1997 Minnesota Statutes

     508A.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 CPT 
 shall be entered or issued, and no memorial shall be made upon 
 any CPT 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 with 
 it, except upon the order of the court.  When an order or 
 directive is made, a memorial of it shall be entered, or a new 
 CPT issued as directed.  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 CPT shall authorize the 
 registrar to enter a new CPT or to make a memorial of 
 registration in accordance with the instrument, and the new CPT 
 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 the 
 fraud, without prejudice to the rights of any innocent holder 
 for value of a CPT.  

    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 CPT 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 CPT or 
 to make a memorial of registration in accordance with the 
 instrument, and the new CPT 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 CPT. 

    HIST: 1982 c 396 s 44; 1986 c 444; 1994 c 388 art 3 s 17; 1995 
 c 92 s 3