reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 508A — Registration Of Land Without Court Proceedings › Section 508A.80 — Fraudulent Instrument Or Entry; Penalty.

508A.80 FRAUDULENT INSTRUMENT OR ENTRY; PENALTY.
Whoever fraudulently procures, or assists in fraudulently procuring, or is privy to the fraudulent procurement of any CPT or other instrument or of any entry in the register of titles, CPT, or other book kept in the office of any registrar, or of any erasure or alteration in any entry in any of these books, or in any instrument authorized by sections 508A.01 to 508A.85, or knowingly defrauds, or is privy to defrauding, any person by means of a false or fraudulent instrument, certificate, statement, or affidavit affecting land registered under sections 508A.01 to 508A.85 is guilty of a felony punishable by a fine not exceeding $10,000, or by imprisonment not exceeding five years, or by both.
History:
1982 c 396 s 71; 1984 c 628 art 3 s 11
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 508A — Registration Of Land Without Court Proceedings › Section 508A.836 — Disposal Of Certain Affidavits.

508A.836 DISPOSAL OF CERTAIN AFFIDAVITS.
The registrar of titles is authorized to destroy affidavits of grantees and purchasers or of the person acting on their behalf, which are more than five years old.
History:
1982 c 396 s 74
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 508A — Registration Of Land Without Court Proceedings › Section 508A.84 — Instruments Of Encumbrance; Disposal.

508A.84 INSTRUMENTS OF ENCUMBRANCE; DISPOSAL.
The registrar of titles is authorized to destroy instruments of encumbrance which have been satisfied of record or extinguished by operation of law for a period of five years, together with the assignments and satisfactions of them. When the discharge of an encumbrance is by virtue of a judicial or statutory sale, the instruments evidencing the encumbrance of the foreclosure of it, shall not be destroyed until six months after entry of an unappealed order for issuance of a new CPT to the purchaser at the sale or to the purchaser's assignee. Nothing herein contained shall relieve the registrar from maintaining the books and index records required under sections 508A.34 and 508A.37.
History:
1982 c 396 s 75; 1986 c 444
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 508A — Registration Of Land Without Court Proceedings › Section 508A.85 — Changeover From Cpt To Certificate Of Title.

508A.85 CHANGEOVER FROM CPT TO CERTIFICATE OF TITLE.
Subdivision 1.
Owner's election.
The owner of an outstanding CPT, at the owner's election, may apply to the district court at any time to commence a registration in accordance with the provisions of chapter 508.
Subd. 2.
Registrar to issue certificate of title.
Subsequent to the expiration of the five-year period set forth in section 508A.17, upon the filing of any instrument transferring title from the registered owner of the CPT to another, the registrar of titles shall issue a certificate of title and cancel the CPT.
Subd. 3.
Changeover at request of owner.
Subsequent to the expiration of the five-year period set forth in section 508A.17, any registered owner of a CPT may request a changeover, and upon payment of the fee for an exchange as specified in section 508A.82, subdivision 1, clause (6), the registrar shall issue a certificate of title and cancel the CPT.
Subd. 4.
Changeover, memorials on certificate of title.
Any certificate of title issued pursuant to this section shall carry forward all memorials which still affect the land. It shall be made subject to all statutory exceptions and be issued in the same form as provided in section 508.35, except that, in lieu of reciting that the certificate of title was issued pursuant to the order of the district court, the certificate of title shall recite that it was issued pursuant to the provisions of this section and recite the date the certificate of title was issued for the land involved. The memorial of the examiner's directive on the CPT pursuant to section 508A.22 shall not be removed without an order of the district court.
Subd. 5.
Integration.
A certificate of title issued pursuant to subdivisions 2 and 3 shall be integrated by the registrar of titles with the certificates of title created by an adjudication pursuant to chapter 508, and shall be subject to all provisions of chapter 508.
History:
1982 c 396 s 76; 1986 c 444; 1992 c 463 s 27; 1996 c 338 art 1 s 10; 1999 c 11 art 1 s 69,70; 2001 c 50 s 27
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 510 — Homestead Exemption › Section 510.01 — Homestead Defined; Exempt; Exception.

510.01 HOMESTEAD DEFINED; EXEMPT; EXCEPTION.
The house owned and occupied by a debtor as the debtor's dwelling place, together with the land upon which it is situated to the amount of area and value hereinafter limited and defined, shall constitute the homestead of such debtor and the debtor's family, and be exempt from seizure or sale under legal process on account of any debt not lawfully charged thereon in writing, except such as are incurred for work or materials furnished in the construction, repair, or improvement of such homestead, or for services performed by laborers or servants and as is provided in section 550.175.
History:
(8336) RL s 3452; 1986 c 444; 1993 c 79 s 1
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 510 — Homestead Exemption › Section 510.02 — Area And Value; How Limited.

