IN PROCEEDINGS SUBSEQUENT TO INITIAL REGISTRATION

STATE OF MINNESOTA
COUNTY OF HENNEPIN  

In the matter of the Petition of 

For a new certificate of title after foreclosure of an association assessment lien	DISTRICT COURT
FOURTH JUDICIAL DISTRICT
Case type: Other Civil – Torrens

PETITION
under Minn. Stat. § 508.71

TO THE HONORABLE JUDGES OF THE DISTRICT COURT OF HENNEPIN COUNTY:

Comes now the Petitioner and shows to the Court as follows:

1.	That on (date) the Registrar of Titles entered Certificate of Title No. (no.) to (registered fee owner(s)) for land described on the attached Exhibit A. [Attach a copy of the Certificate of Title as Exhibit A.]

2.	That there are registered on the Certificate of Title [recitals and] memorials as shown on the attached Exhibit A.

3.	That the proceedings evidenced by Sheriff’s Certificate of Sale Document No. (no.) were instituted within three years after the last installment of the assessment lien became payable.

4.	That the provisions of the Declaration, filed as Document No. (no.) [and the Bylaws, filed as Document No. (no.), if filed] have been complied with.

5.	That the land described in the lien is not “agricultural property” as defined in Minn. Stat. § 583.22, Subd. 2 which would be subject to the provisions of the farmer-lender mediation act.

6.	That more than six months have elapsed since the date of said Sheriff’s Sale, that there has been no redemption therefrom and that the statutory period for the time of redemption established by Minn. Stat. § 515B.3-116 has expired.

7.	That no bankruptcy proceedings have been instituted by or against (registered fee owner(s)) through the period of redemption from the lien foreclosure proceedings [, except Bankruptcy Case No. (no.) in which the Bankruptcy Court entered an Order, dated (date), lifting the automatic stay imposed by 11 USC § 362(a) to permit the foreclosure of the lien] OR [, except Bankruptcy Case No. (no.) which was commenced during the period of redemption and the 60-day period provided by 11 USC § 108(b) has expired without a redemption or the securing of additional time for redemption]. NOTE: These are two common situations, and there are others, all addressed in the “Instructions on pleading bankruptcy allegations” found on the Hennepin County Examiner of Titles webpage.

8.	That (registered fee owner(s)) was/were not in the military service of the United States at the date of the lien foreclosure sale or for twelve months prior to it or for six months after it.

9.	That the premises are occupied as follows: (names of occupants and the nature of their interests).

10.	That the address of Petitioner is (address). That Petitioner is unmarried/married to ____. OR That Petitioner is a (state of formation) (entity type).

Wherefore Petitioner prays for an Order directing the Registrar of Titles to cancel Certificate of Title No. (no.) and to enter a new Certificate of Title in the name of the Petitioner for the land described therein, subject to the current recitals and the memorial(s) of Document No(s) (no.) [identify recitals and memorials not affected by the foreclosure and that should be carried forward to the new certificate of title].

Date:  ________________			Signed: __________________________________
				Attorney for Petitioner

Attorney’s Name: __________________________
Attorney Registration No.: ___________________
Address:	______________________________
______________________________
______________________________
Telephone: ________________________________
E-mail address: _____________________________

[VERIFICATION]
[By Individual]
STATE OF MINNESOTA)
			          ) ss
COUNTY OF HENNEPIN)

__________________________ deposes and states that s/he is (one of) the Petitioner(s) in the above-entitled proceeding, that s/he has read the foregoing Petition and the same is true of his/her own knowledge, except as to matters therein stated on information and belief and as to such matters s/he believes it to be true.

I declare under penalty of perjury that everything I have stated in this document is true and correct. Minn. Stat. § 358.116.

									__________________________________________
						Signature 

				__________________________________________
						Name (typed or printed)

__________________________________________
						Date signed
							__________________________________________
						County and State where signed

[By Officer of a Legal Entity]
STATE OF MINNESOTA)
			          ) ss
COUNTY OF HENNEPIN)

__________________________ deposes and states that s/he is the (President / other officer) of (name of entity), a (Minnesota / other) (corporation / other legal entity),the Petitioner in the above entitled proceeding, that s/he has read the foregoing Petition and the same is true of his/her own knowledge, except as to matters therein stated on information and belief and as to such matters s/he believes it to be true.

I declare under penalty of perjury that everything I have stated in this document is true and correct. Minn. Stat. § 358.116.

									__________________________________________
						Signature 

				__________________________________________
						Name (typed or printed)

__________________________________________
						Date signed
							__________________________________________
						County and State where signed

[By Partner]
STATE OF MINNESOTA)
			          ) ss
COUNTY OF HENNEPIN)

__________________________ deposes and states that s/he is the a partner of (name of partnership), a (Minnesota / other) partnership, the Petitioner in the above entitled proceeding, that s/he has read the foregoing Petition and the same is true of his/her own knowledge, except as to matters therein stated on information and belief and as to such matters s/he believes it to be true.

I declare under penalty of perjury that everything I have stated in this document is true and correct. Minn. Stat. § 358.116.

									__________________________________________
						Signature 

				__________________________________________
						Name (typed or printed)

__________________________________________
						Date signed
							__________________________________________
						County and State where signed

[By Attorney for Individual]
STATE OF MINNESOTA)
			          ) ss
COUNTY OF HENNEPIN)

__________________________ deposes and states that s/he is the attorney for the Petitioner in the above entitled proceeding, that the Petitioner is not within the County where the attorney resides, that s/he has read the foregoing Petition and the same is true of his/her own knowledge, except as to matters therein stated on information and belief and as to such matters s/he believes it to be true.

I declare under penalty of perjury that everything I have stated in this document is true and correct. Minn. Stat. § 358.116.

									__________________________________________
						Signature 

				__________________________________________
						Name (typed or printed)

__________________________________________
						Date signed
							__________________________________________
						County and State where signed

[By Attorney for Legal Entity]
STATE OF MINNESOTA)
			          ) ss
COUNTY OF HENNEPIN)

__________________________ deposes and states that s/he is the attorney for ________________, a (Minnesota / other) (type of legal entity), that none of its (officers / managers / partners) acquainted with the facts and capable of making an affidavit to verify the Petition are within the County where the attorney resides, that s/he has read the foregoing Petition and the same is true of his/her own knowledge, except as to matters therein stated on information and belief and as to such matters s/he believes it to be true.

I declare under penalty of perjury that everything I have stated in this document is true and correct. Minn. Stat. § 358.116.

									__________________________________________
						Signature 

				__________________________________________
						Name (typed or printed)

__________________________________________
						Date signed
							__________________________________________
						County and State where signed

Revised February 2023