2002 Minnesota Statutes

     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