INSTRUCTIONS FOR CONDUCTING 
PROCEEDINGS SUBSEQUENT TO INITIAL REGISTRATION
IN HENNEPIN COUNTY, MINNESOTA

TABLE OF CONTENTS

	Page	
SECTION 1.
          OVERVIEW                                         	
2
	
SECTION 2.
          THE PETITION	
2
	
SECTION 3.
          THE REPORT OF EXAMINER	
4
	
SECTION 4.
          THE ORDER TO SHOW CAUSE	
4
	
SECTION 5.
          SERVICE OF PROCESS	
5
	
SECTION 6.
          PROOF OF SERVICE	
9
	
SECTION 7.
          THE HEARING	
10
	
SECTION 8.
          OBJECTIONS	
12
	
SECTION 9.
          EXAMPLES	
12	

INSTRUCTIONS FOR CONDUCTING 
PROCEEDINGS SUBSEQUENT TO INITIAL REGISTRATION
IN HENNEPIN COUNTY, MINNESOTA
Examiner of Titles Office
A-701 Government Center
    300 South 6th Street, Minneapolis, MN 55487-0071
       612-348-3191 (press 1)
                                          Email: Ex.titles@hennepin.us

     Forms commonly used in Torrens proceedings under Minn. Stat. Chapters 508 and
     508A may be found at: www.hennepin.us (Search: Examiner of Titles)

SECTION 1.	OVERVIEW.

These are District Court proceedings and e-filing rules apply. Rule 14, Minn. Gen. R. Prac.
 
1.	The proceedings are initiated by the filing of a Petition.

2.	The Examiner of Titles issues a Report listing the persons who should be given notice of the proceeding.

3.	An Order to Show Cause is issued and served on the persons named in the Examiner’s Report.

4.	Proof of service and affidavits are filed.

5.	A Hearing is held, and for uncontested matters the Order is generally issued the same day.

6.	A certified copy of the Order is filed with the Registrar of Titles.

SECTION 2.	THE PETITION.

1.  Prepare the Petition
Forms of Petitions recommended for use in various types of Proceedings Subsequent may be found at: www.hennepin.us (Search: Examiner of Titles). The Petition should conform to the requirements of Rule 213, Minn. Gen. R. Prac.  
	
See #4 below for requirements for Petitions to register boundaries. See pages 7-8 for requirements when the United States has an interest. 

The Petition should be signed by the attorney, or by the Petitioner, if not represented by an attorney.   Rule 11.01, Minn. R. Civ. P.
The Petition should be verified by the Petitioner.  Rule 213, Minn. Gen. R. Prac.  However, the Petitioner’s attorney may verify the Petition if the verification contains the statement required by Minn. Stat. §544.15, clause (3) regarding absent party or officer.

2. File the Petition
Attorneys: 
E-file the Petition and pay the District Court civil case filing fee of $324.  For e-filing, select the Location “Hennepin Examiner of Titles”.  All attorneys must use e-filing. The attorney must also add him/herself to the service list. This allows the court administrator to send the Report of Examiner and other documents to Petitioner’s attorney by e-service.

Self-Represented Petitioner:
If Petitioner does not have a lawyer, the Petition and filing fees may be mailed or delivered to:
Examiner of Titles Office
A-701 Government Center
300 South 6th Street, Minneapolis, MN 55487-0071

Include a check payable to:  District Court Administrator for $324 for the filing fee.
Important Notice:  If you are representing yourself and your address changes, send your new address to the Examiner of Titles Office (referencing the court file number).  The court mails notices and orders to the address you provide.  

3.  Request filing of the Petition on the Certificate of Title 
This is optional, except with a boundary registration. (See #4 below).
Filing the Petition on affected certificates of title provides notice of the pendency of the proceeding to anyone acquiring an interest in the land. Minn. Stat. §508.71, Subd. 2.

If you want the Petition filed on a certificate of title, send a letter to the Examiner of Titles Office: 
a)  Requesting that a certified copy of the Petition be filed on Certificate(s) of Title Nos._______
b)  Including a check for $16 payable to the District Court Administrator 
c)  Including a check for $46 for the first Certificate of Title and $20 per each additional Certificate of Title payable to the Registrar of Titles.  Minn. Stat. §508.82. 

