Minnesota Session Laws - 1991, Regular Session

  

                         Laws of Minnesota 1991 

                        CHAPTER 144-H.F.No. 726 
           An act relating to real property; providing for the 
          statute of limitations for a cause of action on an 
          interest in real property of a married person when the 
          property was conveyed by the person's spouse; 
          clarifying provisions for recording a satisfaction or 
          release of a mortgage; amending Minnesota Statutes 
          1990, section 519.101; and Laws 1991, chapter 4, 
          section 1; repealing Minnesota Statutes 1990, section 
          519.09. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 519.101, is 
amended to read: 
    519.101 [DOWER AND CURTESY ACTIONS NOT MAINTAINABLE.] 
    Subdivision 1.  [GENERAL.] The following actions must be 
commenced, and a notice of lis pendens filed with the county 
recorder or registrar of titles in the county where the property 
is located, within 15 years after the conveyance on which the 
action is based was recorded with the county recorder or 
registrar of titles:  
    (1) an No action for the recovery of title to or possession 
of real property, or of any a right therein, or the possession 
thereof, shall be maintained by any in the property based on a 
person having any a marital interest or estate in dower or by 
the curtesy or any a marital interest or estate or statutory 
interest in lieu of dower or by the curtesy therein, or by 
anyone claiming, by, through, or under any such the person, 
where it appears that if the husband or wife spouse of such 
the person conveyed such the real property, or any interest 
therein, by a conveyance in writing, prior to the first day of 
January 1975 in the property; or 
    (2) an and no action shall be maintained for the recovery 
of title to or possession of real property, or of any a right 
therein, or the possession thereof, in real property by any a 
person claiming by reason of the failure of a spouse to join in 
a conveyance of land which constituted real property that was 
the homestead of the grantor at the time of the conveyance where 
such conveyance was made prior to January 1, 1975, unless such 
action shall be commenced on or prior to the first day of 
January 1988, and notice thereof filed for record at the time of 
the commencement of said action in the office of the county 
recorder in the county where said real property is situate. 
    Subd. 2.  [INCHOATE INTERESTS.] An inchoate estate or 
statutory interest in lieu of dower or curtesy in real property 
in this state that is conveyed in writing by the spouse of the 
person entitled to the inchoate estate or interest is abolished 
if the conveyance has been recorded with the county recorder or 
registrar of titles of the county where the real property is 
located for 15 years or longer.  This subdivision does not 
affect an inchoate estate or statutory interest in lieu of dower 
or curtesy if an action is commenced and a notice of lis pendens 
is filed with the county recorder or registrar of titles in the 
county where the property is located during the 15-year period. 
    Sec. 2.  Laws 1991, chapter 4, section 1, is amended to 
read:  
    Section 1.  [507.411] [SATISFACTION AND RELEASE OF 
MORTGAGES; CORPORATE NAME OR IDENTITY CHANGE.] 
    When a change in the name or identity of a corporate 
mortgagee or assignee of the mortgagee is caused by or results 
from a corporate merger, consolidation, amendment to charter or 
articles of incorporation, or conversion of articles of 
incorporation or charter from federal to state charter or, from 
state to federal charter, or from one form of entity to another, 
a mortgage satisfaction or release that is otherwise recordable 
and that specifies, in both the body and acknowledgment, the 
merger, consolidation, amendment, or conversion event causing 
the change in name or identity is in recordable form.  The 
satisfaction or release is entitled to be recorded in the office 
of the county recorder or filed with the registrar of titles, 
without further evidence of corporate merger, consolidation, 
amendment of charter or articles of incorporation, or 
conversion.  For purposes of satisfying or releasing the 
mortgage, the satisfaction or release is prima facie evidence of 
the facts stated in it with respect to the corporate merger, 
consolidation, amendment of charter or articles of 
incorporation, or conversion, and the county recorder and the 
registrar of titles shall rely upon it to satisfy or release the 
mortgage. 
    Sec. 3.  [EXTENSION OF TIME FOR CERTAIN ACTIONS.] 
    Notwithstanding section 1, a person whose claim would be 
barred by section 1, subdivision 1, or a person whose estate or 
interest would be abolished by section 1, subdivision 2, may 
commence an action and file a notice of lis pendens on or before 
March 1, 1992. 
    Sec. 4.  [REPEALER.] 
    Minnesota Statutes 1990, section 519.09, is repealed. 
    Sec. 5.  [EFFECTIVE DATE.] 
    Sections 1 to 4 are effective the day following final 
enactment.  Section 1 applies to all inchoate or vested 
interests or estates existing on or created on or after the 
effective date. 
    Presented to the governor May 20, 1991 
    Signed by the governor May 22, 1991, 5:46 p.m.