Item Description:
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Negotiate a cooperative agreement to provide title examination services for Clay County, Minnesota
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Resolution:
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BE IT RESOLVED, that the Hennepin County Board of Commissioners authorizes the Examiner of Titles, in accordance with Minnesota Statute 471.59, to negotiate a cooperative services agreement to provide title examination services to Clay County, at no cost to Hennepin County, for the period from January 1, 2027 until termination by either party, be approved; and that upon review and approval by the County Attorney's office the Chair of the Board be authorized to sign the cooperative agreement on behalf of the County.
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Background:
Clay County approached Examiner of Titles Alison Schubring about Hennepin County assuming title examination services for their county. Clay County’s current examiner retires the end of 2026, and there are few attorneys in their jurisdiction willing or able to fill this vacancy.
Hennepin County would benefit from this cooperative agreement. It supports the county’s commitment to finding innovative ways to share resources and partner with local governments. Clay County has 119 active Certificates of Title. The Examiner of Titles Office can easily absorb Clay County’s caseload. Pursuant to the cooperative agreement, the Hennepin County Examiner of Titles will perform this work in Clay County on a fee for service basis. The work and new revenue associated with this cooperative agreement will be minimal.
Pursuant to statute, an examiner must be appointed in each county in Minnesota by the district court. In Hennepin, Ramsey, Anoka and St. Louis counties the examiner is a full-time employee, with no outside legal practice. In all other counties, the examiner maintains a private practice and performs examiner of titles work on a fee-for-service basis (billing applicants and petitioners for work done to produce a Report of Examiner, billing owners for required certifications and directives for registered land, and either billing or having a retainer agreement to provide legal services to the registrar of titles).
The examiner of titles oversees and participates in every step of the land registration process. Once land is registered, all dealings with the land are expressly subject to the terms and provisions of the Torrens Act and there are many statutory provisions which call for examiner of titles involvement, including certification of certain transfers of property, issuing directives to the registrar of titles, and issuing reports of examiner in court cases involving Torrens property (proceeding subsequent actions).
In Hennepin County, approximately 200,000 of the 448,000 tax parcels (43%) are Torrens property in which the Hennepin County Examiner of Titles Office may be involved. The county’s examiner of titles and deputy examiners are involved in thousands of transactions and court cases involving Torrens property every year. Hennepin County is recognized as having one of the most effective systems in the country by several Torrens commentators. A competent examiner's office is a key part of the successful administration of the Torrens Act.
Disparities elimination statement: This action supports the county’s disparity elimination efforts in the housing and justice domains, by providing competent and affordable examiner of titles services to Clay County residents, free from conflicts of interest.
This request funds services that are: N/A - no cost
recommendation
Recommendation from County Administrator: Recommend Approval