§ 508A.48 — Filed Instrument Affecting Title is Notice
Plain-Language Summary
If a registered mortgage is foreclosed, the foreclosure must follow the same procedures as for unregistered land, but the documents must be filed with the registrar of titles. After foreclosure, a new CPT is issued to the foreclosure buyer.
508A.48 FILED INSTRUMENT AFFECTING TITLE IS NOTICE.
(a) Every conveyance, lien, attachment, order, decree, or judgment, or other instrument or proceeding, which would affect the title to unregistered land under existing laws, if recorded, or filed with the county recorder, shall, in like manner, affect the title to land registered under sections 508A.01 to 508A.85 if filed and registered with the registrar in the county where the real estate is situated, and shall be notice to all persons from the time of the registering or filing of the interests therein created. Neither the reference in a registered instrument to an unregistered instrument or interest nor the joinder in a registered instrument by a party or parties with no registered interest shall constitute notice, either actual or constructive, of an unregistered interest.
(b) An instrument acknowledged in a representative capacity as defined in section 358.52 on behalf of a corporation, partnership, limited liability company, or trust that is otherwise entitled to be recorded shall be recorded if the acknowledgment made in a representative capacity is substantially in the form prescribed in chapter 358, without further inquiry into the authority of the person making the acknowledgment.
History:
1982 c 396 s 41; 1983 c 92 s 30; 2008 c 341 art 3 s 6; 2018 c 176 art 2 s 11
History: History: 1982 c 396 s 41; 1983 c 92 s 30; 2008 c 341 art 3 s 6; 2018 c 176 art 2 s 11