510.02 AREA AND VALUE; HOW LIMITED.
Subdivision 1.
Exemption.
The homestead may include any quantity of land not exceeding 160 acres. The exemption per homestead, whether the exemption is claimed by one or more debtors, may not exceed $480,000 or, if the homestead is used primarily for agricultural purposes, $1,200,000, exclusive of the limitations set forth in section 510.05.
Subd. 2.
Adjustment of dollar amounts.
The dollar amounts in subdivision 1 must change periodically in the manner provided for under section 550.37, subdivision 4a. The commissioner of commerce shall include the changes in the dollar amounts as part of the announcement and publication made under those provisions.
History:
(8337) RL s 3453; 1907 c 335 s 1; 1969 c 414 s 1; 1973 c 123 art 5 s 7; 1986 c 398 art 16 s 1; 1993 c 79 s 2; 2007 c 105 s 2; 2007 c 106 s 11; 2013 c 135 art 2 s 8
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 510 — Homestead Exemption › Section 510.03 — Existing Exemption Not Affected By Changes.

510.03 EXISTING EXEMPTION NOT AFFECTED BY CHANGES.
As against debts which are not a lien upon such property the area of the homestead shall not be reduced or enlarged by reason of any change in the population of the place in which it is situated, by extending the limits of an incorporated place so as to include the same or by the platting of surrounding or adjoining lands or the vacation of existing plats.
History:
(8338) RL s 3454; 1951 c 346 s 1
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 510 — Homestead Exemption › Section 510.04 — Title May Be In Either Spouse; Equitable Title Exempt.

510.04 TITLE MAY BE IN EITHER SPOUSE; EQUITABLE TITLE EXEMPT.
If the debtor be married the homestead title may be vested in either spouse, and the exemption shall extend to the debts of either or of both. Any interest in the land, whether legal or equitable, shall constitute ownership, within the meaning of this chapter, and the dwelling house so owned and occupied shall be exempt, though situated on the land of another.
History:
(8339) RL s 3455; 1986 c 444
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 510 — Homestead Exemption › Section 510.05 — Limitations.

510.05 LIMITATIONS.
The amount of the homestead exemption shall not be reduced by and shall not extend to any mortgage lawfully obtained thereon, to any valid lien for taxes or assessments, to a claim filed pursuant to section 246.53 or 256B.15, to any charge arising under the laws relating to laborers or material suppliers' liens or to any charge obtained under section 481.13 pursuant to a valid waiver of the homestead exemption.
History:
(8340) RL s 3456; 1982 c 621 s 1; 1982 c 641 art 1 s 18; 1986 c 444; 2007 c 105 s 3; 2007 c 106 s 12; 2008 c 341 art 5 s 2
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 510 — Homestead Exemption › Section 510.06 — Exemption Not Lost By Death Or Desertion.

510.06 EXEMPTION NOT LOST BY DEATH OR DESERTION.
If the owner dies leaving a spouse or minor children constituting the owner's family surviving, the homestead exemption shall not be affected by the death. If the owner shall abscond, or otherwise desert the family, the spouse and the minor children comprising the family may retain the homestead, with all the rights of owners therein. They shall not have power to sell or mortgage it, except in cases expressly provided for by law.
History:
(8341) RL s 3457; 1981 c 31 s 10
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 510 — Homestead Exemption › Section 510.07 — Sale Or Removal Permitted; Insurance Proceeds; Notice.

510.07 SALE OR REMOVAL PERMITTED; INSURANCE PROCEEDS; NOTICE.
The owner may sell and convey the homestead without subjecting it, or the proceeds of such sale for the period of one year after sale, to any judgment or debt from which it was exempt in the owner's hands, except that the proceeds of the sale are not exempt from a judgment or debt for a court ordered child support or maintenance obligation in arrears. The proceeds of an insurance claim for an exempt homestead are exempt for one year. The owner may remove therefrom without affecting such exemption, if the owner does not thereby abandon the same as the place of abode. If the owner shall cease to occupy such homestead for more than six consecutive months the owner shall be deemed to have abandoned the same unless, within such period, the owner shall file with the county recorder of the county in which it is situated a notice, executed, witnessed, and acknowledged as in the case of a deed, describing the premises and claiming the same as the owner's homestead. In no case shall the exemption continue more than five years after such filing, unless during some part of the term the premises shall have been occupied as the actual dwelling place of the debtor or the debtor's family.
History:
(8342) RL s 3458; 1976 c 181 s 2; 1986 c 444; 1987 c 403 art 3 s 75; 1993 c 79 s 3
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 510 — Homestead Exemption › Section 510.08 — Selection After Levy.

