1. Title Standards with “White Pages” Transferring Title and Removing Encumbrances and with Curative Acts, MSBA Real Property section
  2. Statutes: http://www.leg.state.mn.us ; see also MN Real Estate Statutory Deskbook (MN CLE)
  • Basic title concepts:   ch 500 and 501A
  • Trusts, certificate of trust:  501B.56; affidavit of trustee:  501B.57
  • Landlord tenant:   ch 504 and 504B
  • Plats:   ch 505
  • Recording:   ch 507
  • Torrens:   ch 508 and 508A
  • Homestead exemptions:   ch 510
  • Mechanics liens:   ch 514
  • Powers of attorney:   ch 523
  • Marketable Title Act:   541.023
  • Other limitations:   ch 541.03
  • Judgments:   ch 548
  • Execution:   ch 550
  • Actions relating to real property:   ch 557
  • Partition:   ch 558
  • Homestead exemptions:   ch 510
  • Common interests communities (townhouses, condominiums, and PUDs:  ch 515, 515A, 515B
  • Adverse claims:  559; Cancellation of contracts for deed:  559.21; Boundary lines:  559.23
  • Mortgage foreclosure: By advertisement:  ch 580; By action:  ch 581; General:  ch 582;
    Farmer lender mediation:   ch   583
  1. Cases: Fastcase, Westlaw, Lexis
  2. Forms: Practicelaw (www.practicelaw.org )
  3. Practicelaw resources: checklists for sellers, for buyers

Practicelaw MNDocs

  1. Torrens guides: Hennepin (www.hennepin.us, then search “examiner of titles”);
    Ramsey (www.co.ramsey.mn.us/et)
  2. Minn CLE online library subscription and publications list (www.minncle.org)
  3. County tax parcel sites
  4. County real estate records sites – also see www.netronline.com
  5. ORBIT real estate records access (www.orbitinfo.net )
  6. Service vendors:  Capitol Title, Metro Legal
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The real estate in a dissolution of marriage case may not have the urgency and priority of other issues, but it can have long lasting consequences for both client and attorney. No attorney wants a call from a former client who is at a closing for refinancing or selling the property and who is dismayed to find the former spouse’s name is still on the title. The checklists, forms, links and resources provided in the presentation attached sill assist the practitioner in disposing of real estate interests completely and accurately.

The following seminar was presented for the CLE program of the Minnesota State Bar Association Family Law Section, on October 9, 2010. For a copy of this presentation, please send an e-mail request to bob@anthrolaw.com.

HANDLING REAL ESTATE IN DISSOLUTION OF MARRIAGE PROCEEDINGS
By: Robert Beutel
Retired Examiner of Titles
Second Judicial District
(Ramsey County)

I. Before commencing proceedings:

A. Collect information on real estate:

1. Homestead:
Address: __________________________________________________
Legal Description: _________________________________________________
Source: Copy of Certificate of Title, deed, abstract, mortgage, tax
statement or assessor’s office
Abstract Property __ Torrens Property __
Location of abstract:________________________________________
Names of title holders: ______________________________________________
Date of purchase: __________________________________________________
Purchase price: ____________________________________________________
Source of down payment: ____________________________________________
Any change in title since purchase:_____________________________________
Current market value: _______________________________________________
Tax value: ___________________________________________________
Estimated or appraised value: ________________________________________
Mortgage or contract for deed holder: __________________________________
Address: ____________________________________________________
Loan No.: ___________________________________________________
Balance: $________________ as of , 20 _______
Monthly payment: $___________________________________________
Taxes and Insurance escrowed in payment: $_______________________
Property Taxes: $_____________ per year 20 ____
Insurance: $__________________________ per year 20 ___
Second Financing:_______________________________
Other Liens: Federal and State Tax Liens, bankruptcy, judgments
Improvements made to this property since purchase: _____________________
Value: $_____________ Source of Funds: _________________________
Arrearages or Defaults: ______________________________________________

2. Other real estate: (same information)

3. Seller’s interest in contract for deed: ___________________________________
Date of acquisition: _________________________ , 20____
Principal balance due: $_______________ as of______________ , 20____
Payor’s name and address: ___________________________________________
Mortgages or contracts for deed superior to this contract:__________________
Loan No.:_________________________________
Payments made by: Seller __ OR Buyer __
Location of signed contract for deed:______________________
Location of abstract:________________________________
Any assignments:___________________________________

B. Confirm and cross-check all available information to determine correct legal description, purchase of adjoining lots, sale of parcels, existence of easements, etc.

