Minnesota Legislature
SF 3677
as introduced - 91st Legislature (2019 - 2020) Posted on 02/27/2020 03:28pm
Current Version - as introduced
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A bill for an act
relating to real property; modifying and updating certain recording and title
provisions; making clarifying and technical changes; repealing obsolete provisions;
amending Minnesota Statutes 2018, sections 508.52; 518.191, subdivisions 1, 3;
600.23; repealing Minnesota Statutes 2018, sections 507.07; 582.14.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2018, section 508.52, is amended to read:
508.52 CONVEYANCE; CANCELLATION OF OLD AND ISSUANCE OF NEW
CERTIFICATE.
An owner of registered land who desires to convey the land, or a portion thereof, in fee,
shall execute a deed of conveyance, and record the deed with the registrar. The deed of
conveyance shall be recorded and endorsed with the number and place of registration of
the certificate of title. Before canceling the outstanding certificate of title the registrar shall
show by memorial thereon the registration of the deed on the basis of which it is canceled.
The encumbrances, claims, or interests adverse to the title of the registered owner shall be
stated upon the new certificate, except so far as they may be simultaneously released or
discharged. The registrar shall not carry forward as a memorial on the new certificate of
title any memorials of a transfer on death deed if the grantors of the transfer on death deed
retain no fee interest in the land covered by the new certificate. The certificate of title shall
be marked "Canceled" by the registrar, who shall enter in the register a new certificate of
title to the grantee and prepare deleted text begin and deliver to the granteedeleted text end a deleted text begin copy of thedeleted text end new certificate of
title.new text begin The registrar, upon request, shall deliver to the grantee a copy of the new certificate
of title.new text end If a deed in fee is for a portion of the land described in a certificate of title, the
memorial of the deed entered by the registrar shall include the legal description contained
in the deed and the registrar shall enter a new certificate of title to the grantee for the portion
of the land conveyed and, except as otherwise provided in this section, issue a residue
certificate of title to the grantor for the portion of the land not conveyed. The registrar shall
prepare andnew text begin , upon request,new text end deliver to each of the parties a copy of their respective certificates
of title. In lieu of canceling the grantor's certificate of title and issuing a residue certificate
to the grantor for the portion of the land not conveyed, the registrar may if the grantor's
deed does not divide a parcel of unplatted land, and in the absence of a request to the contrary
by the registered owner, mark by the land description on the certificate of title "Part of land
conveyed, see memorials." The fee for a residue certificate of title shall be paid to the
registrar only when the grantor's certificate of title is canceled after the conveyance by the
grantor of a portion of the land described in the grantor's certificate of title. When two or
more successive conveyances of the same property are filed for registration on the same
day the registrar may enter a certificate in favor of the grantee or grantees in the last of the
successive conveyances, and the memorial of the previous deed or deeds entered on the
prior certificate of title shall have the same force and effect as though the prior certificate
of title had been entered in favor of the grantee or grantees in the earlier deed or deeds in
the successive conveyances. The fees for the registration of the earlier deed or deeds shall
be the same as the fees prescribed for the entry of memorials. The registrar of titles, with
the consent of the transferee, may mark "See memorials for new owner(s)" by the names
of the registered owners on the certificate of title and also add to the memorial of the
transferring conveyance a statement that the memorial shall serve in lieu of a new certificate
of title in favor of the grantee or grantees therein noted and may refrain from canceling the
certificate of title until the time it is canceled by a subsequent transfer, and the memorial
showing such transfer of title shall have the same effect as the entry of a new certificate of
title for the land described in the certificate of title; the fee for the registration of a conveyance
without cancellation of the certificate of title shall be the same as the fee prescribed for the
entry of a memorial.
Sec. 2.
Minnesota Statutes 2018, section 518.191, subdivision 1, is amended to read:
Subdivision 1.
Abbreviated judgment and decree.
If real estate is described in a
judgment and decree of dissolution, the court deleted text begin maydeleted text end new text begin shall new text end direct either of the parties or their
legal counsel to prepare and submit to the court a proposed summary real estate disposition
judgment. Upon approval by the court and filing of the summary real estate disposition
judgment with the court administrator, the court administrator shall provide to any party
upon request certified copies of the summary real estate disposition judgment.
Sec. 3.
Minnesota Statutes 2018, section 518.191, subdivision 3, is amended to read:
Subd. 3.
Court order.
An order or provision in a judgment and decree that provides
that the judgment and decree must be recorded in the office of the county recorder or filed
in the office of the registrar of titles means, if a summary real estate disposition judgment
has been approved by the court, that the summary real estate disposition judgment, rather
than the judgment and decree, must be recorded in the office of the county recorder or filed
in the office of the registrar of titles.new text begin The recorder or registrar of titles is not responsible for
determining if a summary real estate disposition judgment has been approved by the court.
new text end
Sec. 4.
