1.1 	A bill for an act
1.2 	relating to real property; mortgages; requiring notice and mandatory mediation 
1.3 	prior to commencement of mortgage foreclosure proceedings on homestead 
1.4 	property; creating a homestead-lender mediation account; modifying the right of 
1.5 	reinstatement and other provisions relating to mortgage foreclosures;amending 
1.6 	Minnesota Statutes 2008, sections 357.18, subdivision 1; 508.82, subdivision 1; 
1.7 	508A.82, subdivision 1; 580.021; 580.022, subdivision 1; 580.041, subdivision 
1.8 	2; 580.12; 580.225; 580.23, by adding a subdivision; 580.26; 580.27; 580.30, 
1.9 	subdivision 1; 582.03, subdivision 1; 582.30, subdivision 2; proposing coding for 
1.10 	new law in Minnesota Statutes, chapters 582; 583.
1.11 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.12 	ARTICLE 1
1.13 	HOMESTEAD-LENDER MEDIATION

1.14 	Section 1. Minnesota Statutes 2008, section 580.021, is amended to read:
1.15 	580.021 FORECLOSURE PREVENTION COUNSELING; MEDIATION 
1.16 	REFERRAL. 
1.17 		Subdivision 1. Applicability. This section applies to foreclosure of mortgages under 
1.18 	this chapter or chapter 581 on property consisting of one to four family dwelling units, one 
1.19 	of which the owner occupies as the owner's principal place of residency on the date of 
1.20 	service of the notice of sale of the owner. 
1.21 		Subd. 2. Requirement to provide notice of opportunity for counseling and 
1.22 	mediation. When the written notice required under section 47.20, subdivision 8, is 
1.23 	provided and before the notice of pendency under section 580.032, subdivision 3, is filed, 
1.24 	a party foreclosing on a mortgage must provide to the mortgagor information contained in 
1.25 	a form prescribed in section 580.022, subdivision 1, that: 
2.1 	(1) foreclosure prevention counseling services provided by an authorized foreclosure 
2.2 	prevention counseling agency are available; and
2.3 	(2) notice that the party will transmit the homeowner's name, address, and telephone 
2.4 	number to an approved foreclosure prevention agency and the Office of the Attorney 
2.5 	General; and
2.6 	(3) notice that if the mortgagor receives counseling services but is unable to 
2.7 	resolve the default, the mortgagor may have the mortgage debt reviewed in a mediation 
2.8 	proceeding with a mediator approved by the attorney general.
2.9 	Clause (3) expires on July 1, 2012.
2.10 	Nothing in this subdivision prohibits the notices required by this subdivision 
2.11 	from being provided concurrently with the written notice required under section 47.20, 
2.12 	subdivision 8. 
2.13 	For the purposes of this section, an "authorized foreclosure prevention counseling 
2.14 	agency" or "counseling agency" is a government agency or a nonprofit agency approved
2.15 	funded, all or in part for foreclosure prevention services, by the Minnesota Housing 
2.16 	Finance Agency or the United States Department of Housing and Urban Development, or 
2.17 	otherwise approved by the United States Department of Housing and Urban Development
2.18 	to provide foreclosure prevention counseling services. 
2.19 		Subd. 3. Notification to authorized counseling agency. The party entitled to 
2.20 	foreclose shall, within one week of sending the notice prescribed in section 580.022, 
2.21 	provide to the appropriate authorized foreclosure prevention counseling agency and the 
2.22 	Office of the Attorney General the mortgagor's name, address, and most recent known 
2.23 	telephone number. 
2.24 		Subd. 4. Notice of provision of counseling; request for contact information. (a) 
2.25 	An authorized foreclosure prevention counseling agency that contacts or is contacted by a 
2.26 	mortgagor or the mortgagor's authorized representative and agrees to provide foreclosure 
2.27 	prevention assistance services to the mortgagor or representative must provide the form 
2.28 	prescribed in section 580.022, subdivision 2,  to the mortgagee. The form serves as 
2.29 	notice to the mortgagee that the mortgagor is receiving foreclosure prevention counseling 
2.30 	assistance. Upon receipt of the form, the mortgagee must not commence or continue a 
2.31 	foreclosure proceeding past the day prior to the time when the initial published notice 
2.32 	contained in section 580.03 must be given, except when allowed under sections 583.40 
2.33 	to 583.48.
