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Ramsey County Examiner of Titles: Tax titles result from involuntary seizures from the former owner because of failure to pay property taxes. Attorneys and title insurance companies are concerned that the former owner could sue to have title restored by alleging some defect in the tax assessment, collection, and forfeiture procedures. This makes the title unmarketable. You will be required to make it marketable before you can mortgage it or sell it. (Another major problem: the purchaser of a tax title does not get the abstract.)
Tax titles may be made marketable in several ways:
- Obtain a quitclaim deed (and the abstract of title) from the former record owner. CAUTION: Any federal and state tax liens, judgments, or mortgages against the record owner will remain liens against the property.
- Wait for 10 years from the date the Auditor's Certificate of Forfeiture was recorded. Title Standard No. 45, Real Property Section, Minnesota State Bar Association. Torrens property would require a Directive of Examiner.
- Take legal action to clear the title:
- For Torrens property, commence a Proceeding Subsequent to Initial Registration (see Guide on Examiner of Titles website).
- For Abstract property, commence an Action to Quiet Title (see Minnesota Statutes, section 284.11) or commence a proceeding for Initial Registration of Title (see Guide on Examiner of Titles website).
Expect to pay substantial amounts to clear title including:
- Abstracting Fees
- Court Fees
- Recording Fees
- Publishing Fees
- Attorneys Fees
Title to real estate is a complex subject and the information given above is only a bare outline. You are advised to consult an attorney for advice specific to a particular parcel of land and your plans for it.
The Ramsey County Examiner of Titles office can be reached by calling (651) 266-2886.