4.   Determining Boundaries	
If the Petition is brought to have boundary lines judicially determined pursuant to Minn. Stat. § 508.671, a survey must be filed, and the Petition must contain the full names and post office addresses of all owners of adjoining lands which are in any manner affected by the boundary determination. A certified copy of the Petition must be filed on each affected certificate of title and in addition, filed with the County Recorder if any adjoining land is abstract.

In addition to e-filing the Petition, submit to the Deputy Court Administrator in the Examiner of Titles office a written request that a certified copy of the Petition be filed with the County Recorder  and on any Certificates of Title for adjoining lands, along with (i) $16 payable to the District Court Administrator, (ii) $46 payable to the County Recorder (if any affected adjoining land is abstract) and (iii) $46 for the first affected Certificate of Title and $20 per each additional Certificate of Title payable to the Registrar of Titles. Minn. Stat. §§357.18 and 508.82.

The survey must be e-filed.  The survey should locate the boundary lines by reference to “well-known permanent landmarks.”  Minn. Stat. §559.25.  Typically, the landmarks will be section corners maintained by the Hennepin County Surveyor pursuant to Minn. Stat. §381.12.  In the City of Minneapolis, the landmarks may be “Minneapolis City Control Monuments.” The Petitioner’s surveyor may contact the Hennepin County Surveyor or the Examiner of Titles for guidance in the selection of appropriate landmarks.

The survey should contain the land description as stated in the Certificate of Title and a certification by a licensed surveyor similar to the following (based on the 2016 Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys):

To  (name of insured, if known), (name of lender, if known), (name of insurer, if known), (names of others as negotiated with the client):

This is to certify that this map or plat and the survey on which it is based were made in accordance with 2016 Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys, jointly established and adopted by ALTA and NSPS, and includes items 1 and 8 of Table A thereof.  The field work was completed on _____________.

Date of Plat or Map: _____________ (Surveyor’s signature, printed name and seal with Registration/License Number)

SECTION 3.	THE REPORT OF EXAMINER.

After the Petition is filed, the Examiner of Titles will conduct an examination and issue a Report of Examiner.  The Report will include the names of persons/entities to be given notice of the proceeding, and set out recommended evidence and findings to support an Order granting the relief requested in the Petition.  Rule 215, Minn. Gen. R. Prac. 

The Report is filed in the court file and e-served to the Petitioner’s attorney. If a  Petitioner is not represented by a lawyer and is not registered for e-filing, the Report will be mailed by the court to Petitioner.

SECTION 4.	ORDER TO SHOW CAUSE.

Notice of the proceeding is given by service of an Order to Show Cause (except where other notice is specified by statute or order).  Rule 215, Minn. Gen. R. Prac.  

1.    Prepare the Order to Show Cause  
Use the form Order to Show Cause at www.hennepin.us (Search: Examiner of Titles).

•	Insert the Certificate of Title number(s) and the legal description from the certificate of title(s) in the caption.
•	Insert the hearing date, allowing sufficient time for service (see Section 5.)  Hearings are held on Thursdays, at 11:00 am.
•	After the word “TO:” list the name of each person and entity recommended in the Report of Examiner to be given notice. 
-If the Report of Examiner requires that notice be given to “occupants”, determine the occupants and state their names in the Order to Show Cause. If you are concerned there may be additional unidentified adult occupants, you may include “Any other occupants of ____________”.  If an additional occupant is served, the affidavit of service should state the person’s name and that he/she is an occupant of ______________.
-If a business entity has changed its name due to merger, amendment to governing documents, or otherwise, determine the current name and list it instead of the name stated in the Report of Examiner. If an individual has changed his/her name, list the current legal name in the Order to Show Cause.
-If a person recommended in the Report of Examiner to be given notice is deceased and the person’s heirs have been determined by a Probate Court, list the names of the heirs in lieu of the deceased person.  However, if there has not been a court determination of heirs, then list the names of the known heirs which you have ascertained and, in addition, insert in the list of names “the unknown heirs of ______, deceased.”