2.34 	(b) The mortgagee must return the form to the authorized foreclosure prevention
2.35 	counseling  agency within 15 days of receipt of the form with the name and telephone 
3.1 	number of the mortgagee's agent. The agent must be a person authorized by the mortgagee 
3.2 	to: 
3.3 	(1) discuss with the authorized foreclosure preventioncounseling agency or the 
3.4 	mortgagor the terms of the mortgage; and 
3.5 	(2) negotiate any resolution to the mortgagor's default. 
3.6 	(c) Nothing in this subdivision requires a mortgagee to reach a resolution relating to 
3.7 	the mortgagor's default. 
3.8 		Subd. 5.Mediation referral. (a) If an authorized foreclosure prevention counseling 
3.9 	agency provides counseling services to a mortgagor, the counseling agency must discuss 
3.10 	repayment options and alternatives for resolving the default with the mortgagor and 
3.11 	mortgagee. If the mortgagor and mortgagee are unable to negotiate a resolution of the 
3.12 	mortgagor's default within 60 days of receipt of the form submitted by the mortgagee 
3.13 	under subdivision 4, paragraph (b), the counseling agency must give the mortgagor a 
3.14 	mediation request affidavit in the form prescribed in section 583.46, subdivision 2, unless 
3.15 	the mortgagor is not eligible for mediation under section 583.41. The counseling agency 
3.16 	also must inform the mortgagor that if the mortgagor wishes to pursue mediation, the form 
3.17 	must be sent by certified mail to the attorney general within seven days of receipt of the 
3.18 	form. The counseling agency must forward the mortgagor's name to the attorney general 
3.19 	along with a copy of the form submitted by the mortgagee under subdivision 4, paragraph 
3.20 	(b), to verify the mortgagor's eligibility to participate in mediation.
3.21 	(b) This subdivision expires on July 1, 2012.

3.22 	Sec. 2. Minnesota Statutes 2008, section 580.022, subdivision 1, is amended to read:
3.23 		Subdivision 1.Counseling form. The notice required under section 580.021, 
3.24 	subdivision 2, clause (2), must be printed on colored paper that is other than the color of 
3.25 	any other document provided with it and must appear substantially as follows:
3.26 	"PREFORECLOSURE NOTICE
3.27 	Foreclosure Prevention Counseling and Mediation
3.28 	Why You Are Getting This Notice
3.29 	YOU HAVE DEFAULTED ON A MORTGAGE OF THE HOMESTEAD 
3.30 	PROPERTY DESCRIBED AS [Legal Description and Property Address]. THE HOLDER 
3.31 	OF THE MORTGAGE, [Name of Holder of Mortgage] INTENDS TO FORECLOSE ON 
3.32 	THIS PROPERTY. YOU HAVE THE RIGHT TO PARTICIPATE IN A MEDIATION 
3.33 	PROCESS TO SEE IF A RESOLUTION CAN BE REACHED WITH [Name of Holder 
3.34 	of Mortgage]. TO LEARN MORE ABOUT MEDIATION, CONTACT THE OFFICE OF 
3.35 	THE ATTORNEY GENERAL AT (651) 296-3353 OR 1-800-657-3787, OR ONLINE AT 
4.1 	WWW.AG.STATE.MN.US. IF YOU WANT TO PARTICIPATE IN MEDIATION, YOU 
4.2 	MUST FIRST PARTICIPATE IN FORECLOSURE PREVENTION COUNSELING 
4.3 	WITH THE AGENCY LISTED BELOW.
4.4 	We do not want you to lose your home and your equity. Government-approved 
4.5 	nonprofit agencies are available to, if possible, help you prevent foreclosure.
4.6 	We have given your contact information to an authorized foreclosure prevention 
4.7 	counseling agency to contact you to help you prevent foreclosure.
