§ 507.34
Citing Cases (45)
Minnesota Supreme Court
Amos Graves v. Michael Wayman, First Minnesota Bank · 2015 11 citations
+ 11 more citations in this opinion.
Riverview Muir Doran, LLC v. JADT Development Group, LLC · 2010 1 citation
+ 1 more citation in this opinion.
Citizens State Bank v. Raven Trading Partners, Inc. · 2010 18 citations
+ 18 more citations in this opinion.
MidCountry Bank v. Krueger · 2010 1 citation
+ 1 more citation in this opinion.
Mavco, Inc. v. Eggink · 2007 3 citations
+ 3 more citations in this opinion.
Bruggeman v. Jerry's Enterprises, Inc. · 1999 1 citation
+ 1 more citation in this opinion.
Home Lumber Co. v. Kopfmann Homes, Inc. · 1995 1 citation
+ 1 more citation in this opinion.
Chergosky v. Crosstown Bell, Inc. · 1990 1 citation
+ 1 more citation in this opinion.
Miller v. Hennen · 1989 2 citations
The trial court and court of appeals’ decisions are based on an application of the Minnesota Recording Act, Minn. Stat. § 507.34 (1986). The Recording Act provides, in pertinent part:
The trial court and court of appeals’ decisions are based on an application of the Minnesota Recording Act, Minn. Stat. § 507.34 (1986). The Recording Act provides, in pertinent part:
Lucas v. Independent School District No. 284 · 1988 1 citation
+ 1 more citation in this opinion.
Marriage of Oldewurtel v. Redding · 1988 2 citations
+ 2 more citations in this opinion.
Staples v. Miller · 1982 1 citation
+ 1 more citation in this opinion.
Minnesota Court of Appeals
ROA Rochester v. City of Byron · 2024 1 citation
+ 1 more citation in this opinion.
State of Minnesota, by its Commissioner of Transportation v. Robert P. Carlson, North Shore Federal Credit Union, Below. · 2015 2 citations
+ 2 more citations in this opinion.
Graves v. Wayman · 2012 1 citation
+ 1 more citation in this opinion.
Slattengren & Sons Properties, LLC v. RTS River Bluff, LLC · 2011 2 citations
+ 2 more citations in this opinion.
MidCountry Bank v. Krueger · 2009 1 citation
+ 1 more citation in this opinion.
Washington Mutual Bank, F.A. v. Elfelt · 2008 6 citations
+ 6 more citations in this opinion.
Simons v. Shiltz · 2007 1 citation
+ 1 more citation in this opinion.
Stone v. Jetmar Properties, LLC · 2007 4 citations
+ 4 more citations in this opinion.
Ripley v. Piehl · 2005 1 citation
+ 1 more citation in this opinion.
Chaney v. Minneapolis Community Development Agency · 2002 2 citations
+ 2 more citations in this opinion.
Nussbaumer v. Fetrow · 1996 2 citations
+ 2 more citations in this opinion.
Claflin v. Commercial State Bank of Two Harbors · 1992 1 citation
Minnesota law requires every conveyance of real estate to be recorded; unrecorded conveyances shall be void against any subsequent purchaser in good faith for valuable consideration. Minn. Stat. § 507.34 (1990). Under the recording *248 act, a purchaser in good faith is one who gives consideration without actual, implied or constructive notice of the inconsistent outstanding rights of others. Miller v. Hennen, 438 N.W.2d 366, 369 (Minn.1989). The purpose of the recording act is to protect those who purchase real estate in reliance upon the record. Id.
Levine v. Bradley Real Estate Trust · 1990 2 citations
+ 2 more citations in this opinion.
Chergosky v. Crosstown Bell, Inc. · 1990 1 citation
+ 1 more citation in this opinion.
Hentges v. P.H. Feely & Son, Inc. · 1989 1 citation
+ 1 more citation in this opinion.
Nunnelee v. Schuna · 1988 2 citations
+ 2 more citations in this opinion.
Miller v. Hennen · 1988 1 citation
+ 1 more citation in this opinion.
Redding v. Oldewartel · 1987 1 citation
+ 1 more citation in this opinion.
Howard, McRoberts & Murray v. Starry · 1986 1 citation
+ 1 more citation in this opinion.
U.S. District Court, D. Minnesota
Lighthouse Management Group, Inc. v. Deutsche Bank Trust Company Americas · 2019 2 citations
+ 2 more citations in this opinion.
County of Ramsey v. MERSCORP Holdings, Inc. · 2013 4 citations
+ 4 more citations in this opinion.
United States v. 392 Lexington Parkway South, St. Paul · 2005 2 citations
+ 2 more citations in this opinion.
Thomson v. United States · 1994 6 citations
+ 6 more citations in this opinion.
Northwestern National Life Insurance Co. v. Metro Square (In Re Metro Square) · 1989 4 citations
+ 4 more citations in this opinion.
U.S. Bankruptcy Court, Bankr. D. Minnesota
Sullivan v. Welsh (In Re Lumbar) · 2011 4 citations
+ 4 more citations in this opinion.
Iannacone v. Household Industrial Finance Co. (In Re Stepka) · 2010 2 citations
+ 2 more citations in this opinion.
Ries v. Ibach (In Re Ibach) · 2008 2 citations
+ 2 more citations in this opinion.
Linquist v. Household Industrial Finance Co. (In Re Vondall) · 2006 2 citations
+ 2 more citations in this opinion.
Bergquist v. Fidelity Mortgage Decisions Corp. (In Re Alexander) · 1998 2 citations
+ 2 more citations in this opinion.
+ 2 more citations in this opinion.
Northwestern National Life Insurance v. Metro Square (In Re Metro Square) · 1988 2 citations
+ 2 more citations in this opinion.
Bergquist v. Anderson-Greenwood Aviation Corp. (In Re Bellanca Aircraft Corp.) · 1985 2 citations
. Plaintiff seeks to distinguish this line of cases by asserting that these decisions establish only that a judicial lien creditor cannot obtain an interest in property which his debtor has transferred in a perfected transfer. In re Juran, 178 Minn. 55, 226 N.W. 201 (1929), cited by Plaintiff, supports his position so far as it relates to transfers of real property. Such transfers are presently governed by the recording act, Minn. Stat. § 507.34 (1984), which explicitly protects the interests of attaching creditors or judicial lienholders. That provision, however, finds no application with respect to personal property. Moreover, in light of my decision that the recording provision under the Federal Aviation Act affords no protection to judicial lien creditors, I find Plaintiffs distinction unpersuasive.
. Plaintiff seeks to distinguish this line of cases by asserting that these decisions establish only that a judicial lien creditor cannot obtain an interest in property which his debtor has transferred in a perfected transfer. In re Juran, 178 Minn. 55, 226 N.W. 201 (1929), cited by Plaintiff, supports his position so far as it relates to transfers of real property. Such transfers are presently governed by the recording act, Minn. Stat. § 507.34 (1984), which explicitly protects the interests of attaching creditors or judicial lienholders. That provision, however, finds no application with respect to personal property. Moreover, in light of my decision that the recording provision under the Federal Aviation Act affords no protection to judicial lien creditors, I find Plaintiffs distinction unpersuasive.
Joanis v. Wayzata Bank & Trust Co. (In Re Investment Sales Diversified, Inc.) · 1985 2 citations
+ 2 more citations in this opinion.