REAL ESTATE

To assist with the operation of the Torrens system, Minnesota Statutes requires the District Court to appoint an Examiner of Titles. Kimberly Literovich is the Blue Earth County Examiner of Titles and Jeremy Berg is the Brown County Examiner. The job of the Examiner is to assist the District Courts in the original Registration and some subsequent title matters and provide guidance to the Registrar of Titles.

In limited cases, partly determined by statute and partly through custom, the Examiner can direct the transfer of property where there might otherwise be a problem. For example, Summary Real Estate Disposition Judgments, Trusts, Powers of Attorney for a registered owner, can sometimes cause problems for the Registrar of Titles. The Examiner of Titles is authorized by statute to issue Certifications and Directives to the Registrar to assist with title transfer.

The fees for the Examiner of Titles work are paid by the property owner. Information on when an Examiner’s action is required and a Fee Schedule can be found here:

Blue Earth County Examiner of Titles Requirements

Brown County Examiner of Titles Requirements

A 1031 property exchange (also called a “like-kind exchange”) is a structured transaction that can avoid capital gains on a sale of real estate. In a traditional real estate sale, the profit on the sale are generally subject to taxation, but if the proceeds are instead used to purchase new, like-kind real estate, the properties are treated as a swap with no or limited tax liability. 1031 exchanges must be carefully structured in order to preserve the tax benefits. Blethen Berens can help you determine if your property qualifies for an exchange, avoid unintentionally realizing capital gains, and navigate the exchange process from beginning to end.

Builders and suppliers have the ability to place a lien, called a “mechanic’s lien,” on real estate when they have not been paid for their services or materials. The law places very strict requirements on placing and enforcing mechanic’s liens. Failure to abide by certain requirements and time lines can result in the loss of lien rights and, often, the loss of the builder or suppliers best opportunity for getting paid. The attorneys at Blethen Berens are here to help with all your mechanic’s lien needs.

Are you about to buy or sell a property? Before you do, it’s important that you know what you’re signing. Purchase agreements often set out the terms for each party to prepare for closing including the allocation of closing costs, disclosures of certain conditions of the property, contingencies for inspections and title defects, and what happens if either party defaults. Closing dates, mortgage information, lot description, and what personal property stays with the real estate should all be covered too. Don’t get lost in the details of purchase agreements. Every real estate transaction is unique and needs a purchase agreement tailored to your circumstances. Call Blethen Berens for a consultation and help with your purchase agreement needs.

The purchase or sale of a property is a huge financial decision that needs to be considered carefully. At the real estate closing, all of the paperwork comes together to transfer the property, establish a mortgage, pay off previous mortgages and other liens, record documentation in the property records, satisfy requirements for title insurance, collect necessary tax information, and more. Whether you are buying or selling residential, commercial, or agricultural real estate, it is important to make sure that the closing documents are accurate and that all necessary documentation is included. If you’re about to buy or sell a property, contact Blethen Berens for a consultation.

The Blethen Berens real estate litigation team represents clients in all types of litigation involving real property. Whether you’re a landlord, tenant, owner, developer, lender, loan participant, or other party with a real estate issue, you can put your trust in Blethen Berens to work toward the most advantageous outcome for you.

Our real estate attorneys can help you with a wide range of issues, including:

• Foreclosures

• Mechanic’s liens

• Boundary disputes

• Evictions

• Land use and zoning

• Eminent domain/condemnation

• Restrictive covenants

• Property tax appeals

• Easements

• Title issues

• Use issues

• Purchase agreement disputes

• Financing/mortgage issues

• Environmental matters

• Partitions

• Leasing disputes

The real estate team at Blethen Berens is experienced in a wide array of residential and commercial real estate matters. Whether you are buying or selling a home, navigating a property line dispute with your neighbor, developing a commercial property, negotiating a commercial lease, or anything in between, Blethen Berens can help with all of your real estate needs. Our attorneys will handle your situation with care and help you minimize problems in the future. If you have real estate questions, call Blethen Berens for a consultation.

Do you need title insurance, a title opinion, or resolution of a title defect? Do you need an agent to coordinate the closing on your purchase or sale of property? Are you involved in a property sale that includes liens and want to make sure the details are correct? Blethen Berens provides a full slate of title services for buyers, sellers, realtors, lenders, developers, builders, attorneys and investors. Our attorneys can offer assurance that the job will be done right.

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