Title Insurance

What exactly are Examiner's Directives in Title Insurance?

In Minnesota, there are two recording systems – the traditional abstract recording system, and the Torrens system. In the Torrens property recording system, there is a county official called an Examiner of Titles who is an attorney appointed by the judges from the district court in that particular county.

If the property is Torrens, the property has a Certificate of Title that contains the name of the owner, the legal description and a list of the encumbrances, liens and other interests that affect the property. These encumbrances, liens and other interests are usually reflected as recitals or memorials on the Certificate of Title. Some of the recitals or memorials around the Certificate may have expired, may no longer affect the property or may contain a mistake. One possible method to possess the recitals or memorials corrected or removed in the Certificate is to obtain an Examiner’s Directive.

Examiner’s Directives Explained

An Examiner's Directive is a document that necessitates the Registrar of Titles to perform some act such as making a correction around the Certificate of Title. Examiner's Directives are usually covered by statute for example issuing a new Certificate of Title for example correcting the name from the owner from the property or deleting interests that have terminated by their very own terms. Usually, it's the party in title or their attorney that will need to request an Examiner's Directive rather than a title company.

More complicated matters affecting the Certificate of Title are usually handled with a district court action called a Proceedings Subsequent to Initial Registration. A handful of examples would be obtaining a new Certificate of Title following a mortgage foreclosure by advertisement or getting the property's boundaries judicially determined.

Items for which an Examiner’s Directive will be expected can differ from county to county based on the statutory interpretation of the Examiner of Titles for that particular county.

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