Racheal M. Holland,
Partner

McLeod County Examiner of Titles
Carver County Deputy Examiner of Titles

Phone:

(952) 442-7767

Email:

rholland@mhslaw.com

Key Practice Area

Legal Services Offered

 

Minnesota State Bar Real Property Law Specialist

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Throughout her entire career, Racheal has handled matters both in and out of the courtroom, from simple to highly complex transactions and disputes. She is admitted to practice in all state courts of Minnesota, the Minnesota Federal District Court, and the North and South Dakota District Courts.

Racheal has spent her career working on a variety of real estate matters including commercial and residential sales, leases, title examination, actions to clear title, Torrens matters and construction related disputes. She counsels her clients on the business and legal aspects of the purchase and sale of property and works effectively with developers, cities, and other governmental subdivisions throughout the development process.

Racheal has represented business entities of all types, including banks, other financial institutions, real estate developers, construction contractors, manufacturers, information technology firms, hair salons and other service based start-ups. She helps her clients anticipate potential conflicts and reduce the risk of contested legal claims. Racheal’s clients appreciate her cooperative and creative approach to working with multiple parties and competing interests.

Racheal prides herself on getting things done effectively and efficiently without making solutions more complex or expensive than they truly need to be. She encourages her clients to ask questions so they understand not only the law, but also the process. When litigation is necessary, Racheal ensures her clients understand both the benefits and the potential costs of going to court, so they can best decide how to proceed.

Practice Areas

Real Estate Transactions & Litigation

Racheal’s work in real estate includes:

  • Drafting deeds, contracts for deed, purchase agreements, mortgages and leases
  • Drafting easements including driveway and drain tile easements
  • Land use permits and approvals
  • Drafting and negotiating construction contracts and construction litigation
  • Mechanic’s liens and mortgage foreclosures
  • Boundary disputes, adverse possession claims and drainage issues
  • Quiet title actions
  • Contract for Deed cancellations
  • Title insurance and title clearance
  • Advising developers and homeowners’ associations on the intricacies of the Minnesota Common Interest Community Act

Rachael was appointed the Examiner of Titles for McLeod County, Minnesota effective June 1, 2015 and regularly works with other attorneys and title companies in reference to Certifications, Directives and Proceedings Subsequent necessary for the transfer of Torrens Property or memorialization of documents on Certificates of Title.

Examiner of Titles

Torrens is a system for registration of real property under which, upon application of the owner and after appropriate proceedings, the Court may direct the issuance of a Certificate of Title. The Certificate of Title is kept in the office of the Registrar of Titles. In Minnesota the County Recorder is the Registrar of Titles. With the “abstract system” an abstract is evidence of title. In the “Torrens system” the certificate of title is the evidence of title.

An Examiner of Titles is an individual appointed to represent a county and is under the district court’s control. The Examiner must, in certain cases, examine documents presented for recording and determine if they meet the legal requirements for the action requested (e.g., transferring title or adding a memorial to the current certificate of title).

Melchert Hubert Sjodin business and real estate attorney Racheal M. Holland was appointed Examiner of Titles for McLeod County, Minnesota, by the First Judicial District Court of Minnesota, effective June 1, 2015. She had been serving as Co-Deputy Examiner of Titles for McLeod County since June 1, 2014. Racheal was also appointed as Deputy Examiner of Titles for Carver County, Minnesota, effective on February 10, 2017.

For additional information, please see the following links, or contact the Examiner directly.

Fee Schedule

Directives & Certificates

Proceedings Subsequent (District Court Action)

Initial Registration Proceedings

More information can be found at the McLeod County Website:
http://www.co.mcleod.mn.us/government/recorder/registrar_of_titles.php

Business and Corporate Law

Rachael helps business owners reach their goals and reduce the risk of legal conflict. Her work in this area includes:

  • Initial business formation, as well as changes to and reorganization of business organizations including corporations and limited liability companies.
  • Shareholder and member control agreements.
  • Mergers, acquisitions, and asset purchases and sales.
  • Buy-sell agreements.
Banking and Financial Institutions

Racheal has worked with many banks and other financial institutions throughout her career. She assists her clients with loan documentation for construction financing, real estate development, contracting and manufacturing. Her work in general commercial lending involves revolving and operating lines of credit for manufacturers, automotive and equipment dealers and distributors, and equipment financing. She also represents clients in matters involving creditorss remedies, primarily representing commercial lenders in state and federal court.

Probate and Trust Litigation

Racheal is experienced with dealing with families in a time of crisis.  Racheal works closely with Melchert Hubert Sjodin’s estate planning and probate attorneys and assists them when matters become contested or controversial.  She represents trustees and personal representatives with administering a trust or estate when heirs or beneficiaries contest such administration, and also has represented heirs and beneficiaries in matters relating to undue influence or lack of capacity.

Admissions

  • State Court: Minnesota; South Dakota; North Dakota
  • U.S. District Court, District of Minnesota
  • U.S. Court of Appeals for the Eighth Circuit

 

Education

  • J.D., William Mitchell College of Law
  • B.S., Environmental Studies and Resources and Environmental Protection, University of Minnesota

 

Certifications

  • Real Property Law Specialist

Professional Activities

  • Minnesota Examiner of Titles Association, Vice Chair
  • Examiner of Titles, McLeod County, Minnesota
  • Deputy Examiner of Titles, Carver County, Minnesota
  • Board Member, The Community Foundation for Carver County
  • Past President, Eighth District Bar Association
  • Past Ethics Investigator, Eighth District Ethics Committee, under the direction of the Office of Lawyers Professional Responsibility
  • Former Assistant Director, Athletic Compliance, University of Minnesota

Community Involvement

  • Coach for children’s athletic activities
  • Sunday school teacher
  • Emanuel Lutheran School PTL Vice President