2006 Minnesota Statutes

514.12 NOTICE OF LIS PENDENS.
    Subdivision 1. Recording. At the beginning of the action the plaintiff shall file for record
with the county recorder or, if registered land, with the registrar of titles of the county in which it
is brought, and of the several counties if the lien be claimed under section 514.04, a notice of the
pendency thereof, embracing therein a copy of the summons, omitting the caption.
    Subd. 2. One action for all. After such filing, no other action shall be commenced for the
enforcement of any lien arising from the improvement described, but all such lienholders shall
intervene in the original action by answer, as provided in section 514.11. Any such lienholder not
named as a defendant may answer the complaint and be admitted as a party. If more than one
action shall be commenced in good faith, all shall be consolidated and tried as one, under such
order of the court as may best protect the rights of all parties concerned.
    Subd. 3. One-year limitation. No lien shall be enforced in any case unless the holder thereof
shall assert the same, either by filing a complaint or answer with the court administrator, within
one year after the date of the last item of the claim as set forth in the recorded lien statement; and,
no person shall be bound by any judgment in such action unless made a party thereto within the
year; and, as to a bona fide purchaser, mortgagee, or encumbrancer without notice, the absence
from the record of a notice of lis pendens of an action after the expiration of the year in which the
lien could be so asserted shall be conclusive evidence that the lien may no longer be enforced
and, in the case of registered land, the registrar of titles shall refrain from carrying forward to
new certificates of title the memorials of lien statements when no such notice of lis pendens has
been registered within the period.
History: (8501) RL s 3515; 1933 c 362 s 1; 1945 c 4 s 1; 1975 c 116 s 1; 1976 c 181 s
2; 1986 c 444; 1990 c 575 s 6; 1995 c 5 s 2