Proceedings Subsequent to Initial Registration
Once title to land is registered, most voluntary instruments executed by the registered owner or one with a registered interest, such as deeds, mortgages, assignments, contracts for deed and assignments, easement agreements, leases and assignments, and declarations of restrictions, if in proper form, will be accepted by the Registrar of Titles for filing. Also, various involuntary instruments, such as mechanic's lien statements, certified copies of judgments, execution and levies, attachments, notices of lis pendens, final certificates in condemnation, certified copies of resolutions by municipalities vacating land in streets or alleys and county auditor certificates as to title forfeiture for non-payment of delinquent taxes, if in proper form, will be accepted by the Registrar of Titles for filing.
However, there are several instances in which it is necessary to commence a "Proceeding Subsequent to Initial Registration of Land", examples of which are:
- To adjudicate the validity of a Cancellation of a Contract for Deed and delete the memorial of it, or to obtain a new certificate of title following a foreclosure of a mortgage by advertisement.
- To obtain a new certificate of title pursuant to tax sale, unless the forfeiture documents have been memorialized on the certificate for ten years or more.
- To amend the land description on a certificate of title.
- Other matters affecting a person’s registered interest for which notice must be given.
Instructions (COMING SOON)
- Instructions for Proceedings Subsequent
- Instructions for contested Proceedings Subsequent
- Survey requirements for boundary registration
- Next steps after an Interlocutory Order is signed
- Pleading bankruptcy allegations
- Appointment of a Guardian Ad Litem by an adverse party
AT THIS TIME, UNTIL FURTHER NOTICE, PLEASE USE THE PEACETIME EMERGENCY ORDER TO SHOW CAUSE (OSC)FORM.
The OSC document should be emailed (in Word format) directly to Tracy Ekberg, Paralegal at [email protected].
PROPOSED ORDERS should be also be emailed (in Word format) to Tracy at the email above at least 5 days before the hearing date.
- Peacetime Emergency Order to Show Cause (Word doc)
- General Petition (Word doc)
- Petition after Foreclosure (mortgage) (Word doc)
- Petition after Foreclosure (association assessment lien) (Word doc)
- Petition after Contract for Deed Cancellation (Word doc)
- Petition after Fulfillment of Contract for Deed (Word doc)
- Petition after Tax Forfeiture (Word doc)
- Petition for Order Determining Boundary Lines (Word doc)
- Order to Show Cause (Word doc)
- Interlocutory Order (Word doc)
- Order in Proceeding Subsequent (Word doc)