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508.67 Acquiring title by action; new certificate.

Subdivision 1. Court order. Upon the expiration of the time allowed by law for redemption of registered land, after it has been set off, or sold on execution, or taken or sold for the enforcement of any lien, or charge of any nature, the person who claims under such execution, or under any certificate, deed, or other instrument made in the course of proceedings to enforce such execution or lien, may apply to the court for an order directing the entry of a new certificate to that person, and upon such notice as the court may require, the petition shall be heard and a proper order rendered therein. In case the claim of title is based upon a tax certificate, tax or assessment deed, the petition shall be filed with the court administrator, who shall docket the same in the land registration docket. The petition shall be referred to the examiner of titles for examination and report in like manner as herein provided for the reference of initial applications for registration. The summons shall be issued in the form and served in the manner as in initial applications. The petition shall be heard by the court and the petitioner shall be required to show affirmatively that all the requirements of the statute to entitle the petitioner to register the title have been complied with. The order shall show the condition of the title to such land and who is the owner thereof. It shall provide, if the petitioner is found to be the owner, for the cancellation of the outstanding certificate of title and the registrar shall issue a new certificate of title for the land in lieu and in place of the outstanding certificate upon presentation to the registrar of a duly certified copy of such order, according to its terms.

Subd. 2. Examiner of titles directive. Any person holding title to registered land pursuant to forfeiture evidenced by a county auditor's certificate of forfeiture, or auditor's certificate of sale or state assignment certificate that has been memorialized upon a certificate of title for at least ten years is entitled to a new certificate of title for the land, or so much of the land as may be described in the forfeiture documents. The registrar shall enter the new certificate of title only pursuant to court order or upon the written directive of the examiner of titles as to the legal sufficiency of the forfeiture. 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 forfeiture.

HIST: (8313) RL s 3435; 1905 c 305 s 65; 1927 c 112 s 5; 1957 c 168 s 1; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1992 c 463 s 10; 1999 c 11 art 1 s 32

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Revisor of Statutes