4.8 	Who Are These Foreclosure Prevention Counseling Agencies
4.9 	They are nonprofit agencies who are experts in housing and foreclosure prevention 
4.10 	counseling and assistance. They are experienced in dealing with lenders and homeowners 
4.11 	who are behind on mortgage payments and can help you understand your options and 
4.12 	work with you to address your delinquency. They are approved by either the Minnesota 
4.13 	Housing Finance Agency or the United States Department of Housing and Urban 
4.14 	Development. They are not connected with us in any way.
4.15 	Which Agency Will Contact You
4.16 	[insert name, address, and telephone number of agency]
4.17 	You can also contact them directly."

4.18 	Sec. 3. Minnesota Statutes 2008, section 580.23, is amended by adding a subdivision 
4.19 	to read:
4.20 		Subd. 1a.Five-month redemption period. (a) Notwithstanding subdivision 1, 
4.21 	if, before the sale of lands in conformity with the preceding sections of this chapter, 
4.22 	the mortgagor or the mortgagor's personal representatives or assigns participated in 
4.23 	mediation proceedings under sections 583.40 to 583.49, the period of time for redemption 
4.24 	as provided under subdivision 1 is five months instead of six months.
4.25 	(b) This subdivision expires on July 1, 2012.

4.26 	Sec. 4. Minnesota Statutes 2008, section 582.30, subdivision 2, is amended to read:
4.27 		Subd. 2.Not if six-month or five-week redemption period No deficiency 
4.28 	judgment. A deficiency judgment is not allowed if a mortgage is foreclosed by 
4.29 	advertisement under chapter 580, and has a redemption period of six months under section 
4.30 	580.23, subdivision 1, five months under section 580.23, subdivision 1a, or five weeks 
4.31 	under section 582.032.

4.32 	Sec. 5. [583.40] DEFINITIONS.
5.1 		Subdivision 1.Applicability. The definitions in this section apply to sections 
5.2 	583.40 to 583.48.
5.3 		Subd. 2.Commence a foreclosure proceeding. "Commence a foreclosure 
5.4 	proceeding" means to file a notice of pendency under section 580.032 or commence a 
5.5 	foreclosure action under chapter 581.
5.6 		Subd. 3.Send. "Send" means to deliver by certified mail or another method 
5.7 	acknowledging receipt.
5.8 		Subd. 4.Serve. "Serve" means personal service under the Minnesota Rules of 
5.9 	Civil Procedure.

5.10 	Sec. 6. [583.41] APPLICABILITY.
5.11 		Subdivision 1.Creditors. (a) Sections 583.40 to 583.48 apply to a person who is 
5.12 	the holder of a mortgage to which section 580.021 applies.
5.13 	(b) Sections 583.40 to 583.48 do not apply to property if the holder of the mortgage, 
5.14 	before selling the property to the owner, occupied the property as the holder's principal 
5.15 	place of residency.
5.16 		Subd. 2.Debtors. Sections 583.40 to 583.48 apply to a debtor who has received 
5.17 	foreclosure prevention counseling under section 580.021 and who has been verified as 
5.18 	eligible for mediation by an authorized foreclosure prevention counseling agency, or who 
5.19 	files a mediation request under section 583.42, subdivision 1, paragraph (b), indicating 
5.20 	that the debtor did not receive the required preforeclosure prevention counseling and 
5.21 	mediation notice. Sections 583.40 to 583.48 do not apply to a debtor who qualifies as a 
5.22 	debtor under the Farmer-Lender Mediation Act.
5.23 		Subd. 3.Applicability. Sections 583.40 to 583.48 do not apply to mortgages 
5.24 	refinanced or modified under the Home Affordable Refinance or Home Affordable 
5.25 	Modification Programs established by the United States Treasury Department in 2009.

