Legal Question in Real Estate Law in Minnesota
We are in the process of selling our house and u able to find our abstract can we sell it without it? And not have any problems?
1 Answer from Attorneys
Hello. I believe you meant you 'are unable' to locate your copy of the Abstract. In Minnesota there are two ways in which real estate is indexed and identified. Torrens is one and Abstract is the other. When an owner of Abstract realty conveys or mortgages the property or otherwise takes action that affects the title, a document is filed with the appropriate land office in the county. When Abstract real estate is sold, the Abstract is updated and the Abstract is read. A Title Opinion is made. A Title Opinion is a written statement issued by an attorney stating the current condition of title for a parcel of land. In other words, based on law (statutes, rules, practice, case law), the author of the Title Opinion states the ownership of the property and identifies all liens and encumbrances. Buyers of real estate often seek a Title Opinion instead of purchasing a title insurance policy. Note that the Title Opinion relates to past transactions and issues affecting title, not to future occurrences. Minnesota law allows for Abstract property to registered to become Torrens property, and the Torrens system offers certain advantages over the Abstract system. All the best.