HF 3420

SECOND ENGROSSMENT

County registrars procedures and fees revised, death deed transfer provided, representative capacity acknowledgments clarified, registered land application clarified, Uniform Probate Code modified, and foreclosure provisions modified.

ARTICLE 1 -- REGISTRAR OF TITLES

Section 1: Standard documents language modified.

Section 2: Recording language modified.

ARTICLE 2 -- TRANSFER ON DEATH DEEDS

Section 1: Estates of specific persons receiving medical assistance language modified.

Section 2: Estates of persons receiving medical assistance and survived by others language modified.

Section 3: Conveyances, taxes paid before recording language modified.

Section 4: Exemptions language modified.

Section 5: Transfer on death deeds language provided.
Subdivision 1. Definitions.
Subdivision 2. Effect of transfer on death deed.
Subdivision 3. Rights of creditors and rights of the state and county under sections 246.53, 256B.15, 256D.16, 261.04, and 514.981.
Subdivision 4. Multiple grantee beneficiaries.
Subdivision 5. Successor grantee beneficiaries.
Subdivision 6. Multiple joint tenant grantors.
Subdivision 7. Execution by attorney-in-fact.
Subdivision 8. Recording requirements and authorization.
Subdivision 9. Deed to trustee or other entity.
Subdivision 10. Revocation or modification of transfer on death deed.
Subdivision 11. Antilapse; deceased beneficiary; words of survivorship.
Subdivision 12. Lapse.
Subdivision 13. Multiple transfer on death deeds.
Subdivision 14. Nonademption; unpaid proceeds of sale, condemnation, or insurance; sale by conservator or guardian.
Subdivision 15. Nonexoneration.
Subdivision 16. Disclaimer by beneficiary.
Subdivision 17. Effect on other conveyances.
Subdivision 18. Notice, consent, and delivery not required.
Subdivision 19. Nonrevocation by will.
Subdivision 20. Proof of survivorship and clearance from public assistance claims and liens; recording.
Subdivision 21. After-acquired property.
Subdivision 22. Anticipatory alienation prohibited.
Subdivision 23. Clearance for public assistance claims and liens.
Subdivision 24. Form of transfer on death deed.
Subdivision 25. Form of instrument of revocation.

Section 6: Conveyance; cancellation of old and issuance of new certificate language modified.

Section 7: Conveyance; cancellation of old and issuance of new CPT language modified.

Section 8: Requirement of survival for 120 hours for devisees, beneficiaries of certain trusts, and appointees of certain powers of appointment; simultaneous death act for other cases language modified.

Section 9: Effective date language provided.

ARTICLE 3 -- MISCELLANEOUS REAL PROPERTY

Section 1: Original signatures required language modified.

Section 2: Registered land; same incidents as unregistered; no adverse possession language modified.

Section 3: Instruments affecting title filed with registrar; notice language modified.

Section 4: Petition language modified.

Section 5: Effect of registration language modified.

Section 6: Filed instrument affecting title notice language modified.

Section 7: Notice of lis pendens language modified.

Section 8: Effective date provided.

ARTICLE 4 -- UNIFORM PROBATE CODE

Section 1: Entitlement of spouse; premarital will language modified.

Section 2: Descent of homestead language modified.

Section 3: Notice to creditors language modified.

Section 4: Limitations on presentation of claims language modified.

ARTICLE 5 -- MORTGAGE FORECLOSURE

Section 1: To get tax statements language modified.

Section 2: Limitations language modified.

Section 3: Service on judgment debtor language modified.

Section 4: Certificate of sale of realty language modified.

Section 5: Redemption of realty language modified.

Section 6: Requisites for foreclosure language modified.

Section 7: Foreclosure prevention counseling language provided.

Section 8: Forms language provided.

Section 9: Notice of sale; service on occupant language modified.

Section 10: Content of notice language modified.

Section 11: Foreclosure advice notice to tenant language provided.

Section 12: Sale, how and by whom made language modified.

Section 13: Postponement language modified.

Section 14: Certificate of sale; record; effect language modified.

Section 15: Six-month redemption period language modified.

Section 16: Redemption by creditor language modified.

Section 17: Redemption, how made language modified.

Section 18: Action to set aside mortgage; foreclosure; redemption language modified.

Section 19: Mortgages, when reinstated language modified.

Section 20: Redemption by mortgagor, creditor language modified.

Section 21: Purchaser may pay taxes and other expenses due language provided.

Section 22: Limited right of entry language modified.

Section 23: Effective date; expiration language provided.

SNA 5/17/08