienced attorney to assist you.
As the petitioner in a proceedings subsequent, it is your responsibility to provide a copy of your filed petition to our office.
Request an Examiner's Directive