To obtain legal descriptions from street address and other related property issues:
Ramsey County 651-266-2000 http://www.co.ramsey.mn.us/prr

Anoka County 763-323-5400 http://www.co.anoka.mn.us

Dakota County 651-438-4576 http://www.co.dakota.mn.us

Hennepin County Abstract: 612-348-3050, Torrens: 612-348-5681, Copies of Docs/Ctfs of Title: 612-348-5139 www16.co.hennepin.mn.us/pins

Washington County Abstract: 651-430-6755, Torrens: 651-430-6756 http://www.co.washington.mn.us

C. Order assumption statement or payoff statement from mortgage holder to confirm balance due, escrow balances, monthly payments, defaults, etc.

D. Obtain abstract and/or contract for deed.

II. Draft the Summons and Petition assuming the worst case:
Both Summons and Petition must contain the full and accurate legal description of the real estate and Petition must pray for the disposition thereof.

III. Negotiating the marital termination agreement or requesting disposition by the court:

A. Options:
-Outright award to one of the parties
-Award to one of the parties with a lien to the other: Fixed dollar amount lien, or Floating lien with value determined at time of sale. Interest is seldom awarded; if it is, the statutory rate on judgments (Minnesota Statutes 549.09) is usually employed.
-Sale of property and division of proceeds
-Appraisal and buy-out by one party
-Both parties remain in title as tenants in common
-Both parties continue in title as joint tenants – seldom allowed
-Mortgage to secure payment of maintenance and support (Minnesota Statutes 518.24)
-Homestead Tax Status: (Minnesota Statutes 273.124)

B. In drafting marital termination agreement and decree, use full and correct legal description
“Petitioner/Respondent shall, after the entry of the decree herein, execute and deliver a quit claim deed conveying said land to Respondent/Petitioner (subject to a lien in the amount of $___________ ). In lieu of said deed, the recording or filing of a certified copy of the decree herein shall effectuate said transfer.”

C. Drafting Decree:
Use Form 80.1.2, Summary Real Estate Disposition Judgment (Minnesota Statutes 518.191) to minimize exposure of private and embarrassing information

D. Quit Claim Deed:
Be sure it is dated and signed after the decree is entered (Minnesota Statutes 519.06). In the “subject to” clause set out specifically the lien, if any, awarded to the grantor.
If a party’s name is changed in the Judgment and Decree, use the new name.

E. Recording:
Record a certified copy of the Summary Real Estate Disposition Judgment or Decree and the quit claim deed, if any, as soon as possible to cut off the effects of State and Federal Tax Liens, judgments or bankruptcies entered against the grantor subsequent to the decree. Consider using duplicate filing copy to obtain filing data.
If there is no deed and the land is Torrens, deliver a certified copy of the decree to the Examiner of Titles office for approval prior to filing in the office of the Registrar of Titles. In Ramsey County the Examiner’s fee is $100.00.

IV. Representing the divested spouse:
A. Double check the stipulation, decree and quit claim deed (if you have not drafted it yourself) to insure the preservation of your client’s lien or interest.

B. Follow up on filing, by noting the recording data of the decree and quit claim deed.

C. Review triggering events with your client, making explicit the extent of responsibility you are assuming or disclaiming for acting on the triggering events.

