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SF 72

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 03/05/2015 08:36am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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A bill for an act
relating to real property; modifying government approval of plats; authorizing
new certificate by examiner's directive after cancellation of contract for deed;
authorizing new certificate of possessory interest by directive after cancellation
of contract for deed; amending Minnesota Statutes 2014, sections 505.03,
subdivision 1; 508.58, by adding a subdivision; 508A.58, subdivision 2, by
adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 505.03, subdivision 1, is amended to read:


Subdivision 1.

City, town, and county approval.

Plats shall, except in cities whose
charters provide for official supervision of plats by municipal officers or bodies, together
with an abstract deleted text begin anddeleted text end new text begin ,new text end certificate of title,new text begin or other satisfactory evidence of title,new text end be presented
for approval to the council of the city or town board of towns wherein there reside over
5,000 people in which the land is located; and, if the land is located outside the limits of
any city, or such town, then to the board of county commissioners of the county in which
the land is located. new text begin For purposes of this subdivision, "satisfactory evidence of title" must
be determined by the city council, town board, or board of county commissioners and
must include an abstract of title, certificate of title, title opinion, title commitment, or title
policy.
new text end Plats that subdivide land are subject to the approval of the elected body of the local
governmental units exercising authority over the subdivision of the land. Plats that only
delineate existing parcels or comply with a minor subdivision procedure may be approved
by a local government official designated by the governing body of the local governmental
unit exercising authority over the subdivision of land.

Sec. 2.

Minnesota Statutes 2014, section 508.58, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Examiner of titles directive; cancellation of contract for deed. new text end

new text begin The
registrar shall carry the memorials of all documents relating to a contract for deed
cancellation until directed to remove them by court order or written examiner's directive.
The examiner of titles may issue a written directive upon the request of the registered
owner or other person in interest if documents evidencing a legally sufficient cancellation
under section 559.21 have been of record on the certificate of title or certificate of
possessory title for at least five years. The documents must include a copy of the notice
of cancellation of contract for deed with proof of service thereof, and the affidavit of
the seller, the seller's agent, or the seller's attorney showing that the purchaser has not
complied with the terms of the notice. The court order or written directive of the examiner
of titles must also specify the instruments the registrar shall omit from any successor
certificate of title because of cancellation of the contract for deed.
new text end

Sec. 3.

Minnesota Statutes 2014, section 508A.58, subdivision 2, is amended to read:


Subd. 2.

Examiner of titles directivenew text begin ; foreclosure by actionnew text end .

Any person who has
become the owner in fee of land registered under sections 508A.01 to 508A.85, or any part
of the land, pursuant to a mortgage foreclosure by action under chapter 581 is entitled to a
new CPT for the land described in the sheriff's certificate of sale or so much of the land as
may be described in the CPT, after the redemption period expires. The registrar shall enter
a new CPT only pursuant to the court order provided in subdivision 1 or upon the written
directive of the examiner of titles as to the legal sufficiency of the mortgage foreclosure
proceeding. The directive of the examiner of titles also must specify the instruments the
registrar shall omit from the new CPT by virtue of the foreclosure.

Sec. 4.

Minnesota Statutes 2014, section 508A.58, is amended by adding a subdivision
to read:


new text begin Subd. 3. new text end

new text begin Examiner of titles directive; cancellation of contract for deed.
new text end

new text begin The registrar shall carry the memorials of all documents relating to a contract for
deed cancellation until directed to remove them by court order or written examiner's
directive. The examiner of titles may issue a written directive upon the request of the
registered owner or other person in interest if documents evidencing a legally sufficient
cancellation under section 559.21 have been of record on the CPT for at least five
years. The documents must include a copy of the notice of cancellation of contract for
deed with proof of service thereof, and the affidavit of the seller, the seller's agent, or
the seller's attorney showing that the purchaser has not complied with the terms of the
notice. The court order or written directive of the examiner of titles must also specify the
instruments the registrar shall omit from any successor CPT or certificate of title because
of cancellation of the contract for deed.
new text end