510.08 SELECTION AFTER LEVY.
(a) If the premises so owned and occupied by the debtor or claimed under the debtor by another as exempt shall exceed the area herein prescribed, and the homestead shall not have been set apart as such and its boundaries defined, an attachment or execution may be levied upon the whole. Thereupon the person entitled to the benefits of such exemption shall deliver to the officer making the levy a description of the part claimed as exempt, and the remainder only shall be subject to the levy so made.
(b) If the premises so owned and occupied by the debtor or claimed under the debtor by another as exempt exceeds the value prescribed in section 510.02, an attachment or execution may be levied upon the whole.
History:
(8343) RL s 3459; 1986 c 444; 1993 c 79 s 4
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 510 — Homestead Exemption › Section 510.09 — Selection, How Made.

510.09 SELECTION, HOW MADE.
Such selection shall embrace the site of the dwelling and its appurtenances, shall be compact in form, and shall be so made as not unreasonably to affect the value of the remaining part. If the selection be not made within 20 days after notice of the levy, or if, when made, it be not satisfactory to the creditor procuring such levy, the sheriff shall cause such homestead to be set apart by a survey, beginning at a point designated by the claimant, or, if no such designation be made, at such point as the sheriff shall direct, and the cost of such survey shall be added to the debt and paid out of the proceeds of sale.
History:
(8344) RL s 3460
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 513 — Agreements Relating To Property › Section 513.01 — No Action On Agreement.

513.01 NO ACTION ON AGREEMENT.
No action shall be maintained, in either of the following cases, upon any agreement, unless such agreement, or some note or memorandum thereof, expressing the consideration, is in writing, and subscribed by the party charged therewith:
(1) every agreement that by its terms is not to be performed within one year from the making thereof;
(2) every special promise to answer for the debt, default or doings of another;
(3) every agreement, promise, or undertaking made upon consideration of marriage, except mutual promises to marry;
(4) every agreement, promise or undertaking to pay a debt which has been discharged by bankruptcy or insolvency proceedings.
History:
(8456) RL s 3483
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 513 — Agreements Relating To Property › Section 513.03 — Grants Of Trust, When Void.

513.03 GRANTS OF TRUST, WHEN VOID.
Every grant or assignment of any existing trust in goods or things in action, unless the same is in writing, subscribed by the party making the same, or by the party's lawfully authorized agent, shall be void.
History:
(8458) RL s 3486; 1986 c 444
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 513 — Agreements Relating To Property › Section 513.04 — Conveyance Of Interest In Land Except Up To One-year Lease.

513.04 CONVEYANCE OF INTEREST IN LAND EXCEPT UP TO ONE-YEAR LEASE.
No estate or interest in lands, other than leases for a term not exceeding one year, nor any trust or power over or concerning lands, or in any manner relating thereto, shall hereafter be created, granted, assigned, surrendered, or declared, unless by act or operation of law, or by deed or conveyance in writing, subscribed by the parties creating, granting, assigning, surrendering, or declaring the same, or by their lawful agent thereunto authorized by writing. This section shall not affect in any manner the power of a testator in the disposition of real estate by will; nor prevent any trust from arising or being extinguished by implication or operation of law.
History:
(8459) RL s 3487; 1986 c 444
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 513 — Agreements Relating To Property › Section 513.05 — Leases; Contracts For Sale Of Lands.

513.05 LEASES; CONTRACTS FOR SALE OF LANDS.
Every contract for the leasing for a longer period than one year or for the sale of any lands, or any interest in lands, shall be void unless the contract, or some note or memorandum thereof, expressing the consideration, is in writing and subscribed by the party by whom the lease or sale is to be made, or by the party's lawful agent thereunto authorized in writing; and no such contract, when made by an agent, shall be entitled to record unless the authority of such agent be also recorded.
History:
(8460) RL s 3488; 1986 c 444
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 513 — Agreements Relating To Property › Section 513.06 — Specific Performance.

513.06 SPECIFIC PERFORMANCE.
Nothing in this chapter contained shall abridge the power of courts of equity to compel the specific performance of agreements in cases of part performance thereof.
History:
(8461) RL s 3489
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 513 — Agreements Relating To Property › Section 513.07 — Logs; Extension Of Time Of Payment For Labor.