2.	Send the Order to Show Cause to the Examiner of Titles office for approval.
Email the Order to Show Cause to ex.titles@hennepin.us   After the Order to Show Cause has been approved by the Examiner of Titles, the Court Administrator will obtain a judge’s signature on the Order to Show Cause, file it, and deliver a copy of the Order to Show Cause to the Petitioner’s attorney through the eFile and Serve system. If Petitioner does not have an attorney, the Order to Show Cause will be mailed to Petitioner. 

SECTION 5.	SERVICE OF PROCESS.

Serve a copy of the signed and filed Order to Show Cause on each person/entity named in the Order to Show Cause. See SECTION 10 for tips on locating parties for service. The Petition itself is not served (except in the case of service on the United States).  

Service must be made as specified in the Order to Show Cause. Common service situations are addressed below. If you are uncertain how to serve a party, you may consult the Examiner of Titles office before serving the Order to Show Cause. In unusual situations, it may be necessary to revise the Order to Show Cause to provide a different method of service.

1.  Service on Resident Individuals.  Serve the Order to Show Cause on individuals who can be found in Minnesota via personal service in accordance with Rule 4.03(a), Minn. R. Civ. P., at least 10 days prior to the hearing date stated on the Order to Show Cause.  Example: If the hearing date is the 15th, personal service must be no later than the 5th.

2.  Service on Nonresident Individuals.  If the current address of a nonresident individual is known, serve the individual by registered or certified mail, return receipt requested, at least 14 days prior to the hearing date. If evidence of delivery is not returned, start over with a different address or with a different method of service.

3.  Service on Individuals who cannot be found.  Serve an individual who cannot be found (resident or non-resident) by (a) publishing the Order to Show Cause once a week for 2 consecutive weeks in a legal newspaper where the property is located, and (b) mailing a copy of the Order to Show Cause by first class mail to the address for the individual stated on the Certificate of Title, if an address is stated, and (c) by mailing another copy of the Order to Show Cause by first class mail to the individual’s last known address. The first date of publication and the date(s) of mailing must be at least 14 days before the hearing. 
Each envelope should be addressed to only one individual.  Do not address one envelope to more than one person. 

4.  Service on Legal Entities

Minnesota Corporation:  The Order to Show Cause provides for “service at least 10 days before the hearing upon parties residing in this State in the manner provided by law for the service of Summons in a civil action.” Service in a civil action is governed by Rule 4.03 (c) Minn. R. Civ. P., and Minn. Stat. §§302A.901 and 5.25.
   Serve an active Minnesota corporation at least 10 days prior to the hearing by personal service upon the registered agent at the address listed on the Minnesota Secretary of State’s website, or upon an officer found in Minnesota. Service on the following officers will be accepted:  CEO, CFO, President, Vice President, Assistant Vice President, Secretary, and Treasurer, unless there is evidence of lack of authority. For service upon any other officer or “agent” (other than the registered agent), proof of delegation of authority to accept service generally will be required.
Minn. Stat. §5.25 Subd. 1 permits service on a corporation by serving the Minnesota Secretary of State if no registered agent or officer can be found at the address on file with the Secretary of State (“SOS”). Before serving the “SOS”, check the status of the corporation on the “SOS” website.  For “inactive” corporations, order a complete business record from the Minnesota Secretary of State to see if the corporation merged into another entity.  If the name listed in the Report of Examiner is not current or is merely an “assumed name”, substitute the current legal name in the Order to Show Cause and include a finding in the proposed order addressing the change.  Then search for a registered agent or officer of the current entity to complete personal service within the state. If no registered agent or officer is found at any address on file with the Secretary of State, serve the Secretary of State under Minn. Stat. §5.25, Subd. 1.  When serving an entity under Minn. Stat. §5.25 Subd. 1 the hearing date must be at least 30 days after mailing by the Secretary of State.
If the business entity is dissolved, withdrawn, or revoked, serve the entity per Minn. Stat. §5.25, Subd. 5. 