5.26 	Sec. 7. [583.42] MANDATORY MEDIATION PROCEEDINGS.
5.27 		Subdivision 1.Mediation request. (a) A debtor who wishes to participate in 
5.28 	mediation must send a mediation request affidavit in the form prescribed in section 583.46, 
5.29 	subdivision 2, to the attorney general within seven days after receiving the mediation 
5.30 	request affidavit from the counseling agency under section 580.021, subdivision 5. The 
5.31 	debtor must disclose all known creditors with debts secured by the property. A debtor 
5.32 	who fails to send a timely mediation request waives the right to mediation under sections 
5.33 	583.40 to 583.48 for that specific mortgage foreclosure. Upon receipt of a mediation 
5.34 	request affidavit, the attorney general must send a copy of the affidavit to the holder of 
6.1 	the mortgage. The holder of the mortgage must not commence a foreclosure proceeding 
6.2 	against the property or proceed with a proceeding to which paragraph (b) applies until the 
6.3 	stay of the foreclosure is lifted or as otherwise authorized under sections 583.40 to 583.48.
6.4 	(b) If a debtor did not receive the preforeclosure prevention counseling and 
6.5 	mediation notice required under section 580.021 and a mortgage foreclosure proceeding 
6.6 	has been commenced against the debtor's property, the debtor may send the mediation 
6.7 	request affidavit to the attorney general at any time before the sheriff's sale. The mediation 
6.8 	request affidavit must indicate that the debtor has not received the required notice.
6.9 	(c) The attorney general must combine all mediation requests for the same debtor 
6.10 	that are received before the initial mediation meeting into one mediation proceeding.
6.11 	(d) The debtor shall only be entitled to a single mediation proceeding for that specific 
6.12 	mortgage foreclosure. In the event a mortgage is modified through the mediation process 
6.13 	contained in sections 583.40 to 583.48, that mortgage shall not be eligible for mediation if 
6.14 	the modified mortgage becomes the subject of subsequent foreclosure proceeding.
6.15 		Subd. 2.Mediation proceeding notice. (a) Within ten days after receiving a 
6.16 	mediation request, the attorney general must send:
6.17 	(1) a mediation proceeding notice to the debtor; and
6.18 	(2) a mediation proceeding notice to all creditors with a lien on the property listed by 
6.19 	the debtor in the mediation request.
6.20 	(b) The mediation proceeding notice must disclose:
6.21 	(1) the name and address of the debtor;
6.22 	(2) that the debtor has requested mediation under sections 583.40 to 583.48;
6.23 	(3) the time and place for the initial mediation meeting;
6.24 	(4) that in lieu of having a mediator assigned by the attorney general, the debtor and 
6.25 	any one or more of the creditors may agree to select and pay for a professional mediator 
6.26 	who must be approved by the attorney general;
6.27 	(5) that sections 583.40 to 583.48 do not prohibit the creditor from continuing the 
6.28 	foreclosure proceeding up through, but not including, the time when the initial published 
6.29 	notice contained in section 580.03 must be given but the creditor must not publish the 
6.30 	initial notice, except as otherwise allowed under sections 583.40 to 583.48; and
6.31 	(6) by the initial mediation meeting, the creditor must provide the debtor with a copy 
6.32 	of the mortgage and note, a statement of interest rates on the debt, delinquent payments, 
6.33 	unpaid principal and interest balances, the creditor's estimate of value of the property, and 
6.34 	a general description of the debt restructuring programs available from the creditor.
6.35 	(c) An initial mediation meeting must be held within 20 days of the mediation 
6.36 	proceeding notice. The initial mediation meeting may be held by telephone or video 
7.1 	conference. At the discretion of the mediator, mediation meetings may be held by 
7.2 	interactive telephonic or other electronic means by which the mediator and all parties 
7.3 	can hear each other and participate in all discussions during the meeting. The mediator 
7.4 	shall reserve the right to require the parties, or their representatives, to appear in person 
7.5 	for the mediation.
7.6 	(d) In lieu of the attorney general assigning a mediator, the debtor and creditor may 
7.7 	agree to select and pay for a professional mediator for the mediation proceeding. The 
7.8 	attorney general must approve the professional mediator before the professional mediator 
7.9 	may be assigned to the mediation proceeding. The professional mediator may not be 
7.10 	approved unless the professional mediator prepares and signs an affidavit:
7.11 	(1) disclosing any biases, relationships, or previous associations with the debtor or 
7.12 	creditor subject to the mediation proceedings;
7.13 	(2) stating certifications, training, or qualifications as a professional mediator;
7.14 	(3) disclosing fees to be charged or a rate schedule of fees for the mediation 
7.15 	proceeding; and 
7.16 	(4) affirming to uphold sections 583.40 to 583.48.
