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Published byJuliana Murphy Modified over 6 years ago
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Problems and Solutions with Boundary Adjustments
By David J. Meyers
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Apply to Replat – Boundary Adjustment – Same Area
(2 ½ acres) Before and After – easy
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Replat Approved - easy
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Dealing with Mortgagee (Mortgage Holder)
Can be difficult to impossible
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Finding Someone to Talk to Who Can Help
Easy if local lender Impossible if large out-of-state lender
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Mortgagee and All Lienholders Must Consent to Plat
Best to Use Separate Consent Instead of Having Mortgagee Sign Mylar
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Record Plat
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Deed Exchange – Replat Does Not Convey Title
First – check for all liens and confirm ownership
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Both Mortgagees Must Release Mortgage Lien on Prior Legal Description
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Both Mortgagees Will Require Amendments to Mortgage to Include the New Legal Description
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Both Mortgagees Will Require Endorsements [Bring Down Certificates] to Existing Title Policy
Hint: Buy a New Policy
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All of This is Done at Owners Cost – maybe $3,000 - $5,000
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Split By Lawsuit or Torrens
All Owners and Mortgagees are Defendants Mortgagee’s Title Insurance Will Defend Title Insurance Attorney May Understand and Consent
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Alternatives Easement – Permanent License – Limited
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Commencing at the northwest corner of said Section 21 (per County monument, Doc. No ), also being the northwest corner of said Government Lot 1; thence North 88 degrees 54 minutes 45 seconds East, assumed bearing, along the north line of said Government Lot 1 (based upon the North Quarter Corner, per Doc. No ), a distance of feet to the northwest comer of said Government Lot 2 as shown on PARKS ADDITION TO PILLAGER, MINN.
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thence North 67 degrees 01 minutes 45 seconds East, a distance of 100
thence North 67 degrees 01 minutes 45 seconds East, a distance of feet to a Judicial Landmark set pursuant to Court Case No. 11-CV and a Point to be known as Point B for the purposes of this description; thence continue North 67 degrees 01 minutes 45 seconds East, a distance of feet to a Judicial Landmark set pursuant to said Court Case No. 11-CV South 88 degrees 54 minutes 45 seconds West through two Judicial Landmarks
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Thank you! David J. Meyers Rinke Noonan Suite 300 US Bank Plaza Building 1015 W. St. Germain St. P.O. Box 1497 St. Cloud, MN Direct: (320)
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