513.07 LOGS; EXTENSION OF TIME OF PAYMENT FOR LABOR.
Every agreement extending the time of payment for manual labor, performed or to be performed in cutting, hauling, banking, or driving logs, beyond the time of the completion of such labor, shall be void, unless such agreement, expressing the consideration, be in writing subscribed by the party to be charged therewith, and unless, at the time of making such agreement or completing such labor, the person for whom it is to be or has been performed deliver to such laborer a negotiable promissory note for payment of the agreed compensation, with interest. Every lien allowed by law on account of such labor shall pass by the transfer of such note, and be enforceable by the holder thereof.
History:
(8462) RL s 3490; 1986 c 444
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 513 — Agreements Relating To Property › Section 513.075 — Cohabitation; Property And Financial Agreements.

513.075 COHABITATION; PROPERTY AND FINANCIAL AGREEMENTS.
If sexual relations between the parties are contemplated, a contract between a man and a woman who are living together in this state out of wedlock, or who are about to commence living together in this state out of wedlock, is enforceable as to terms concerning the property and financial relations of the parties only if:
(1) the contract is written and signed by the parties; and
(2) enforcement is sought after termination of the relationship.
History:
1980 c 553 s 1
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 513 — Agreements Relating To Property › Section 513.076 — Necessity Of Contract.

513.076 NECESSITY OF CONTRACT.
Unless the individuals have executed a contract complying with the provisions of section 513.075, the courts of this state are without jurisdiction to hear and shall dismiss as contrary to public policy any claim by an individual to the earnings or property of another individual if the claim is based on the fact that the individuals lived together in contemplation of sexual relations and out of wedlock within or without this state.
History:
1980 c 553 s 2
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 513 — Agreements Relating To Property › Section 513.08 — Void When Made To Defraud, Exception.

513.08 VOID WHEN MADE TO DEFRAUD, EXCEPTION.
Every conveyance of any estate or interest in lands, or the rents and profits thereof, and every charge upon lands, or upon the rents and profits thereof, made or created with the intent to defraud prior or subsequent purchasers for a valuable consideration of the same lands, rents, or profits, as against any such purchasers, shall be void; but no conveyance or charge shall be deemed fraudulent, in favor of a subsequent purchaser who had actual or constructive notice thereof at the time of purchase, unless it appears that the grantee in such conveyance, or the person to be benefited by such charge, was privy to the intended fraud.
History:
(8463) RL s 3491; 1986 c 444
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 513 — Agreements Relating To Property › Section 513.09 — Provision To Revoke, Determine, Or Alter; When Void.

513.09 PROVISION TO REVOKE, DETERMINE, OR ALTER; WHEN VOID.
Every conveyance or charge of or upon any estate or interest in lands, containing any provision for the revocation, determination, or alteration of such estate or interest, or of any part thereof, at the will of the grantor, shall be void, as against subsequent purchasers from such grantor for a valuable consideration, of any estate or interest liable to be so revoked or determined, although the same is not expressly revoked, determined, or altered by such grantor, by virtue of the power reserved or expressed in such prior conveyance or charge.
History:
(8464) RL s 3492
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 513 — Agreements Relating To Property › Section 513.10 — Power Of Revocation, When Valid.

513.10 POWER OF REVOCATION, WHEN VALID.
When a power to revoke a conveyance of any lands, or of the rents and profits thereof, and to reconvey the same, is given to any person other than the grantor in such conveyance, and such person thereafter conveys the same land, rents, or profits to a purchaser for a valuable consideration, such subsequent conveyance shall be valid in the same manner and to the same extent as if the power of revocation was recited therein, and the intent to revoke the former conveyance expressly declared.
History:
(8465) RL s 3493
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 513 — Agreements Relating To Property › Section 513.11 — Premature Conveyance.

513.11 PREMATURE CONVEYANCE.
If a conveyance to a purchaser under either section 513.09 or 513.10 is made before the person making the same is entitled to execute power of revocation, it shall nevertheless be valid from the time the power of revocation actually vests in such person, in the same manner and to the same extent as if then made.
History:
(8466) RL s 3494; 1986 c 444
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 513 — Agreements Relating To Property › Section 513.33 — Credit Agreements.

513.33 CREDIT AGREEMENTS.
Subdivision 1.
Definitions.
For the purposes of this section, the following terms have the meanings given them:
(1) "credit agreement" means an agreement to lend or forbear repayment of money, goods, or things in action, to otherwise extend credit, or to make any other financial accommodation;
(2) "creditor" means a person who extends credit under a credit agreement with a debtor;
(3) "debtor" means a person who obtains credit or seeks a credit agreement with a creditor or who owes money to a creditor; and
(4) "signed" has the meaning specified in section 336.1-201(b)(37).
Subd. 2.
Credit agreements to be in writing.
A debtor may not maintain an action on a credit agreement unless the agreement is in writing, expresses consideration, sets forth the relevant terms and conditions, and is signed by the creditor and the debtor.
Subd. 3.
Actions not considered agreements.
(a) The following actions do not give rise to a claim that a new credit agreement is created, unless the agreement satisfies the requirements of subdivision 2:
(1) the rendering of financial advice by a creditor to a debtor;
(2) the consultation by a creditor with a debtor; or
(3) the agreement by a creditor to take certain actions, such as entering into a new credit agreement, forbearing from exercising remedies under prior credit agreements, or extending installments due under prior credit agreements.
(b) A credit agreement may not be implied from the relationship, fiduciary or otherwise, of the creditor and the debtor.
History:
1985 c 245 s 1; 1991 c 329 s 1; 2004 c 162 art 3 s 10
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 513 — Agreements Relating To Property › Section 513.42 — Insolvency.

