Land Sale Contracts – Division of Mining, Land, and Water

Assignments

An Assignment is used to transfer, in whole or in part, the interest of the current customer on the Contract.

To begin the process, the Contract Assignment Application needs to be filled out and returned to our office. Please be sure to include the ADL number on the form. Assignee(s) must submit readable copies of their legal IDs with the request. Once the Assignment Request Form, legal IDs and the fees detailed below are received, CIRR will draft the Assignment within 5-10 business days. The Assignment will then be sent to the seller for notarized signatures. Notarized Signatures are required from all Assignor(s) and Assignee(s). Once all signatures are obtained, the completed original Assignment, in its entirety, must be returned to our office for approval. Upon receipt of the Assignment and verification of the notaries, the Assignment will be approved within 3-5 business days. The Assignment will then be recorded which will finalize the transfer to the new party.

Once the Assignment is finalized, the Assignee(s) have the option to pay off the Contract in full or continue making installment payments to DNR per the terms of the Contract.

Fees:

Individuals: $240.00 Document Handling Fee, $25.00 Recording Fee (total of $265.00)
Businesses: $320.00 Document Handling Fee, $25.00 Recording Fee (total of $345.00)
Payments should include the ADL number and note “Assignment Fee”. Refer to FAQ section above for instructions on how to may a payment.

Amendments

An Amendment is used to change or correct a Contract after a Contract has been executed.

There are two types of Amendments routinely processed by CIRR, Administrative Amendments and Amendments by Court Order. Administrative Amendments, referred to as Scrivener's Corrections, are drafted to correct an error in the original Contract. The more common type of Amendment is by Court Order. This is often used to transfer the interest of the current customer to another party by court decree. This includes Amendments due to probate, divorce and/or a legal name change. CIRR requires Court decrees with the court stamp and/or the court issued Certificate of Name Change for Amendments of this type. Once the required information is provided, CIRR will draft the Amendment and send it to the customer for notarized signature. Once signed and returned, the notary will be verified, and the Amendment will be approved and recorded.

Fees:

Scrivener's Corrections: No charge
Other Amendments:
- Individuals: $240.00 Document Handling Fee, $25.00 Recording Fee (total of $265.00)
- Businesses: $320.00 Document Handling Fee, $25.00 Recording Fee (total of $345.00)
- Payments should include the ADL number and note “Amendment Fee”. Refer to FAQ section above for instructions on how to may a payment.

Probate

Contract Assignment Application PDF

Please accept the DNR's sincerest condolences regarding your family's loss. Please contact our staff to update us at your earliest convenience. Kindly note, the contract payments will still be due as scheduled.

The following probate documents are necessary to modify the Contract out of the departed Purchaser's name.

A copy of the Death Certificate
Letter of Administration and Acceptance (or the Letters of Testamentary), including the Case Number filed through the Court system.
Statement of Instruction, from the Personal Representative for the Estate. This statement should specify who the property will be transferred to including full legal name, social security number and date of birth for all individuals designated as heir(s). This information is only required for individuals that are not already listed as Purchasers on the Contract.
Contract Assignment Application, this captures the heir(s)' personal information. The heir(s) should be entered on the form as Assignee(s). Legal IDs for all heir(s) are also required.

Once CIRR receives these documents, the Amendment will be drafted and sent for signature. Notarized signatures are required from the Personal Representative and all heir(s) to be added to the Contract. Upon receipt of the original Amendment and verification of the notaries, CIRR will approve the Amendment within 3-5 business days. The Amendment will then be recorded which will finalize the transfer. Once the Amendment is finalized, the Assignee(s) have the option to pay off the Contract in full or continue making installment payments to DNR per the terms of the Contract.

Fees:

Individuals: $240.00 Document Handling Fee, $25.00 Recording Fee (total of $265.00)
Businesses: $320.00 Document Handling Fee, $25.00 Recording Fee (total of $345.00)
Payments should include the ADL number and note “Assignment Fee”. Refer to FAQ section above for instructions on how to may a payment.

Bankruptcy

If you are notifying us of a bankruptcy you must include the Notice of Bankruptcy from the Alaska State court to initiate a stay in billing on your account. During bankruptcy, CIRR will not bill you and will not send out notices unless a Reaffirmation Agreement is signed between CIRR and the Purchaser(s) listed on the contract; this can be requested by the debtor. CIRR may file documents with the court to confirm the debt of the Contract. In addition to the Notice of Bankruptcy, CIRR also requires copies of all court orders, the Debtor Discharge, and Final Decree.

Relinquishments

Relinquishment Form PDF

A Contract must be current on all payments and fees for it to be relinquished. To initiate the process, the Relinquishment Form should be filled out and returned to our office. All parties involved must be listed on the Relinquishment Form and the spelling of each name must match that of the Contract. Once CIRR has received the Relinquishment Form and verifies your account is current, your interest in the file will be removed. Note that all monies paid toward the Contract are non-refundable and relinquishment of the Contract in non-reversible.

Terminations

A payment is considered late by the DNR if it is not received within 10 days of the Payment Due Date. Once your payment is late you will receive the first of four notices from our Financial Services Section. These notices will occur within the first 90 days and during this time a $50.00 late fee will be applied to each late payment. After the fourth Notice of Failure to Pay, you will receive a Notice of Breach and Default from our office which is the start of the Termination Process.

When the Termination Process is started, your account will be locked, and payments cannot be made unless you pay the full amount due as stated in the Notice of Breach and Default. The full amount due consists of either all late payments, late fees and a reinstatement fee of $50.00, or 5% of the total amount that is in default. Partial payments are not allowed on the account during the Termination Process. If the total amount due is not paid within 30 days, your account will receive a second letter from CIRR which entails the Director's Decision.

Once the Director's Decision is sent, the Contract can no longer be reinstated, and the total pay-off amount must be paid in full. The Director's Decision will include the total pay-off amount as determined by Financial Audit. This amount is non-negotiable, and no partial payments can be made on the account. You will have 30 days to pay the full amount listed in the Director's Decision before your account is terminated via an Affidavit of Termination.

The Affidavit of Termination is the final document which terminates the Contract and any interest you hold in it. All monies that have been paid to the state during the life of the Contract are forfeited to the State. This also prevents you from being able to finance state land through CIRR for three years. However, during these three years you will retain the ability to purchase state land and pay for it in full.

Payoff Quotes

Please contact our office if you would like an estimate of the value required to pay off your Contract. Please provide your Alaska Division of Lands (ADL) number and anticipated payoff date. Please note that the DNR issues patents approximately 3-6 months after the date of pay-off.

Conveyances

CIRR coordinates with several other offices to issue Patents and Quitclaim Deeds upon payoff. The Patent issuance timeline varies depending on the time of year; it is approximately 3-6 months from the payoff date. The official Patent or Quitclaim Deed will be signed by the Reality Services Section and then recorded which will finalize the title transfer to you. The Recorder's Office will send the original title document directly to your address of record. Be sure to confirm your mailing address with CIRR to ensure the title document is sent to the correct address. Please refer to the FAQs above for instructions on how to change your mailing address.

Post-Patent Agricultural Subdivision Requests and Patent Conversions

Post-Patent agricultural subdivision requests and agricultural patent conversion requests are now managed by the Division of Agriculture. If you have questions, please contact the Division of Agriculture at (907) 745-7200.