– Re: Functionally Operating
In Reply To
I had some trouble understanding MN rule 220 - I do not know if you know John Tanis. He is well-schooled in many aspects of law. This subject recently came up on RBN group and here are his comments:
"Rule 220 has nothing to do with who or what is holder in due course of anything.
Aside from Rule 220, the State is holder in due course and you the man are authorized user of said name and property registered to said name."
PRIOR, JOHN HAD WRITTEN:
"People are totally misreading that Rule 220. It has nothing at all to do with the garbage people are claiming.
All that Rule 220 does is created a rule for the Registrar of Titles, which merely allows the Registrar of Titles to accept a Birth Certificate as evidence that you are the person named on a Certificate of Title to a car, boat, motorcycle, mobile home, etc.
When you go to register a Certificate of Title to a car, boat, motorcycle, mobile home, etc., you have to show some form of identification to prove you are the person named on that Certificate of Title to the car, boat, motorcycle or mobile home you are registering.
This Rule 220 allows to the Registrar of Titles to accept a Birth Certificate as identification to show you are the person name on the Certificate of Title to the car, boat, motorcycle or mobile home you are wanting to register, AND, as long as you provide an affidavit from a person who personally knows you to be the person named on that Birth Certificate.
For example, if I buy a car from someone, they sign the Certificate of Title to that car over to me. I know have to register that title in my name. I have to show some form of identification proving I am the person named on that Certificate of Title the prior owner signed it over to and I have to prove I am at least 18 years of age to register that title in my name.
Under Rule 220 the Registrar of Titles can accept a Birth Certificate from me as proof of my age as long as I provide an affidavit from a person who personally knows me stating in their affidavit I am the person named on that Birth Certificate. Get it?
Rule 220.Birth Certificates
The Registrar of Titles is authorized to receive for registration of memorials upon any outstanding certificate of title [SUCH AS A CERTIFICATE OF TITLE TO A CAR, BOAT, MOTORCYCLE, MOBIL HOME. ETC] an official birth certificate pertaining to a registered owner named in said certificate of title [to the CAR, BOAT, MOTORCYCLE, MOBILE HOME, ETC] showing the date of birth of said registered owner, providing there is attached to said birth certificate an affidavit of an affiant who states that he/she is familiar with the facts recited, stating that the party named in said birth certificate is the same party as one of the owners named in said certificate of title [TO THE CAR, BOAT, MOTORCYCLE, MOBILE HOME, ETC]; and that thereafter the Registrar of Titles shall treat said registered owner as having attained the age of the majority at a date 18 years after the date of birth shown by said certificate.
Rule 220 would also apply to other memorials such as:
Subd. 4.Registration of memorials.
Without order of court or directive of the examiner, the registrar of titles may receive and register as memorials upon any certificate of title to which they pertain, the following instruments: receipt or certificate of county treasurer showing redemption from any tax sale or payment of any tax described in a certificate of title, a state deed issued to purchaser of tax-forfeited land, a certified copy of a marriage certificate showing the subsequent marriage of any party shown by a certificate of title to be unmarried, a certified copy of a final decree of divorce or dissolution of a marriage entered in the state of Minnesota, or in any state, territory or possession of the United States, or the District of Columbia to establish the dissolution of a marriage relationship of any party shown on the certificate of title to be married, and a certified copy of the death record of party listed in any certificate of title as being the spouse of the registered owner when accompanied by an affidavit satisfactory to the registrar identifying the decedent with the spouse. In all subsequent dealings with the land covered by the certificates of title, the registrar shall give full faith to these memorials.
In any of these instances the person name on such Certificate of Title needing to have a memorial upon any certificate of title, that person may provide a Birth Certificate AS LONG AS another person provides an affidavit affirming they personal know you to be that person named on the Birth Certificate, which allows the Registrar of Titles to accept that Birth Certificate as proof the person named on any Certificate of Title is at least 18 years of age.
Rule 220 has nothing at all to do with claiming you are the owner of the Birth Certificate nor you attaching your own affidavit to it and claiming it as your property and your name. Rule 220 says no such thing at all pertaining to any of that. It merely allows the Registrar of Titles to accept a Birth Certificate as proof of your age and that you are the same person named on whatever other Certificate of Title you are trying to register and as long as some other person that personally knows you to be the same person named on the Birth Certificate provides an affidavit affirming they know you to be that same person named on the Birth Certificate."
LIKE I SAID, I TOTALY MISREAD THIS MYSELF, FORTUNATELY, JOHN GAVE A DIFFERENT IDEA FOR THE OVERAL MEANING. I HOPE THIS HELPS. I CAN FORWARD YOU THE ORIGINAL POST IF YOU WOULD LIKE