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508A.22 Examiner's directive; supplemental directives; fees.

Subdivision 1. Directive. The examiner of titles, upon being satisfied that the applicant is entitled to a CPT, but not earlier than 20 days from the date of mailing of the notice required by section 508A.13, shall issue a written directive to the registrar of titles directing that the first CPT be issued and entered in the name of the applicant, subject only to the following: (a) the exceptions set out in section 508A.25; (b) all outstanding rights, titles, estates, liens, and interests set forth in the examiner's report; and (c) the rights of persons in possession, if any, and any rights which would be disclosed by a survey. The examiner's directive shall contain an accurate description of the land and shall set forth the address of the applicant and, if the applicant be an individual, whether the applicant is 18 years of age or older, and whether married or unmarried, and if married, the name of the spouse; if the applicant is under any legal incapacity, the nature of it shall be stated. From the date of filing the examiner's directive with the registrar of titles, all instruments affecting title to the land which are registered shall be filed in the office of the registrar of titles and be memorialized upon the CPT.

Subd. 2. Supplemental directive. When the directive has been issued pursuant to subdivision 1, the abstract of title shall be continued through the date the directive was filed with the registrar of titles and then delivered to the examiner. On determining that the applicant is the record owner after an examination of the continued abstract and the public records, the examiner shall issue a supplemental directive to the registrar of titles directing the registrar to show by memorial that the five year statute of limitations provided by section 508A.17 will begin on the date the supplemental directive is filed on the CPT, to show as memorials any additional liens, encumbrances, or other interests affecting the land, and to delete the memorials of any liens, encumbrances or other interests which were satisfied, released or discharged prior to the issuance of the CPT. The supplemental directive of the examiner shall then be filed as a memorial upon the CPT. Each additional lien, encumbrance, or other interest noted in the supplemental directive shall be shown as a separate memorial on the CPT in addition to the memorial of the supplemental directive. The abstract of title shall be delivered to the registrar of titles who shall retain it, but it shall not be entered as a memorial on the CPT. Until the abstract of title has been delivered to the registrar of titles, the registrar shall not accept for filing any instrument executed by the registered owner.

Subd. 3. Fees. Upon the filing with the registrar of titles of the examiner's directive pursuant to subdivision 1, there shall be paid to the registrar: (1) the fee provided by section 508A.82, clause (2), for registering a first CPT, and (2) the fee provided by section 508.74, which shall be paid to the state treasurer pursuant to section 508.75. Upon filing with the registrar of titles the supplemental directive of the examiner, there shall be paid to the registrar of titles the fee for the entry of a memorial pursuant to section 508A.82, clause (4).

HIST: 1982 c 396 s 17; 1986 c 444; 1994 c 388 art 3 s 4; 1999 c 11 art 1 s 43,44

Official Publication of the State of Minnesota
Revisor of Statutes