SF 2541

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to real property; creating a curative act for 
  1.3             conveyances by counties; providing for recording of 
  1.4             documents written in foreign language; providing for 
  1.5             an affidavit of custodian; modifying provisions 
  1.6             governing nonconsensual common law liens; removing a 
  1.7             sunset; amending Minnesota Statutes 2000, section 
  1.8             514.99, subdivision 2; proposing coding for new law in 
  1.9             Minnesota Statutes, chapters 507; 527; repealing 
  1.10            Minnesota Statutes 2000, section 514.99, subdivision 6.
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  [507.422] [CERTAIN COUNTY CONVEYANCES 
  1.13  VALIDATED.] 
  1.14     No deed of conveyance of real estate made by a county in 
  1.15  this state that has been of record with the county recorder or 
  1.16  registrar of titles for more than five years shall be held 
  1.17  invalid or void for failure to comply with the requirements of 
  1.18  section 373.01, subdivision 1, clause (4). 
  1.19     Sec. 2.  [507.46] [CERTIFICATE OF TRANSLATION OF DOCUMENTS 
  1.20  IN FOREIGN LANGUAGES.] 
  1.21     Subdivision 1.  [FORM OF CERTIFICATE.] A county recorder or 
  1.22  registrar of titles shall accept for recording a document that 
  1.23  is not written in the English language, but is otherwise in 
  1.24  recordable form, if there is appended to the non-English 
  1.25  language document a translation of the document into the English 
  1.26  language and a certificate of translation in substantially the 
  1.27  following form: 
  1.28                    CERTIFICATE OF TRANSLATION 
  2.1   State of Minnesota 
  2.2   County of ............................. 
  2.3   I certify that the attached English language document
  2.4   is a complete and accurate translation of the attached
  2.5   document from the ....... language.
  2.6   ........................................
  2.7   Signature of translator
  2.8   ........................................
  2.9   Typed or printed name
  2.10  ........................................
  2.11  Street
  2.12  ........................................
  2.13  City, State, and Zip Code
  2.14  ........................................
  2.15  Telephone number
  2.16  ........................................
  2.17  Subscribed and sworn to before me this day of ...., 20..
  2.18  ........................................
  2.19  Notary public
  2.20     Subd. 2.  [CERTIFICATE AS EVIDENCE.] Any certificate of 
  2.21  translation recorded under subdivision 1, or a certified copy, 
  2.22  is admissible as evidence in any action involving the instrument 
  2.23  to which it relates or the title to the real estate affected by 
  2.24  the instrument and is prima facie evidence of the facts stated 
  2.25  in it.  
  2.26     Sec. 3.  Minnesota Statutes 2000, section 514.99, 
  2.27  subdivision 2, is amended to read: 
  2.28     Subd. 2.  [NO DUTY TO ACCEPT NONCONSENSUAL COMMON LAW 
  2.29  LIENS; NOTICE OF INVALID LIEN.] (a) No person has a duty to 
  2.30  accept for filing or recording a claim of nonconsensual common 
  2.31  law lien unless: 
  2.32     (1) the claim is accompanied by a specific order from a 
  2.33  court of competent jurisdiction authorizing the filing of the 
  2.34  lien; 
  2.35     (2) the lien statement is accompanied by an affidavit of 
  2.36  personal service or service by certified mail of notice of the 
  2.37  proposed lien on the subject of the lien; and 
  3.1      (3) the lien statement includes the mailing address of the 
  3.2   lien claimant. 
  3.3      (b) If a recording officer, recording office, or 
  3.4   governmental entity accepts for filing or recording a claim that 
  3.5   the person has reason to believe is a nonconsensual common law 
  3.6   lien that is not governed by paragraph (a), the person shall 
  3.7   mail a copy of the lien to the subject of the lien within 30 
  3.8   days of the filing or recording, if a known address for the 
  3.9   subject is reasonably available.  
  3.10     (c) No recording officer, recording office, or governmental 
  3.11  entity is liable for the acceptance or rejection for filing or 
  3.12  recording of a claim of nonconsensual common law lien or a 
  3.13  notice of invalid lien, or for failing to provide notice of the 
  3.14  lien to the subject under this subdivision. 