513.42 INSOLVENCY.
(a) A debtor is insolvent if, at a fair valuation, the sum of the debtor's debts is greater than the sum of the debtor's assets.
(b) A debtor that is generally not paying the debtor's debts as they become due other than as a result of a bona fide dispute is presumed to be insolvent. The presumption imposes on the party against which the presumption is directed the burden of proving that the nonexistence of insolvency is more probable than its existence.
(c) Assets under this section do not include property that has been transferred, concealed, or removed with intent to hinder, delay, or defraud creditors or that has been transferred in a manner making the transfer voidable under sections 513.41 to 513.51.
(d) Debts under this section do not include an obligation to the extent it is secured by a valid lien on property of the debtor not included as an asset.
History:
1986 c 444; 1987 c 19 s 2; 2015 c 17 s 2
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 513 — Agreements Relating To Property › Section 513.43 — Value.

513.43 VALUE.
(a) Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promisor's business to furnish support to the debtor or another person.
(b) For the purposes of section 513.44, paragraph (a), clause (2), and section 513.45, a person gives a reasonably equivalent value if the person acquires an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition or disposition of the interest of the debtor upon default under a mortgage, deed of trust, security agreement, or agricultural lien.
(c) A transfer is made for present value if the exchange between the debtor and the transferee is intended by them to be contemporaneous and is in fact substantially contemporaneous.
History:
1987 c 19 s 3; 2015 c 17 s 3
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 513 — Agreements Relating To Property › Section 513.44 — Transfer Or Obligation Voidable As To Present Or Future Creditor.

513.44 TRANSFER OR OBLIGATION VOIDABLE AS TO PRESENT OR FUTURE CREDITOR.
(a) A transfer made or obligation incurred by a debtor is voidable as to a creditor, whether the creditor's claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation:
(1) with actual intent to hinder, delay, or defraud any creditor of the debtor; or
(2) without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor:
(i) was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or
(ii) intended to incur, or believed or reasonably should have believed that the debtor would incur, debts beyond the debtor's ability to pay as they became due.
(b) In determining actual intent under paragraph (a), clause (1), consideration may be given, among other factors, to whether:
(1) the transfer or obligation was to an insider;
(2) the debtor retained possession or control of the property transferred after the transfer;
(3) the transfer or obligation was disclosed or concealed;
(4) before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit;
(5) the transfer was of substantially all the debtor's assets;
(6) the debtor absconded;
(7) the debtor removed or concealed assets;
(8) the value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred;
(9) the debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred;
(10) the transfer occurred shortly before or shortly after a substantial debt was incurred; and
(11) the debtor transferred the essential assets of the business to a lienor that transferred the assets to an insider of the debtor.
(c) A creditor making a claim under paragraph (a) has the burden of proving the elements of the claim by a preponderance of the evidence.
History:
1986 c 444; 1987 c 19 s 4; 2015 c 17 s 4
NOTE:
This section was found preempted by the federal Employee Retirement Income Security Act (ERISA) as applied to withdrawal liability from multiemployer ERISA plans in
Central States, Southeast and Southwest Areas Pension Fund v. Marquette Bank, Minneapolis, N.A.
, 836 F.Supp. 673 (D. Minn. 1993).
NOTE:
This section was found preempted by the federal Railway Labor Act as applied to claims requiring interpretation of railroad collective bargaining agreements and by the federal Interstate Commerce Act in
Deford v. Soo Line Railroad Co.
, 867 F.2d 1080 (8th Cir. 1989).
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 513 — Agreements Relating To Property › Section 513.45 — Transfer Or Obligation Voidable As To Present Creditor.

513.45 TRANSFER OR OBLIGATION VOIDABLE AS TO PRESENT CREDITOR.
(a) A transfer made or obligation incurred by a debtor is voidable as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer or obligation.
(b) A transfer made by a debtor is voidable as to a creditor whose claim arose before the transfer was made if the transfer was made to an insider for an antecedent debt, the debtor was insolvent at that time, and the insider had reasonable cause to believe that the debtor was insolvent.
(c) Subject to section 513.42, paragraph (b), a creditor making a claim under paragraph (a) or (b) has the burden of proving the elements of the claim by a preponderance of the evidence.
History:
1987 c 19 s 5; 2015 c 17 s 5
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 513 — Agreements Relating To Property › Section 513.46 — When Transfer Is Made Or Obligation Is Incurred.