D. Protecting your client’s security interest:
It is subject to the prior lien of first mortgage or contracts for deed:
Monitor payments on prior liens by checking periodically with mortgage company or contract for deed seller
Request Notice of Default, Form 60.6.1, to be sent to your client to permit curing of default and prompt post decree motion.
Record Certificate and Request for Notice, Form 60.6.1, to receive Notice of Mortgage Foreclosure.

E. Seek release of personal liability from mortgage lender.

V. Post decree matters:

A. Judgments for arrears in maintenance and support must be docketed to become a lien on debtor’s real estate. (Minnesota Statutes 548.09 Subd. 1)
If real estate is Torrens, the judgment must also be filed with the Registrar of Titles to be a lien. (Minnesota Statutes 508.63)

B. Release of Lien:
May be done by:
1. Quit claim deed (recite “this deed is given to release that lien granted by paragraph No. ______ in Summary Real Estate Disposition Judgment entered _________________________20______ , _________________ County, District Court File No._____________”.)
2. Release of Lien Form 80.1.1. One advantage is that any new spouse need not join in.

VI. Removing ex-spouse’s name from the mortgage:
Use the mortgage holder’s assumption procedure to reflect the new state of the title.
Do not believe lenders who say a costly re-finance is the only way.

VII. “My former lawyer really messed this up”, or how to cure the defects:
Omitted property: Motion to amend judgment
Misdescribed property: Motion to amend judgment or, if Torrens, Proceedings Subsequent
The case of the missing ex-spouse: Motion for Order to sell, determine apportionment and deposit proceeds with court administrator.
Lien in favor of deceased ex-spouse: Need Personal Representative appointedby Probate Court to release. Consider time limits on lien with self-executing Statute of Limitations in Marital Termination Agreement.

VIII. Ethical considerations:

A. Competence:
Education
Association with or reference to real estate practitioner

B. Conflict of interest:
Be sure you disclaim to pro se party any representation or liability for his/her interest in documents you draft

IX. Authorities:
Title Standard 84
Title Standard 7: 15 Years clears non-joinder of spouse
Title Standards 11-12: 15 years eliminates need to record evidence of divorce
Title Standard 21: Divorce severs Joint Tenancy
Title Standard 92:Recording of decree from any jurisdiction is sufficient to evidence the dissolution of a marriage
Minnesota Statutes 518.91 and 518.54, Subd. 5
Searles v. Searles, 420 N.W.2d 581 (Minn. Sup. Ct. 1988)

X. Forms online:
• General Family Law: http://www.practicelaw.org/24
http://www.courts.state.mn.us/districts/Fourth/General/onlineforms.htm

• Summary Real Estate Disposition Judgment (Form UCB 80.1.2 or ECB 8012)
http://www.practicelaw.org/24

Robert Beutel
Attorney at Law
2080 Edgcumbe Road
St. Paul, MN 55116
651-699-7392
Bob@anthrolaw.com

CHAPTER 315 CONVEYANCES

January 15, 2010

RELIGIOUS CORPORATIONS UNDER MINNESOTA STATUTES CHAPTER 315.

Robert Beutel
RCBA Real Property Section
January 19, 2010

INTRODUCTORY NOTE: A religious body may incorporate and transfer its property:
(i) As a nonprofit corporation organized under MINN. STAT. Chapter 317A;
(ii) As a religious corporation organized under MINN. STAT. Chapter 315 which has elected after April 21, 1951 to become a nonprofit corporation subject to MINN. STAT. Chapter 317A;
(iii) As a religious corporation organized under MINN. STAT. Chapter 315 which has elected pursuant to MINN. STAT. § 317.06 to authorize transfer of its property in accordance with the procedures set forth in MINN. STAT. § 317.26; or
(iv) As a religious corporation organized under MINN. STAT. Chapter 315.
See “Non Profit Corporations”, White Pages I-D-4, for the appropriate documentary requirements for religious entities corporations described in subparagraphs (i) and (ii) and the transfer documentation required for religious corporations described in subparagraph (iii). This guide sets forth documentary requirements with respect to transfers of property by religious corporations described in subparagraph (iv) and organizational documentation requirements with respect to religious corporations described in subparagraph (iii).