Chapter 303 Foreign Corporation authorized to transact business in Minnesota. Personally serve (a) the registered agent listed on the MN Secretary of State’s website, in accordance with Minn. Stat. § 5.25, or (b) an officer or agent found in Minnesota, in accordance with Rule 4.03(c).  If an officer or agent cannot be found in Minnesota for service, (a) serve the MN Secretary of State per Minn. Stat. §5.25, Subd. 4, or (b) mail a copy of the Order to Show Cause to the foreign entity’s post office address, by registered or certified mail, return receipt requested, in accordance with paragraph (b) on the Order to Show Cause. If evidence of delivery is not returned, service by another method is required. Mail to the entity’s main office; do not mail to the address of a registered agent, per a foreign state’s Secretary of State website.
Serve a dissolved, withdrawn, or revoked foreign corporation or business entity in accordance with Minn. Stat. § 5.25, Subd. 4 and 5. 
If service is made on the Minnesota Secretary of State under Minn. Stat. §5.25, the hearing date must be at least 30 days after mailing by the Secretary of State.

Foreign Corporation never authorized to transact business in Minnesota. Personally serve an officer or agent found in Minnesota, in accordance with Rule 4.03(c), Minn. R. Civ. P.  If an officer or agent cannot be found in Minnesota for service, mail a copy of the Order to Show Cause to the foreign entity’s post office address, by registered or certified mail, return receipt requested, in accordance with paragraph (b) on the Order to Show Cause. If evidence of delivery is not returned, service by another method is required.
If a current address for the corporation cannot be found, or the corporation is dissolved (and did not merge into a successor corporation), review Minn. Stat. §5.25 Subd. 4 (a) and (b) and Chapter 303.  If service on the Minnesota Secretary of State is not permitted, serve in accordance with paragraph (c) of the Order to Show Cause by two weeks published notice and first class mail at least 14 days before the hearing to the last known address and to the address on the certificate of title, if any. Other methods of service may be possible, but would require changes to the Order to Show Cause. Contact the Examiner if you want another method of service to be ordered. 

Partnerships or Limited Liability Partnerships.  Serve Minnesota partnerships by serving a partner in accordance with Rule 4.03(b), Minn. R. Civ. P. at least 10 days prior to the hearing date on the Order to Show Cause.

Limited Partnerships or Limited Liability Limited Partnerships.  Serve a limited partnership or limited liability limited partnership (a) by serving a general partner in accordance with Rule 4.03(b), Minn. R. Civ. P. or the partnership’s registered agent for service of process per the Minnesota Secretary of State website at least 10 days prior to the hearing date on the Order to Show Cause, or (b) by serving in accordance with Minn. Stat. §5.25.  Minn. Stat. §323A.1001 (a) (3).
If service is made on the Minnesota Secretary of State under Minn. Stat. §5.25, the hearing date must be at least 30 days after mailing by the Secretary of State.

Limited Liability Companies.  Serve a limited liability company either (a) by serving a Manager (officer) or the registered agent at least 10 days prior to the hearing date on the Order to Show Cause, or (b) in accordance with Minn. Stat. § 5.25.  Minn. Stat. §322B.876 and 322B.67.
If service is made on the Secretary of State under Minn. Stat. §5.25, the hearing date must be at least 30 days after mailing by the Secretary of State.

State of Minnesota.  Serve the State of Minnesota by serving the attorney general, a deputy attorney general, or an assistant attorney general in accordance with Rule 4.03(d), Minn. R. Civ. P. at least 10 days prior to the hearing date on the Order to Show Cause.

City.  Serve a city by serving the chief executive officer (usually the mayor) or the city clerk in accordance with Rule 4.03(e)(2), Minn. R. Civ. P. at least 10 days prior to the hearing date on the Order to Show Cause. 
Do not serve an “assistant” or “deputy” city clerk. Do not serve someone who says he is authorized to accept service unless you are able to support the affidavit of service with documents establishing that a) the chief executive officer or city clerk is legally authorized to delegate the responsibility to accept service, and b) the delegation was made in the manner authorized. 

County.  Serve a county by serving the chair of the county board, the county auditor or a deputy county auditor in accordance with Rule 4.03 (e)(1), Minn. R. Civ. P. and Minn. Stat. §384.08 at least 10 days prior to the hearing date on the Order to Show Cause.