513.46 WHEN TRANSFER IS MADE OR OBLIGATION IS INCURRED.
For the purposes of sections 513.41 to 513.51:
(1) a transfer is made:
(i) with respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good faith purchaser of the asset from the debtor against which applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee; and
(ii) with respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien otherwise than under sections 513.41 to 513.51 that is superior to the interest of the transferee;
(2) if applicable law permits the transfer to be perfected as provided in paragraph (1) and the transfer is not so perfected before the commencement of an action for relief under sections 513.41 to 513.51, the transfer is deemed made immediately before the commencement of the action;
(3) if applicable law does not permit the transfer to be perfected as provided in clause (1), the transfer is made when it becomes effective between the debtor and the transferee;
(4) a transfer is not made until the debtor has acquired rights in the asset transferred; and
(5) an obligation is incurred:
(i) if oral, when it becomes effective between the parties; or
(ii) if evidenced by a record, when the record signed by the obligor is delivered to or for the benefit of the obligee.
History:
1987 c 19 s 6; 2015 c 17 s 6
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 513 — Agreements Relating To Property › Section 513.47 — Remedies Of Creditor.

513.47 REMEDIES OF CREDITOR.
(a) In an action for relief against a transfer or obligation under sections 513.41 to 513.51, a creditor, subject to the limitations in section 513.48, may obtain:
(1) avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim;
(2) an attachment or other provisional remedy against the asset transferred or other property of the transferee if available under applicable law; and
(3) subject to applicable principles of equity and in accordance with applicable Rules of Civil Procedure:
(i) an injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property;
(ii) appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or
(iii) any other relief the circumstances may require.
(b) If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, may levy execution on the asset transferred or its proceeds.
History:
1987 c 19 s 7; 2015 c 17 s 7
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 513 — Agreements Relating To Property › Section 513.485 — Governing Law.

513.485 GOVERNING LAW.
(a) In this section, the following rules determine a debtor's location:
(1) A debtor who is an individual is located at the individual's principal residence.
(2) A debtor that is an organization and has only one place of business is located at its place of business.
(3) A debtor that is an organization and has more than one place of business is located at its chief executive office.
(b) A claim in the nature of a claim under sections 513.41 to 513.51 is governed by the local law of the jurisdiction in which the debtor is located when the transfer is made or the obligation is incurred.
History:
2015 c 17 s 9
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 513 — Agreements Relating To Property › Section 513.49 — Application To Series Organization.

513.49 APPLICATION TO SERIES ORGANIZATION.
(a) In this section:
(1) "Protected series" means an arrangement, however denominated, created by a series organization that, pursuant to the law under which the series organization is organized, has the characteristics set forth in clause (2).
(2) "Series organization" means an organization that, pursuant to the law under which it is organized, has the following characteristics:
(i) The organic record of the organization provides for creation by the organization of one or more protected series, however denominated, with respect to specified property of the organization and for records to be maintained for each protected series that identify the property of or associated with the protected series.
(ii) Debt incurred or existing with respect to the activities of, or property of or associated with, a particular protected series is enforceable against the property of or associated with the protected series only, and not against the property of or associated with the organization or other protected series of the organization.
(iii) Debt incurred or existing with respect to the activities or property of the organization is enforceable against the property of the organization only, and not against the property of or associated with a protected series of the organization.
(b) A series organization and each protected series of the organization is a separate person for purposes of sections 513.41 to 513.51, even if for other purposes a protected series is not a person separate from the organization or other protected series of the organization.
History:
2015 c 17 s 10
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 513 — Agreements Relating To Property › Section 513.495 — Relation To Electronic Signatures In Global And National Commerce Act.

513.495 RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.
Sections 513.41 to 513.51 modify, limit, or supersede the Electronic Signatures in Global and National Commerce Act, United States Code, title 15, section 7001 et seq., but do not modify, limit, or supersede section 101(c) of that act, United States Code, title 15, section 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, United States Code, title 15, section 7003(b).
History:
2015 c 17 s 11
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 513 — Agreements Relating To Property › Section 513.50 — Supplementary Provisions.

513.50 SUPPLEMENTARY PROVISIONS.
Unless displaced by the provisions of sections 513.41 to 513.51, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement its provisions.
History:
1987 c 19 s 9
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 513 — Agreements Relating To Property › Section 513.51 — Short Title.