MINN. STAT. Chapter 315 contains numerous provisions pursuant to which a religious body may incorporate, some of which relate to the doctrinal rules and regulations of specific church or religious bodies. The rules governing conveyance of property may vary substantially between the various sections of the Chapter, and conveyances must comply with denominational rules and regulations of the parent church or religious organization where the denominational affiliation is specified in the certificate of organization of the religious body and such denominational rules and regulations are recorded in the office of the County Recorder where the land is located. Therefore, notwithstanding the provisions of Minn. Title Standard No. 33, the lack of uniformity of rules governing organization and administration of religious corporations under MINN. STAT. Chapter 315 necessitates review of and adherence to the appropriate certificate of organization of the religious body conveying title to property, and, if recorded, of the rules and regulations of the parent organization whose doctrine governs the religious body as specified in its certificate of organization. A certificate or organization should be accepted where it identifies the name and location of a religious society or body and reflects by specific language or by implication in the date or date of acknowledgment of the document the approximate date of its organization as a religious corporation. Where no certificate or articles of organization are available, an order of the District Court should be secured setting forth the fact of incorporation, the name and approximate date of incorporation of the religious body, the section of MINN. STAT. Chapter 315 under which such religious body was incorporated, the denomination or religious body with which the organization is affiliated and the names of the governing trustees or members on the date that such order is issued.

The following nine subsections detail the items which should be recorded or filed to evidence authority of a religious body organized under MINN. STAT. § 315 to convey its property:

a. STATED WORSHIPPERS If the corporation is organized by the worshipers of a church, congregation or religious society pursuant to MINN. STAT. § 315.01, Subds. 1 and 2, require:
(1) Certificate of organization or incorporation signed by the Chairman and Secretary of the organizing meeting, witnessed by two persons and acknowledged, should be recorded in the office of the County Recorder where the real property is located.
(2) Affidavit of a trustee or member of the corporation with knowledge of the facts should be recorded or filed with the conveyance attesting compliance with MINN. STAT. § 315.12, as follows:
(a) That a meeting of the congregation was held;
(b) That notice of the time, place and object of the meeting was given on at least four successive Sabbaths on which the corporation statedly meets for public worship immediately preceding the meeting (the last such notice of which may be given at the services immediately preceding the meeting);
(c) That the meeting was held and the action was taken in compliance with the rules and regulations of the denomination or church with which the corporation is affiliated; (this requirement should be waived where there are no such rules or regulations of record/ in the office of the County Recorder where the real property is located, where the record shows evidence of compliance with any such rules or regulations or where the recorded rules and regulations are less stringent than the requirements of this subparagraph (2));
(d) That resolutions (set forth in their entirety in the affidavit) containing the complete description of the real property to be conveyed were adopted at the meeting;
(e) That the resolutions adopted at the meeting were adopted by a vote of not less than two-thirds of the members present and voting at the meeting authorizing the sale;
(f) The names of the officers or trustees authorized to execute a conveyance in behalf of the corporation; NOTES: Where the corporation ceases to hold stated meetings for public worship, a statement of such fact and, in lieu of the statement required in subparagraph (2)(b), a statement that the meeting was held pursuant to notice posted on the church premises for not less than twenty days prior to the meeting;

Where the corporation has ceased to exist as an active and functioning religious body for a period of one year or more, a statement of such fact in lieu of the requirements of subparagraphs (2)(a), (b), (c), (d), (e) and (f), that the persons executing the conveyance were the last trustees duly elected by the corporation and that the conveyance is given by the trustees pursuant to notice of their intention to do so posted upon the real property to be conveyed not less than twenty days prior to the date of such action.
(3) Deed in the name of the corporation as expressed in the Certificate described in subparagraph (1), signed and acknowledged by all of the officers or trustees (or such lesser number of the officers or trustees authorized by resolutions adopted in the manner prescribed in subparagraph (2)) or by the last officers or trustees of the corporation.