United States.  Service on the United States must be made in accordance with the requirements of federal law.  28 USC §2410.
(a)	The Petition must set forth with particularity the nature of the interest or lien of the United States.  If the interest of the United States involves a lien under the Internal Revenue laws, the Petition must include the name and address of the taxpayer whose liability created the lien, the identity of the internal revenue office which filed the notice of lien, and the date and place the notice was filed.
If the Petition does not contain the required information, prepare and file an Amended Petition containing the information.
(b)	Send 2 copies of the Order to Show Cause and 2 copies of the Petition (or Amended Petition) to the Attorney General of the United States at Washington, D.C. by registered mail or by certified mail.
(c)	Serve a copy of the Order to Show Cause and a copy of the Petition (or Amended Petition) on the United States Attorney for the District of Minnesota, or on an Assistant United States Attorney, or on a clerical employee designated by the United States Attorney in writing filed with the Hennepin County District Court Administrator.
(d)	The United States may appear within 60 days after service; therefore, service must be made at least 60 days prior to the hearing date of the Order to Show Cause.

Town. Serve a town by serving the chair of the town board or the town clerk in accordance with Rule 4.03(e)(3), Minn. R. Civ. P. at least 10 days prior to the hearing date on the Order to Show Cause. 
Do not serve an “assistant” or “deputy” town clerk. 

School District. Serve a school district by serving a member of the school board in accordance with Rule 4.03(e)(4), Minn. R. Civ. P. at least 10 days prior to the hearing date on the Order to Show Cause. 
Do not serve the Superintendent of the school district.

Other public body.  Serve a public body not enumerated above by serving a member of the board or other governing body in accordance with Rule 4.03 (e)(5), Minn. R. Civ. P. at least 10 days prior to the hearing date on the Order to Show Cause.

SECTION 6.	PROOF OF SERVICE.

1.  Publication.  Publication, if made, is proved by an Affidavit of Publication provided by the printer.  Rule 4.06, Minn. R. Civ. P and Minn. Stat. §§600.10 and 600.11.

2.  Personal Service.  Personal service is proved either by (a) an Affidavit of Service, or (b) a written Admission of Service.  Rule 4.06, Minn. R. Civ. P. The Affidavit or Admission must be signed under oath and notarized.
An Affidavit of Service which states that the Order to Show Cause was delivered to a person who is identified as the “attorney at law” for the named person will generally not be sufficient.
An Affidavit of Service which states that the Order to Show Cause was delivered to a person who is identified as “an agent” for the named person (with no further information or explanation) will generally not be sufficient.

3.  Service on the Minnesota Secretary of State.  Service made in accordance with Minn. Stat. §5.25 is proved by Receipt/Invoice provided by the Secretary of State (“pink sheet”), and an Affidavit of Service stating the date the Order to Show Cause was delivered to the Secretary of State for service.

4.  Assent to Petition.  A person or entity (not their attorney) may assent to the proceeding in lieu of being served with the Order to Show Cause.  The Assent must be in writing and must be acknowledged. Minn. Stat. §358.48.  

SECTION 7.	THE HEARING.

1.  Hearing Date.  The hearing date is stated on the Order to Show Cause.  Proceedings subsequent to initial registration are heard by the Examiner of Titles or a Deputy Examiner on the regular Land Title Calendar on Thursdays at 11a.m. in A-702, Hennepin County Government Center.
The Petitioner’s attorney may request a continuance of the matter to a later specific Thursday; the Examiner or Deputy Examiner having the calendar generally will continue the matter.  

2.  The Order. A general form of the Order recommended for use in Proceedings Subsequent may be found at the Examiner of Titles internet site:  www.hennepin.us (Search: Examiner of Titles).
Prepare the Order.  Insert Findings and Order as recommended in the Report of Examiner. 

3.  Evidence: Affidavits and Documents.  Evidence to support the Findings called for in the Report of Examiner may be in Affidavit form and e-filed prior to the hearing. The Petitioner’s attorney is usually the most appropriate affiant.  If all evidence has been filed, the Petitioner and attorney do not need to appear at the hearing.    
Some Findings should be supported by documentary evidence and not by Affidavit.  For example, a Finding that the property involved is not subject to delinquent real estate taxes should be supported by a certificate from the County Auditor. Documentary evidence may also be e-filed before the hearing.

4. Submissions.  At least 3 business days before the hearing: 

A. 	 E-file the following:

(i)     Proofs of service, including Affidavit of Publication if applicable
(ii)    Evidentiary Affidavit(s)
(iii)   Documentary evidence, if any
These submissions are reviewed prior to the hearing and you will be notified of any deficiencies. See Section 9 for examples of common problems.

