1997 Minnesota Statutes

     508.51 When owner's duplicate must be presented; 
  exceptions. 

    Subdivision 1.    If voluntary instrument; exception:  
 court order.  Except as provided in subdivision 2, no new 
 certificate of title shall be entered or issued, and no memorial 
 shall be made upon any certificate of title in pursuance of any 
 deed or other voluntary instrument made by the registered owner 
 or the registered owner's attorney-in-fact, unless the owner's 
 duplicate is presented therewith, except upon the order of the 
 court.  When such order is made, a memorial thereof shall be 
 entered, or a new certificate issued as directed thereby.  The 
 registrar shall require that the owner's duplicate be presented 
 only when an instrument is submitted for filing that is executed 
 by the registered owner or the registered owner's 
 attorney-in-fact.  When any voluntary instrument made by the 
 registered owner or the registered owner's attorney-in-fact is 
 presented for registration the production of the owner's 
 duplicate certificate shall authorize the registrar to enter a 
 new certificate or to make a memorial of registration in 
 accordance with such instrument, and the new certificate or 
 memorial shall be binding upon the registered owner and upon all 
 persons claiming under the registered owner in favor of every 
 purchaser for value and in good faith.  In all cases of 
 registration which are procured by fraud, the owner may pursue 
 all legal and equitable remedies against the parties to such 
 fraud, without prejudice to the rights of any innocent holder 
 for value of a certificate of title. 

    Subd. 2.    Exception:  instrument for government agency. 
  A deed or other voluntary instrument, made by the registered 
 owner or the registered owner's attorney-in-fact, in favor of 
 the United States of America, this state, or any political 
 subdivision, agency, or instrumentality of the United States of 
 America or this state must be accepted for registration 
 regardless of whether the owner's duplicate is presented with 
 it.  The execution of a deed or other voluntary instrument by 
 the registered owner or the registered owner's attorney-in-fact 
 authorizes the registrar to enter a new certificate or to make a 
 memorial of registration in accordance with the instrument, and 
 the new certificate or memorial is binding upon the registered 
 owner and upon all persons claiming under the registered owner 
 in favor of every purchaser for value and in good faith.  In all 
 cases of registration that are procured by fraud, the owner may 
 pursue all legal and equitable remedies against the parties to 
 the fraud, without prejudice to the rights of any innocent 
 holder for value of a certificate of title.  

    HIST: (8297) RL s 3419; 1905 c 305 s 49; 1986 c 444; 1994 c 
 388 art 3 s 16; 1995 c 92 s 2