b. TRUSTEES If the corporation is organized by election or appointment of trustees in accordance with the rules or usages of any church, denomination or congregation pursuant to MINN. STAT. § 315.01, Subd. 3, require:
(1) Certificate of organization or incorporation signed and acknowledged by the minister, officers or presiding elder of the conference electing or designating the trustees should be recorded in the office of the County Recorder where the real property is located.
(2) Affidavit executed and acknowledged in the manner set forth in subparagraph a. (2) and containing the information required by such subparagraph should be recorded or filed with the conveyance.
(3) Deed executed in the manner set forth in subparagraph a. (3) above.

c. MINISTERS, ELDERS, DEACONS AS TRUSTEES If the corporation is organized by designation of ministers, elders, deacons or officers as trustees in accordance with the rules or usages of any church, denomination or congregation pursuant to MINN. STAT. § 315.01, Subd. 4, require:
(1) Certificate of organization or incorporation signed and acknowledged by the persons designated as trustees should be recorded in the office of the County Recorder where the real property is located.
(2) Affidavit executed and acknowledged in the manner set forth in subparagraph a. (2) above and containing the information required by such subparagraph should be recorded or filed with the conveyance.
(3) Deed executed in the manner set forth in subparagraph a. (3) above.

d. CATHOLIC If the corporation is organized by the bishop, vicar general and pastor of pastor of the parish pursuant to MINN. STAT. § 315.15, require:
(1) Certificate of Incorporation signed and acknowledged by the bishop and vicar general of the diocese in which the parish is located and by the pastor of such parish should be recorded in the office of the County Recorder in which the real property is located. (The 1985 Revisor’s Bill amended MINN. STAT. § 315.16 to require that the two lay members of the corporation must also sign the Certificate of Incorporation.)
(2) Affidavit of one of the members of the corporation should be recorded or filed with the conveyance attesting:
(a) That resolutions set forth in their entirety and containing the complete legal description of the real property to be conveyed were duly adopted by a majority of the members of the corporation or at least the percentage of the members of the corporation required by the Certificate of Incorporation;
(b) The officers or the names of the members of the corporation authorized to execute a conveyance on behalf of the corporation.
(3) Deed in the name of the corporation as expressed in the Certificate of Incorporation described in subparagraph a. (3) above signed and acknowledged by all of the officers or members of the corporation or by the officers or members authorized to execute the conveyance by resolutions adopted in the manner prescribed in subparagraph (2). A deed executed by the bishop, vicar general and pastor should be accepted in lieu of the affidavit required by subparagraph (2).

e. CATHOLIC DIOCESAN CORPORATION If the corporation is a diocesan corporation organized by the bishop, vicar general and chancellor of a diocese pursuant to MINN. STAT. § 315.16, require:
(1) Certificate of Incorporation signed and acknowledged by the bishop, vicar general and chancellor of such diocese should be recorded in the office of the County Recorder where the real property is located. (The 1985 Revisor’s Bill amended MINN. STAT. § 315.16 to require that the two lay members of the corporation must also sign the Certificate of Incorporation.)
(2) Affidavit of one of the members of the corporation should be recorded or filed with the conveyance attesting:
(a) That resolutions set forth in their entirety and containing the complete legal description of the real property to be conveyed were duly adopted by a majority of the members of the corporation or at least the percentage of the members of the corporation required by the Certificate of Incorporation;
(b) The officers or the names of the members of the corporation authorized to execute a conveyance on behalf of the corporation.
(3) Deed in the name of the corporation as expressed in the Certificate of Incorporation described in subparagraph (1) above signed and acknowledged by all of the officers or members of the corporation or by the officers or members authorized to execute the conveyance by resolutions adopted in the manner prescribed in subparagraph (2). A deed executed by the bishop, vicar general and chancellor should be accepted in lieu of the affidavit required by subparagraph (2).