B. 	Email a Proposed Order to Ex.titles@hennepin.us . If the petitioner has requested 
            that boundary lines be marked by placement of judicial landmarks, also submit a
            proposed Interlocutory Order, using the form on the Examiner’s website.

C. 	Mail or deliver the following checks to the Examiner of Titles Office.
(i)  a check in the amount of $16, payable to the District Court Administrator for a certified copy of the Order (additional copies of the Order may be obtained:  $10 for uncertified and $16 for certified);
(ii)   a check payable to the Registrar of Titles for recording the certified copy of 
the Order. The amount of the recording fee will vary depending on the number of 
memorials to be entered and the number of Certificates of Title, if any, to be 
issued.  The amount of the recording fee may be verified with the Deputy Court
Administrator in the Examiner of Titles office prior to the hearing.  
 If the attorney attends the hearing, the checks may be submitted at the time of hearing.
	
5.  The Hearing.  Evidence in the form of verbal testimony may be presented at the hearing.  However, if satisfactory evidentiary Affidavits were submitted prior to the hearing, it is not necessary for the Petitioner or the Petitioner’s attorney to appear at the hearing. See Section 8 regarding appearance by a defendant. 

6.  Filing the Order.  At the conclusion of the hearing, the Examiner of Titles will endorse the Examiner’s approval on the Order.
The Deputy Court Administrator will obtain a judge’s signature on the Order, file the document in the court file, make a certified copy of the document, and deliver the certified copy to the Registrar of Titles. If judicial landmarks have been placed in a proceeding pursuant to Minn. Stat. §508.671, Subd.3, the Deputy Court Administrator will also deliver to the Registrar of Titles a certified copy of the survey showing judicial landmarks (see paragraph 7, below). 
The Registrar of Titles will file the certified copy of the Order and enter memorials and take other actions as directed in the Order.

7.  Special Case: Interlocutory Order. In a case where the Petitioner has requested that boundary lines be marked by the placement of judicial landmarks, after the hearing the Examiner of Titles will endorse the Examiner’s approval on the Interlocutory Order (not on the final Order).  
The Deputy Court Administrator will obtain a judge’s signature on the Interlocutory Order and file the document in the court file.
Obtain a copy of the filed Interlocutory Order and deliver it to the Petitioner’s surveyor.
Pursuant to Minn. Stat. §559.25, the order requires use of stone or iron landmarks, not aluminum. After placing the judicial landmarks, the Applicant’s surveyor should prepare a plat of survey showing the location of each of the judicial landmarks. Minn. Stat. §508.23.  The judicial landmark survey generally should show only the boundaries, the placed judicial landmarks, the well-known monuments to which the boundaries are tied, and the legal description of the property that will appear on the first certificate of title.   Information about improvements, easements, adjoining property, prior legal descriptions, ALTA certifications, etc. should be omitted. (See paragraph 4 of Section 2 regarding well-known monuments.)

The surveyor’s certification on the plat should be in a form such as the following:

I hereby certify that pursuant to the Order of the District Court of Hennepin County, Fourth Judicial District, State of Minnesota, dated (date of Interlocutory Order) in Torrens Case No. ____, Judicial Landmarks have been placed as shown on the annexed plat.  Each Judicial Landmark consists of (describe size, shape and materials of judicial landmarks) with letters cut or marked thereon reading “judicial landmark.”

	After you review the survey, submit it by email to the Examiner of Titles office, to the attention of the examiner who signed the Interlocutory Order. If the examiner informs you that the survey is sufficient, e-file the survey.  Generally, it will not be necessary to schedule another hearing. If the examiner requires any further evidence prior to recommending entry of the Order, you will be contacted.  

Section 7, 4 (c) above explains what fees are due for the proceeding subsequent to file the order.  When boundaries are determined, submit the following additional fees:
$46.00 payable to the County Recorder for each Certificate of Title the survey will be filed upon;
$16.00 payable to District Court for a certified copy of the survey. Rule 212, Minn. Gen. R. Prac.  Minn. Stat. §§508.74 and 508.82.

The Deputy Court Administrator will prepare a certified copy of the survey and file it with the Registrar of Titles. 

SECTION 8.	OBJECTIONS.

