language to be deleted (2) new language
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 Noaction for the recovery of title to or possession of real property ,or of anya right therein, or the possession thereof, shall be maintained by anyin the property based on a person having anya marital interest or estate in dower or by thecurtesy or anya marital interest or estate or statutory interest in lieu of dower or by thecurtesy therein, or by anyone claiming ,by, through, or under any suchthe person, where it appears thatif the husband or wifespouse of suchthe person conveyed suchthe real property, or any interest therein, by a conveyance in writing, prior to the first day of January 1975in the property; or (2) an and noaction shall be maintainedfor the recovery of title to or possession of real property ,or of anya right therein, or the possession thereof,in real property by anya person claiming by reason of the failure of a spouse to join in a conveyance of land which constitutedreal 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 corporatemerger, 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.
Official Publication of the State of Minnesota
Revisor of Statutes