f. EPISCOPAL If the corporation is organized as a parish of the Protestant Episcopal Church pursuant to MINN. STAT. § 315.17, require:

(1) Certificate of organization or incorporation signed and acknowledged by the rector, if any, and by a majority of the wardens and vestrymen should be recorded in the office of the County Recorder where the real property is located.
(2) Affidavit of the rector, a warden or a vestryman of the parish should be recorded with the conveyance attesting:
(a) That resolutions set forth in their entirety and containing the complete legal description of the real property to be conveyed were duly adopted by action of a majority of the rector, the wardens and the vestrymen or at least the percentage of such persons required by the certificate of organization or incorporation;
(b) That the action was taken in compliance with the canons of the diocese or of the general convention of the Protestant Episcopal Church of the United States; (This requirement should be waived where there are no such canons of record in the office of the County Recorder where the real property is located, where the record shows evidence of compliance with any such canons or where the recorded canons are less stringent than the requirements of this subparagraph (2));
(c) That the real property to be conveyed is not the church or church site of the parish corporation;
or
If the real property to be conveyed is the church or church site of the parish corporation, a statement of such fact and that the sale of such property has been approved by majority action of a meeting of the members of the parish corporation duly called and held;

(d) The officer or officers (or the names of the rector or lesser number of the wardens or vestrymen) authorized to execute a conveyance on behalf of the corporation.

(3) Deed in the name of the corporation as expressed in the certificate of organization or incorporation described in subparagraph (1) above signed and acknowledged by all of the wardens and vestrymen and the rector of the corporation or such officer or officers or lesser number of the rector, wardens or vestrymen authorized to execute the conveyance by resolutions adopted in the manner prescribed in subparagraph (2).

g. EPISCOPAL CATHEDRAL If the corporation is organized as a cathedral of the Protestant Episcopal Church pursuant to MINN. STAT. § 315.20, require:
(1) Certificate of organization or incorporation signed and acknowledged by the bishop and a majority of the wardens and vestrymen should be recorded in the office of the County Recorder where the real property is located.
(2) Affidavit of the bishop, a warden or a vestryman of the cathedral should be recorded with the conveyance attesting:
(a) That resolutions set forth in their entirety and containing the complete legal description of the real property to be conveyed were duly adopted by action of a majority of the bishop, the wardens and the vestrymen or at least the percentage of such persons required by the certificate of organization or incorporation;
(b) That the action was taken in compliance with the canons of the diocese or of the general convention of the Protestant Episcopal Church of the United States; (this requirement should be waived where there are no such canons of record in the office of the County Recorder where the real property is located, where the record shows evidence of compliance with any such canons or where the recorded canons are less stringent than the requirements of this subparagraph (2));
(c) That the real property to be conveyed is not the church or church site of the cathedral corporation;
or

If the real property to be conveyed is the church or church site of the cathedral corporation, a statement of such fact and that the sale of such property has been approved by the bishop and by majority action of a meeting of the members of the cathedral corporation duly called and held;
(d) The officer or officers (or the names of the bishop or lesser number of the wardens or vestrymen) authorized to execute a conveyance on behalf of the corporation.
(3) Deed in the name of the corporation as expressed in the certificate of organization or incorporation described in subparagraph (1) above signed and acknowledged by all of the wardens and vestrymen and the bishop of the
corporation or by such officer or officers or lesser number of the bishop, wardens and vestrymen authorized to execute the conveyance by resolutions adopted in the manner prescribed in subparagraph (2).

h. If the corporation is organized by the members of any church or religious society pursuant to MINN. STAT. § 315.21, require:
(1) Certificate of organization or incorporation signed and acknowledged by at least three persons should be recorded in the office of the County Recorder where the real property is located.
(2) Affidavit of an officer, director, trustee or member of the corporation with knowledge of the facts should be recorded or filed with the conveyance attesting:
That the resolutions set forth in their entirety and containing the complete legal description of the real property to be conveyed were duly adopted by the corporation in accordance with the plan of operation set forth in its Certificate of Incorporation and reciting the manner in which such compliance was accomplished and the person or officers (or the names of the officer or officers, persons, trustees or members) of the corporation authorized to execute conveyances in behalf of the corporation;
or
If the certificate of organization or incorporation does not specify the manner in which the conveyance of real property shall be accomplished, the affidavit shall evidence compliance with the requirements contained in MINN. STAT. § 315.12 as outlined in subparagraph a.(2) above.

