Real Estate
Rinke Noonan's real estate attorneys assist clients with matters ranging from the purchase or sale of homes, to complex multi-million dollar residential and commercial developments
We regularly draft all types of real estate documents, including:
- Deeds and Contracts for Deed
- Easements
- Purchase agreements
- Mortgages
- Affidavits to clear title
- Declarations and covenants to restrict land use
- Leases
- Escrow Agreements
- Condominium and Planned Community Documentation
Our real estate attorneys represent clients in real estate litigation involving such problems as:
In recent years, our attorneys have been called upon to assist clients in understanding and complying with new environmental laws and concerns in real estate transactions. Rinke Noonan's real estate attorneys are also known statewide as experts in construction and mechanic's lien law.
Developing and financing any real estate transaction can be complicated. Our attorneys are trained to cut through the maze of problems to achieve your objectives. We work to simplify transactions and complete them correctly and efficiently.
Commercial & Real Estate Development
We provide comprehensive advice in the area of commercial real estate development, including the preparation, negotiation, and review of complex real estate documents. Our clients benefit from our experience and insight into every aspect of real estate finance and development. We regularly represent sellers and developers of unimproved land, owners of apartment and commercial rental properties, lending institutions, multi-million dollar borrowers, landlords, and renters in all areas of real estate development.
Torrens System
The following is intended to assist with the administration of the Torrens system in Sherburne County. Please contact David Meyers if you have any questions. For more information visit our Examiner of Titles section.
I. Examiner’s Approval and Certification Prior to Recording is Needed for all Title Transfers, Including Some Liens (generally not mortgages), Easements, Platting, etc., Which Involve any of the Following:
- Trust documents
- Probate documents (PR’s Deed or Decree)
- Guardian or Conservator’s Documents
- Religious Corporation Documents
- POA’s and Affidavit by Attorney-in-Fact
II. Examiner’s Directives
- To alter names, marital status, state of incorporation, etc.
- To transfer certificate to purchaser of tax title (if 10 years since filing of Auditor’s Certificate of Forfeiture, sale or State Assignment Certification)
- After vacation of street or alley - to add accruing portion to the certificate
- Condo documents - CIC’s type condos
- To drop old documents which have expired by their terms or are outlawed by statute
- After mortgage foreclosure by action
- Plat corrections (RLS)
- Where the Divorce Decree or Summary Real Estate
- Disposition Judgment is being used to transfer title
- After eminent domain proceedings
- To drop racial restrictions
- Transfers, Affidavits of Survivorship, etc., related to Minn. Stat. § 256B.15, or §§ 514.991 - 514.995 (Medical Assistance Liens)
- To drop easements or restrictions which may appear on the Certificate of Title, but do not affect the title shown on the Certificate.
III. Proceedings Subsequent (District Court Action)
- After cancellation of Contract for Deed
- After mortgage foreclosure by advertisement
- Tax title less than 10 years old
- To reform the certificate of title or documents (to remove or add anything not specified under directive statutes)
- To transfer title to buyer under Contract for Deed where contract is paid off, but no deed forthcoming
- To determine or adjust (only if RLS is not available) boundaries
- After Mechanic’s Lien or judgment foreclosures
- After a named corporation is dissolved and three years have passed or dissolution of any other entity shown as the registered owner
- Lost deed or other instrument where only a copy is available
- To determine adverse claims
- Any other change to the Certificate the Examiner doesn’t feel comfortable in directing without a Court Hearing.
IV. Items You May Wish to Discuss With the Examiner:
- Foreign notaries
- Blanket or not well-defined easements
- X by his/her mark
- Appointment of corporate agent to sign documents
- MERS
- Whether to continue Divorce Decree on new Certificate (if lien)
- Dropping old judgments, federal tax liens, Mechanic’s Liens
- Items expiring by their own terms (lease, options to purchase, etc.)
- Foreign decrees
- Alterations to documents
- Date only on acknowledgment
- Use of aka’s as grantors or grantees
- Affidavit of Merger, Easement and subsequent property acquired by the same owner
- Owner redemption from Mortgage or other Lien Foreclosure Sale
- Registrar’s correction document for clerical errors - only if it may adversely affect the interest of a party (See: 508.71(1a))
- Appeal to Examiner from Registrar’s rejection (See: 508.321)
- Notices of Adverse Claim
- Registered Land Surveys
- Lot or Parcel Splits
V. Forms
- A good source for forms and outlines is the website for the Hennepin County Examiner of Titles at:
www.co.hennepin.mn.us/courts/ExTitles
- A few forms, such as CPT/Possessory Title Applications, under Chapter 508A are available from the Sherburne County Register of Titles. Any form that complies with the requirements of Chapters 508 or 508A is acceptable.
- Forms for Application to Register Title, Petition in Proceedings Subsequent to Initial Registration, Interlocutory Orders, Decree of Registration and similar forms are available without charge by calling or emailing David J. Meyers.
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