513.51 SHORT TITLE.
Sections 513.41 to 513.51, which was formerly cited as the Uniform Fraudulent Transfer Act, may be cited as the "Uniform Voidable Transactions Act."
History:
1987 c 19 s 10; 2015 c 17 s 12
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 513 — Agreements Relating To Property › Section 513.52 — Definitions.

513.52 DEFINITIONS.
Subdivision 1.
Scope.
For purposes of sections 513.52 to 513.60, the terms defined in this section have the meanings given them.
Subd. 2.
Prospective buyer.
"Prospective buyer" means a person negotiating or offering to acquire for value legal or equitable title, or the right to acquire legal or equitable title, to residential real property.
Subd. 3.
Real estate licensee.
"Real estate licensee" means a person licensed under chapter 82.
Subd. 4.
Residential real property or residential real estate.
"Residential real property" or "residential real estate" means property occupied as, or intended to be occupied as, a single-family residence, including a unit in a common interest community as defined in section 515B.1-103, clause (10), regardless of whether the unit is in a common interest community not subject to chapter 515B.
Subd. 5.
Seller.
"Seller" means a person who owns legal or equitable title to residential real property.
History:
2002 c 306 s 1
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 513 — Agreements Relating To Property › Section 513.53 — Applicability.

513.53 APPLICABILITY.
The seller disclosure requirements in sections 513.52 to 513.60 apply to the transfer of any interest in residential real estate, whether by sale, exchange, deed, contract for deed, lease with an option to purchase, or any other option.
History:
2002 c 306 s 2
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 513 — Agreements Relating To Property › Section 513.54 — Exceptions.

513.54 EXCEPTIONS.
The seller disclosure requirements in sections 513.52 to 513.60 do not apply to any of the following:
(1) real property that is not residential real property;
(2) a gratuitous transfer;
(3) a transfer pursuant to a court order;
(4) a transfer to a government or governmental agency;
(5) a transfer by foreclosure or deed in lieu of foreclosure;
(6) a transfer to heirs or devisees of a decedent;
(7) a transfer from a cotenant to one or more other cotenants;
(8) a transfer made to a spouse, parent, grandparent, child, or grandchild of the seller;
(9) a transfer between spouses resulting from a decree of marriage dissolution or from a property settlement agreement incidental to that decree;
(10) a transfer of newly constructed residential property that has not been inhabited;
(11) an option to purchase a unit in a common interest community, until exercised;
(12) a transfer to a person who controls or is controlled by the grantor as those terms are defined with respect to a declarant under section 515B.1-103, clause (2);
(13) a transfer to a tenant who is in possession of the residential real property; or
(14) a transfer of special declarant rights under section 515B.3-104.
History:
2002 c 306 s 3
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 513 — Agreements Relating To Property › Section 513.55 — General Disclosure Requirements.

513.55 GENERAL DISCLOSURE REQUIREMENTS.
Subdivision 1.
Contents.
(a) Before signing an agreement to sell or transfer residential real property, the seller shall make a written disclosure to the prospective buyer. The disclosure must include all material facts of which the seller is aware that could adversely and significantly affect:
(1) an ordinary buyer's use and enjoyment of the property; or
(2) any intended use of the property of which the seller is aware.
(b) The disclosure must be made in good faith and based upon the best of the seller's knowledge at the time of the disclosure.
Subd. 2.
Disclosure to licensee.
A seller may provide the written disclosure required under sections 513.52 to 513.60 to a real estate licensee representing or assisting the prospective buyer. The written disclosure provided to the real estate licensee representing or assisting the prospective buyer is considered to have been provided to the prospective buyer. If the written disclosure is provided to the real estate licensee representing or assisting the prospective buyer, the real estate licensee shall provide a copy to the prospective buyer.
History:
2002 c 306 s 4; 2004 c 203 art 1 s 5
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 513 — Agreements Relating To Property › Section 513.56 — Disclosure Not Required.

