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Subdivision 1.Compensation for loss or damage.
Any person who, without negligence on that person's part, sustains any loss or damage by reason of any omission, mistake or misfeasance of the registrar or the registrar's deputy, or of any examiner or of any court administrator, or of a deputy of the court administrator or examiner, in the performance of their respective duties under this law, and any person who, without negligence on that person's part, is wrongfully deprived of any land or of any interest therein by the registration thereof, or by reason of the registration of any other person, as the owner of such land, or by reason of any mistake, omission, or misdescription in any certificate of title, or in any entry or memorial, or by any cancellation, in the register of titles, and who, by the provisions of this law, is precluded from bringing an action for the recovery of such land, or of any interest therein, or from enforcing any claim or lien upon the same, may institute an action in the district court to recover compensation out of the general fund for such loss or damage.
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Subd. 2.Documents misfiled.
The registrar may reasonably rely on the affirmative representation of the party presenting instruments for filing as to whether the land described in the instruments or any part of it is registered or unregistered. A party who requests that misfiled instruments be refiled with the registrar is responsible for paying any additional fees required to properly file any instrument misfiled because of an incorrect representation and, if applicable, to enter a new certificate of title.
Notes of Decisions
Imperial Developers, Inc. v. Calhoun Dev., LLC, 790 N.W.2d 146 (Minn. 2010).
· cites it 6× “Southview and Scherer Brothers argue that public policy supports their favored construction because BankFirst may have a remedy under the Torrens general assurance fund established by Minn.Stat. § 508.76 (2008). Section 508.76, subdivision 1, states: “Any person who, without…”
Zahradka v. State, Off. of the State Treasurer, 515 N.W.2d 611 (Minn. Ct. App. 1994).
· cites it 16× “Respondents then initiated this action against appellant Office of the State Treasurer, State of Minnesota, under Minn.Stat. § 508.76 (1992) for compensation for their losses due to the error in the Torrens registration.”
Imperial Developers, Inc. v. Calhoun Dev., LLC, 775 N.W.2d 895 (Minn. Ct. App. 2009).
· cites it 4× “Minn.Stat. § 508.76, subd. 1 (2008) provides: Any person who, without negligence on that person's part, sustains any loss or damage by reason of any omission, mistake or misfeasance of the registrar.”
Kane v. State, 55 N.W.2d 333 (Minn. 1952).
“Plaintiffs also argue that if defendants have been damaged their exclusive remedy is an action for damages against the registered land assurance fund, as provided in § 508.76, as follows: *266 “Any person who, without negligence on his part, sustains any loss or damage by reason…”
Salcedo v. Uecker (D. Minnesota 2023).
· cites it 10× “Minn. Stat. §§ 508.76 -.77. Defendant Schowalter oversees the statutory assurance fund (the “Torrens fund”) for transactions involving Torrens-registered land.”
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