(3) Deed in the name of the corporation as expressed in the certificate of organization or incorporation described in subparagraph (1), signed and acknowledged by all of the governing body of such corporation or such officers or members of the governing body authorized by resolutions adopted in the manner prescribed in subparagraph (2).

i. DIOCESAN COUNCIL, SYNOD, PRESBYTERY, CONFERENCE; OR CONSOLIDATION OF PARISHES, CONGREGATION, DIOCESAN SYNOD If the corporation is organized as a diocesan council, synod, presbytery, conference or consolidation of parishes, congregations, diocesan councils, synods, etc. See MINN. STAT. §§ 315.23-.27.
NOTE: See pertinent, curative acts validating church deeds executed without apparent authority of the congregation.
Minn Stat. 315.121 after six years.

SOLVING PROBLEMS

1. Wrong Name
Record Affidavit of Identity with Articles and any amendments changing the name. If Torrens, get Examiner’s approval first

2. Defunct Body
See Minn Stat. 315.37
-Title vests in next higher governing or supervising corporate body of the same denomination.
-Judicial Action to Quiet Title
If defunct corporation is not affiliated, then petition for appointment of receiver to convey title and distribute proceeds cy pre as in 317A.

3. Lost Articles of Incorporation
Adopt Restated Articles, see Ramsey County Torrens Doc. No. 1593368, Saint Paul’s Episcopal Church in Saint Paul, a/k/a St. Paul’s Church On-the-Hill. (attached)

4. Unincorporated Association
Deed to Unincorporated Association is VOID. Get deed from last valid grantor to legitimate entity, or commence judicial action to reform/construe void deed. See Ramsey County Torrens Doc. No. 1596194 Examiner’s Directive, (attached).

5. Methodist Church and Evangelical United Brethren Church Name Change to United Methodist Church
The Minnesota Annual Conference of The Capital Methodist Church merged with the Minnesota Conference of the Evangelical United Brethren Church on June 13, 1969. Article XI of the merger document provides that any subordinate or affiliate religious corporation which has the word Methodist as a part of its name is amended by inserting the word United before Methodist. Any body which has Evangelical United Brethren as part of its name is amended by inserting the words United Methodist in place of the words Evangelical United Brethren. The articles of incorporation of such subordinate or affiliate corporations, namely the congregations, do not need to be changed to reflect this name change. Minnesota statutes 315.50

ADVISING CHURCH CLIENTS

1. Post Articles of Incorporation in the church office for reference to actual name.

2. Raise awareness of its denominational requirements, so it is not surprised or frustrated in future transactions.

3. Consider using 317A Non-Profit Corporation to hold title to subsidiary assets.

4. Raise awareness of Minn. Stat. 315.42

No roads or streets shall be laid through the property without the consent of the corporation’s governing board.

LITIGATION NOTES

Basic Rule:
Civil Courts will not intervene in Matters of Theology or Practice, but will decide property rights and membership.

Watson v. Jones, 13 Wall 679, 20 L Ed 666
Blavert v. Schupmann, 241 Minn. 428, 63 NW2d 578(1954)

Courts will look at the Articles of Incorporation or other Charter:

Trinity Church of Infinite Science of Minneapolis v. First Spiritualist Church, 221 Minn. 15, 20 NW2d534 (1945)

But see Piletich v. Deretich, 328 NW2d 696 (Minn. 1982).

See Bob’s profile by clicking on the link above.