1.  Appearance at the Hearing.  If on the hearing date a person named in the Order to Show Cause appears to object to the entry of the Order, the Examiner of Titles or Deputy Examiner having the calendar may continue the matter (usually for two weeks) to allow the objecting person to file a formal Answer and pay the required filing fee.  If an Answer is not filed by 11:00 a.m. on the continuation date, the Order will be approved by the Examiner on that date (if there exists no other reason not to approve the Order).

2.  Answer.  If an Answer is filed and not withdrawn, the matter is treated as a contested case.  See the Instruction Manual regarding Contested Torrens Cases in Hennepin County at:  www.hennepin.us (Search: Examiner of Titles).

SECTION 9.	EXAMPLES.

1.	tHE ORDER TO SHOW CAUSE IS NOT TIMELY SERVED ON ONE OR MORE OF THE PERSONS NAMED IN THE ORDER TO SHOW CAUSE.

A Supplemental Order to Show Cause should be submitted, listing only the names of persons not properly served with the original Order to Show Cause and stating a new hearing date. The Supplemental Order to Show Cause should be served on the named persons as provided in the section on Service of Process.  
Prior to the hearing date of the original Order to Show Cause, the Petitioner’s attorney should request that the matter be continued from the original hearing date to the new hearing date.

2.	THE ORDER TO SHOW CAUSE CONTAINS AN ERROR.

If there is a substantial error in the land description an Amended Order to Show Cause should be prepared and submitted.  The Amended Order to Show Cause should be served as provided in the section on Service of Process.  Any parties served with the incorrect Order to Show Cause must be served again with the Amended Order to Show Cause.

If a person’s name is missing or is substantially misspelled, a Supplemental Order to Show Cause should be submitted, listing only the one person and stating a new hearing date, if necessary. The Supplemental Order to Show Cause should be served on the named person as provided in the section on Service of Process.  If the Supplemental Order to Show Cause contains a new hearing date, then prior to the hearing date of the original Order to Show Cause, the Petitioner’s attorney should request that the matter be continued from the original hearing date to the new hearing date. Parties served with the Order to Show Cause and not included in the Supplemental Order to Show Cause need to appear by the original hearing date to avoid default.

3.	THE PETITIONER WISHES TO DISMISS THE CASE.

If no Answer has been filed by any person, the Plaintiff may file a Notice of Dismissal.  Rule 41.01(a), Minn. R. Civ. P.
If an Answer has been filed, a Stipulation of Dismissal signed by the Petitioner and all persons who have answered may be submitted, along with a proposed Order for Dismissal.  Rule 41.01(a), Minn. R. Civ. P.
In either case, if a certified copy of the Petition has been filed as a memorial on one or more Certificates of Title, in accordance with Minn. Stat. § 508.71, Subd. 2, the Petitioner’s attorney may obtain from the Deputy Court Administrator a certified copy of the Notice of Dismissal or Stipulation and Order for Dismissal and request that the Examiner of Titles endorse on the certified copy a statement, such as “terminates Doc. No. (document number assigned by the Registrar of Titles to the certified copy of the Petition).”  The certified copy may then be filed with the Registrar of Titles, who will omit the memorial of the Petition from future Certificates of Title.

SECTION 10.  TIPS FOR FINDING PEOPLE/ENTITIES

	Petitioner is required to make a diligent search for all parties to be served with the Order to Show Cause.  A diligent search may include:
o	Review of the Certificate of Title for addresses other than the property address
o	Search of Grantor/Grantee Index for other properties owned
o	MNCIS search for addresses in other court cases
o	MNCIS search for evidence of name change through marriage dissolution or civil name change order
o	MNCIS search for probate cases
o	Bankruptcy search to locate addresses
o	MN Secretary of State website for active and inactive entities, and requesting a complete history to check for mergers ($6 fee)
o	Search of Secretary of State websites in other states, if applicable
o	Search of FDIC website for bank status, mergers, addresses
o	Google search 
o	Obituary Searches on-line
o	Whitepages and Dexonline
o	Asking neighbors, associates, friends of the party 
o	Checking prison and military records
o	Skip tracing

For helpful links and more suggestions for finding people see the court’s page http://www.mncourts.gov/Help-Topics/Representing-Yourself-in-Court.aspx/?#tab03HowCanIFindSomeone