§ 508.48

In Re Collier · 2007 2 citations

In 1901, the Minnesota legislature adopted an alternative to the abstract system — the Torrens system. See Act of Apr. 11, 1901, ch. 237, 1901 Minn. Laws 348. The Torrens Act is codified at Minn. Stat. ch. 508. Under the Torrens system, a party seeking to register an ownership interest in property applies for a court adjudication of ownership and a court decree that converts abstract property into Torrens property. See Minn. Stat. § 508.22 (2004). A court-appointed officer, the examiner of titles, oversees the registration process. Minn. Stat. §§ 508.12, 508.13 (2004). After the court adjudicates ownership and any other existing interests in the property, the registrar of titles creates a certificate of title, which is issued to the owner. See Minn. Stat. §§ 508.34, 508.35 (2004). After the issuance of a certificate of title, any conveyance, lien, instrument, or proceeding that would affect the title to the now registered Torrens property must be filed and registered with the registrar of titles in the county where the property is located in order to affect the title to the Torrens property. Minn. Stat. § 508.48 (2004).

In 1901, the Minnesota legislature adopted an alternative to the abstract system — the Torrens system. See Act of Apr. 11, 1901, ch. 237, 1901 Minn. Laws 348. The Torrens Act is codified at Minn. Stat. ch. 508. Under the Torrens system, a party seeking to register an ownership interest in property applies for a court adjudication of ownership and a court decree that converts abstract property into Torrens property. See Minn. Stat. § 508.22 (2004). A court-appointed officer, the examiner of titles, oversees the registration process. Minn. Stat. §§ 508.12, 508.13 (2004). After the court adjudicates ownership and any other existing interests in the property, the registrar of titles creates a certificate of title, which is issued to the owner. See Minn. Stat. §§ 508.34, 508.35 (2004). After the issuance of a certificate of title, any conveyance, lien, instrument, or proceeding that would affect the title to the now registered Torrens property must be filed and registered with the registrar of titles in the county where the property is located in order to affect the title to the Torrens property. Minn. Stat. § 508.48 (2004).

In re Mortgage Electronic Registration Systems, Inc. · 2013 1 citation

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Somsen, Mueller, Lowther & Franta, PA v. Estates of Olsen · 2010 2 citations

+ 2 more citations in this opinion.

Phillips v. Dolphin · 2009 1 citation

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Imperial Developers, Inc. v. Calhoun Development, LLC · 2009 2 citations

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In Re Collier · 2006 1 citation

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Petition of Willmus · 1997 2 citations

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Petition of alchemedes/brookwood, Ltd. · 1996 1 citation

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DAVID-THOMAS COMPANIES, INC. v. Voss · 1994 1 citation

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Andrews v. Benson · 1991 1 citation

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Fingerhut Corp. v. Suburban National Bank · 1990 2 citations

Minn. Stat. § 508.48 (1988) (emphasis added). Suburban argues that a notice of lis pendens, treated “in like manner” with respect to registered or abstract property, is ineffective against an earlier executed but later recorded mortgage agreement. This assertion turns the law inside out. What must be treated “in like manner” is the instrument registered against Torrens property, not the condition of the title. Suburban’s argument, that registration is not the operative act, would render meaningless much of Minn. Stat. ch. 508.

Minn. Stat. § 508.48 (1988) (emphasis added). Suburban argues that a notice of lis pendens, treated “in like manner” with respect to registered or abstract property, is ineffective against an earlier executed but later recorded mortgage agreement. This assertion turns the law inside out. What must be treated “in like manner” is the instrument registered against Torrens property, not the condition of the title. Suburban’s argument, that registration is not the operative act, would render meaningless much of Minn. Stat. ch. 508.

Nolan v. Stuebner · 1988 1 citation

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United States v. 392 Lexington Parkway South, St. Paul · 2005 2 citations

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