Minnesota Statutes 2018, section 600.23, is amended to read:
600.23 RECORDERS deleted text begin AND COURT ADMINISTRATORSdeleted text end .
Subdivision 1.
Deposit of papers.
Every county recorder, upon being paid the legal fees
therefor, deleted text begin shalldeleted text end new text begin maynew text end receive and deposit in the office any instruments or papers which deleted text begin shall
bedeleted text end new text begin arenew text end offered for that purpose and, if deleted text begin requireddeleted text end new text begin requestednew text end , shall give to the person depositing
the same a receipt therefor.
Subd. 2.
Endorsed and filed.
new text begin Any new text end such instruments or papersnew text begin so receivednew text end shall be filed
by the officer receiving the same, and so endorsed as to indicate their general nature, the
names of the parties thereto, and time when received, and shall be deposited and kept by
the officer and successors in office in the same manner as the officer's official papers, but
in a place separate therefrom.
Subd. 3.
Withdrawal.
Papers and instruments so deposited shall not be made public or
withdrawn from the office except upon the written order of the person depositing the same,
or the person's executors or administrators, or on the order of some court for the purpose
of being read in the court, and then to be returned to the office.
new text begin Subd. 3a. new text end
new text begin Retention and disposal. new text end
new text begin
Papers and instruments deposited for safekeeping
shall be retained, at a minimum, until the earlier of:
new text end
new text begin
(1) the county recorder learns of the depositor's death, at which time the county recorder
may deliver the paper or instrument to the appropriate court, or deliver the paper or instrument
to the depositor's executors or administrators; or
new text end
new text begin
(2) 20 years following the deposit of the paper or instrument, at which time the county
recorder shall deliver the paper or instrument directly to the Minnesota Historical Society
for review and disposition. If not accepted by the Minnesota Historical Society, the county
recorder may destroy the paper or instrument.
new text end
Subd. 4.
Certificate that instrument cannot be found.
The certificate of any officer
to whom the legal custody of any instrument belongs, stating that the officer has made
diligent search for such instrument and that it cannot be found, shall be prima facie evidence
of the fact so certified to in all cases, matters, and proceedings.
Sec. 5. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2018, sections 507.07; and 582.14,
new text end
new text begin
are repealed.
new text end
APPENDIX
Repealed Minnesota Statutes: 20-6659
507.07 WARRANTY AND QUITCLAIM DEEDS; FORMS.
Warranty and quitclaim deeds may be substantially in the following forms:
WARRANTY DEED
A.B., grantor, of (here insert the place of residence), for and in consideration of (here insert the consideration), conveys and warrants to C.D., grantee, of (here insert the place of residence), the following described real estate in the county of .........................., in the state of Minnesota: (here describe the premises).
Dated this ............... day of ................, .......
(Signature) ...................................
Every such instrument, duly executed as required by law, shall be a conveyance in fee simple of the premises described to the grantee, the grantee's heirs and assigns, with covenants on the part of the grantor, the grantor's heirs and personal representatives, that the grantor is lawfully seized of the premises in fee simple and has good right to convey the same; that the premises are free from all encumbrances; that the grantor warrants to the grantee, the grantee's heirs and assigns, the quiet and peaceable possession thereof; and that the grantor will defend the title thereto against all persons who may lawfully claim the same. Such covenants shall be obligatory upon any grantor, the grantor's heirs and personal representatives, as fully and with like effect as if written at length in such deed.
QUITCLAIM DEED
A.B., grantor, of (here insert the place of residence), for the consideration of (here insert the consideration), conveys and quitclaims to C.D., the grantee, of (here insert the place of residence), all interest in the following described real estate in the county of .........................., in the state of Minnesota: (here describe the premises).
Dated this ............... day of ................, .......
(Signature) ...................................
Every such instrument, duly executed, shall be a conveyance to the grantee, the grantee's heirs and assigns, of all right, title, and interest of the grantor in the premises described, but shall not extend to after acquired title, unless words expressing such intention be added.
582.14 LIMITATION ON OLD FORECLOSURE ACTIONS.
No action or proceeding to foreclose a real estate mortgage executed prior to November 1, 1909, shall be maintained after January 1, 1946, unless prior to said date the owner of said mortgage shall have filed in the office of the county recorder of the county in which is located the real estate covered thereby, a notice setting forth the name of the claimant, a description of said real estate and of said mortgage including the volume and page at which it is of record and a statement of the amount claimed to be due thereon. Such notices may be discharged in the same manner as notices of lis pendens, and, so discharged, shall, together with all information included therein, cease to constitute either actual or constructive notice.