1997 Minnesota Statutes

     508.58 Registration after foreclosure; new certificate. 

    Subdivision 1.    Court order.  Any person who has, by 
 an action or other proceeding to enforce or foreclose a 
 mortgage, lien, or other charge upon registered land, become the 
 owner in fee of the land, or any part thereof, may have the 
 title registered.  Except as provided in subdivision 2, the 
 owner shall apply by duly verified petition to the court for a 
 new certificate of title to such land, and the court shall 
 thereupon, after due notice to all parties in interest and upon 
 such hearing as the court may direct, make an order for the 
 issuance of a new certificate of title to the person entitled 
 thereto, and the registrar shall thereupon enter a new 
 certificate of title to the land, or of the part thereof to 
 which the petitioner is entitled, and issue an owner's duplicate 
 as in the case of a voluntary conveyance.  

    Subd. 2.    Examiner of titles directive.  Any person 
 who has become the owner in fee of registered land, or any part 
 of the land, pursuant to a mortgage foreclosure by action under 
 chapter 581 is entitled to a new certificate of title for the 
 land described in the sheriff's certificate of sale or so much 
 of the land as may be described in the certificate of title, 
 after the redemption period expires.  The registrar shall enter 
 the new certificate of title and issue a new owner's duplicate 
 certificate only pursuant to the court order provided in 
 subdivision 1 or upon the written directive of the examiner of 
 titles as to the legal sufficiency of the mortgage foreclosure 
 proceeding.  The directive of the examiner of titles also must 
 specify the instruments the registrar shall omit from the new 
 certificate of title by virtue of the foreclosure.  

    At the request of a registered owner or other person in 
 interest, the examiner of titles by a written directive may 
 direct the registrar of titles to show by memorial on a 
 certificate of title that a contract for the conveyance of a 
 time share interest, as defined in section 515B.1-103(32), has 
 been terminated in accordance with chapter 559.  The directive 
 also must specify the instruments the registrar shall omit from 
 the next certificate of title because of the cancellation. 

    HIST: (8304) RL s 3426; 1905 c 305 s 56; 1986 c 444; 1992 c 
 463 s 8; 1994 c 388 art 5 s 1