Subdivision 1. No notice.
A recital of the existence of an unrecorded mortgage in an instrument:
(1) that affects title to real property and
(2) is recorded with the county recorder of the county where the real property is located,
is not actual or constructive notice to a subsequent purchaser or encumbrancer once five years have passed since the date of the instrument containing the recital, unless the conditions in subdivision 2 are met.
Subd. 2. Notice.
If, in the circumstances described in subdivision 1, an action to foreclose the unrecorded mortgage was commenced and a notice of pendency or notice of lis pendens was recorded during the five-year period, then, the recital is actual or constructive notice of the unrecorded mortgage to a subsequent purchaser or encumbrancer of the real property.
Subd. 3. Foreclosure period unaffected.
This section does not limit or extend the period, set out in section 541.03 , to bring an action to foreclose a mortgage.
Subd. 4. If lis pendens before March 1995.
This section does not affect a proceeding to foreclose a mortgage pending on August 1, 1994, or to be commenced in a court of this state if, before March 1, 1995, a notice of lis pendens has been recorded in the office of the county recorder or filed in the office of the registrar of titles.