  3.15     Sec. 4.  [527.405] [CONVEYANCE BY CUSTODIAN.] 
  3.16     Subdivision 1.  [AFFIDAVIT OF CUSTODIAN.] In support of a 
  3.17  real property transaction where an interest in real property is 
  3.18  held in a custodianship, a custodian shall furnish to the 
  3.19  grantee or other party to the transaction an affidavit attesting 
  3.20  that: 
  3.21     (1) the custodian has not resigned or been removed prior to 
  3.22  executing the conveyance; and 
  3.23     (2) the custodianship has not terminated, or if the 
  3.24  custodianship has terminated that the conveyance is to the minor 
  3.25  or to the personal representative of the minor's estate. 
  3.26     Subd. 2.  [FORM OF AFFIDAVIT.] An affidavit under this 
  3.27  section must be substantially in the following form: 
  3.28                     AFFIDAVIT OF CUSTODIAN 
  3.29  State of Minnesota 
  3.30  County of............................. 
  3.31  ........., being first duly sworn on oath says, that: 
  3.32  1.  Affiant was appointed or designated as custodian in the 
  3.33  document dated ....... and filed for record ....... as Document 
  3.34  No. ...., (or in book .. of page ..) in the office of the 
  3.35  (County Recorder) (Registrar of Titles) of ..... County, 
  3.36  Minnesota (being the document which originally conveyed the real 
  4.1   estate to the custodian). 
  4.2   2.  Affiant is the grantor custodian for the minor in the 
  4.3   document dated ..., conveying to .......... an interest in the 
  4.4   real property in ..... County, Minnesota, legally described as: 
  4.5   (insert legal description here) 
  4.6   3.  The name of the minor is .......................... 
  4.7   4.  The custodianship (check one) ....... has not terminated 
  4.8   prior to the date of the document described in paragraph 2 above 
  4.9   (or) ....... has terminated and the conveyance is to the minor 
  4.10  or to the personal representative of the minor's estate. 
  4.11  5.  Affiant's address is:  ........................ 
  4.12  6.  Affiant has not resigned and does not have actual knowledge 
  4.13  of affiant's removal as custodian. 
  4.14  Affiant knows the matters herein stated are true and makes this 
  4.15  affidavit for the purpose of inducing the passing of title to 
  4.16  the real property. 
  4.17  ........................................ 
  4.18  Affiant 
  4.19  Subscribed and sworn to before me this day of ...., 20.. 
  4.20  ........................................ 
  4.21  Notary Public 
  4.22  This instrument was drafted by .......................... 
  4.23     Subd. 3.  [EFFECT OF AFFIDAVIT.] An affidavit by a 
  4.24  custodian under this section is conclusive proof that the 
  4.25  custodian has not resigned or been removed as custodian prior to 
  4.26  executing the conveyance and that the custodianship has not 
  4.27  terminated, or that if the custodianship has terminated, the 
  4.28  conveyance is to the minor or to the personal representative of 
  4.29  the minor's estate.  However, the affidavit is not conclusive as 
  4.30  to a party dealing directly with the custodian who has actual 
  4.31  knowledge that the custodian has resigned or been removed or 
  4.32  that the custodianship has terminated and the conveyance is not 
  4.33  to the minor or the personal representative of the minor's 
  4.34  estate. 
  4.35     Sec. 5.  [REPEALER.] 
  4.36     Minnesota Statutes 2000, section 514.99, subdivision 6, is 
  5.1   repealed. 
  5.2      Sec. 6.  [EFFECTIVE DATE.] 
  5.3      (a) Section 1 is effective the day following final 
  5.4   enactment and applies to all conveyances of real estate made by 
  5.5   counties executed before, on, or after the effective date. 
  5.6      (b) Section 1 does not affect an action or proceeding 
  5.7   involving the validity of a conveyance from a county if: 
  5.8      (1) the action or proceeding is pending as of the effective 
  5.9   date of section 1, or is commenced before February 1, 2003; and 
  5.10     (2) a notice of the pendency of the action or proceeding is 
  5.11  recorded or filed before February 1, 2003, in the office of the 
  5.12  county recorder or registrar of titles of the county in which 
  5.13  the property affected by the action or proceeding is located.