513.56 DISCLOSURE NOT REQUIRED.
Subdivision 1.
General.
Section 513.55 does not create a duty to disclose the fact that residential property:
(1) is or was occupied by an owner or occupant who is or was suspected to be infected with human immunodeficiency virus or diagnosed with acquired immunodeficiency syndrome;
(2) was the site of a suicide, accidental death, natural death, or perceived paranormal activity; or
(3) is located in a neighborhood containing any adult family home, community-based residential facility, or nursing home.
Subd. 2.
Offenders.
Section 513.55 does not create a duty to disclose information regarding an offender who is required to register under section 243.166, or about whom notification is made under that section, if the seller, in a timely manner, provides a written notice that information about the predatory offender registry and persons registered with the registry may be obtained by contacting the local law enforcement agency where the property is located or the Department of Corrections.
This section does not create a duty to disclose any facts described in subdivision 1 and this subdivision for property that is not residential real property.
Subd. 3.
Inspections.
(a) Except as provided in paragraph (b), a seller is not required to disclose information relating to the real property if a written report that discloses the information has been prepared by a qualified third party and provided to the prospective buyer. For purposes of this paragraph, "qualified third party" means a federal, state, or local governmental agency, or any person whom the seller, or prospective buyer, reasonably believes has the expertise necessary to meet the industry standards of practice for the type of inspection or investigation that has been conducted by the third party in order to prepare the written report.
(b) A seller shall disclose to the prospective buyer material facts known by the seller that contradict any information included in a written report under paragraph (a) if a copy of the report is provided to the seller.
(c) The seller has no duty to disclose information regarding airport zoning regulations if the seller, in a timely manner, provides a written notice that a copy of the airport zoning regulations as adopted can be reviewed or obtained at the office of the county recorder where the zoned area is located.
Subd. 4.
Effect on common law.
The limitation on disclosure in subdivisions 1 and 2 modifies any common law duties with respect to disclosure of material facts.
History:
2002 c 306 s 5; 2004 c 203 art 1 s 6; 2005 c 119 s 2; 2007 c 64 s 2
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 513 — Agreements Relating To Property › Section 513.57 — Liability For Error, Inaccuracy, Or Omission.

513.57 LIABILITY FOR ERROR, INACCURACY, OR OMISSION.
Subdivision 1.
No liability.
Unless the prospective buyer and seller agree to the contrary in writing, a seller is not liable for any error, inaccuracy, or omission of any information delivered under sections 513.52 to 513.60 if the error, inaccuracy, or omission was not within the personal knowledge of the seller, or was based entirely on information provided by other persons as specified in section 513.56, subdivision 3, and ordinary care was exercised in transmitting the information. It is not a violation of sections 513.52 to 513.60 if the seller fails to disclose information that could be obtained only through inspection or observation of inaccessible portions of the real estate or could be discovered only by a person with expertise in a science or trade beyond the knowledge of the seller.
Subd. 2.
Liability.
A seller who fails to make a disclosure as required by sections 513.52 to 513.60 and was aware of material facts pertaining to the real property is liable to the prospective buyer. A person injured by a violation of this section may bring a civil action and recover damages and receive other equitable relief as determined by the court. An action under this subdivision must be commenced within two years after the date on which the prospective buyer closed the purchase or transfer of the real property.
Subd. 3.
Other actions.
Nothing in sections 513.52 to 513.60 precludes liability for an action based on fraud, negligent misrepresentation, or other actions allowed by law.
History:
2002 c 306 s 6; 2005 c 119 s 3
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 513 — Agreements Relating To Property › Section 513.58 — Amendment To Disclosure.

513.58 AMENDMENT TO DISCLOSURE.
Subdivision 1.
Notice.
A seller must notify the prospective buyer in writing as soon as reasonably possible, but in any event before closing, if the seller learns that the seller's disclosure required by section 513.55 was inaccurate.
Subd. 2.
Failure to notify; liability.
A seller who fails to notify the prospective buyer of any amendments to the initial disclosure required under subdivision 1 is liable to the prospective buyer as provided in section 513.57.
History:
2002 c 306 s 7
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 513 — Agreements Relating To Property › Section 513.59 — Transfer Not Invalidated.

513.59 TRANSFER NOT INVALIDATED.
A transfer subject to sections 513.52 to 513.60 is not invalidated solely because of the failure of any person to comply with a provision of those sections. This section does not prevent a court from ordering a rescission of the transfer.
History:
2002 c 306 s 8
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 513 — Agreements Relating To Property › Section 513.60 — Waiver.

513.60 WAIVER.
The written disclosure required under sections 513.52 to 513.60 may be waived if the seller and the prospective buyer agree in writing. Waiver of the disclosure required under sections 513.52 to 513.60 does not waive, limit, or abridge any obligation for seller disclosure created by any other law.
History:
2002 c 306 s 9
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 513 — Agreements Relating To Property › Section 513.74 — Prohibition.

513.74 PROHIBITION.
A private transfer fee obligation recorded, filed, or entered into in this state on or after May 20, 2010, does not run with the title to real property and is not binding on or enforceable at law or in equity against any subsequent owner, purchaser, or mortgagee of any interest in real property as an equitable servitude or otherwise. Any private transfer fee obligation that is recorded, filed, or entered into in this state on or after May 20, 2010, is void and unenforceable. It is the public policy of this state that no private transfer fee obligation should be valid or enforceable whenever entered into, recorded, or filed.
History:
2010 c 371 s 2