7.17 		Subd. 3.Effect of mediation proceeding notice. (a) Sections 583.40 to 583.48 
7.18 	do not prevent a creditor from continuing the foreclosure proceeding up through, but not 
7.19 	including, the time when the initial published notice contained in section 580.03 must be 
7.20 	given. A creditor must not publish the initial notice, except as otherwise allowed under 
7.21 	sections 583.40 to 583.48.
7.22 	(b) Notwithstanding paragraph (a), a creditor receiving a mediation proceeding 
7.23 	notice may commence or continue a mortgage foreclosure proceeding against the property 
7.24 	if:
7.25 	(1) the creditor receives a mediator's affidavit of the debtor's lack of good faith 
7.26 	under section 583.43;
7.27 	(2) ten days have expired since the debtor and creditor signed an unrevoked 
7.28 	agreement under subdivision 7 allowing the creditor to commence mortgage foreclosure 
7.29 	proceedings against the property; or
7.30 	(3) the creditor receives a termination statement under subdivision 8.
7.31 	(c) A creditor receiving a mediation proceeding notice must provide the debtor 
7.32 	by the initial mediation meeting with a copy of the mortgage and note, a statement of 
7.33 	interest rates on the debt, delinquent payments, unpaid principal and interest balances, 
7.34 	the creditor's estimate of the value of the property, and a general description of the debt 
7.35 	restructuring programs available from the creditor.
8.1 	(d) The provisions of this subdivision are subject to section 583.43, relating to 
8.2 	extensions or reductions in the period before a creditor may commence or continue a 
8.3 	mortgage foreclosure proceeding.
8.4 		Subd. 4.Eligibility and duties of mediator. (a) The attorney general may appoint 
8.5 	and arrange for the compensation of mediators who are qualified persons experienced 
8.6 	in finance or negotiation. To the extent practicable, the attorney general shall appoint 
8.7 	mediators who agree to provide mediation services on a voluntary basis or for a reduced 
8.8 	fee.
8.9 	(b) A person is not eligible to be a mediator if the person has a conflict of interest 
8.10 	that does not allow the person to be impartial.
8.11 	(c) At all mediation meetings, the mediator shall:
8.12 	(1) attempt to mediate between the debtor and the creditors;
8.13 	(2) advise the debtor and creditors of assistance programs that are available;
8.14 	(3) attempt to arrive at an agreement to fairly adjust, refinance, or pay the mortgage 
8.15 	debt; and
8.16 	(4) advise, counsel, and assist the debtor and creditor in attempting to arrive at an 
8.17 	agreement for the future conduct of financial relations between them.
8.18 	(d) The mediator shall have the discretion to determine the format of the mediation 
8.19 	meetings, including whether or not to keep the parties separate.
8.20 		Subd. 5.Mediator liability and immunity. A mediator and the attorney general 
8.21 	and their employees are immune from civil liability for actions within the scope of their 
8.22 	positions under this chapter. A mediator and the attorney general and their employees do 
8.23 	not have a duty to advise a creditor or debtor about the law or to encourage or assist a 
8.24 	debtor or creditor regarding their legal rights. This subdivision is in addition to and not 
8.25 	a limitation of immunity that otherwise exists under law.
8.26 		Subd. 6.Mediation period. The mediator may call mediation meetings during the 
8.27 	mediation period, which may be up to 60 days after the debtor sends a mediation request 
8.28 	to the attorney general.
8.29 		Subd. 7.Mediation agreement. (a) If an agreement is reached among the debtor 
8.30 	and creditors, the mediator must witness and sign a written mediation agreement, have 
8.31 	it signed by the debtor and creditors, and if applicable, submit the agreement to (1) the 
8.32 	attorney general, and (2) any court that has jurisdiction over mortgage foreclosure or 
8.33 	redemption proceedings regarding the property.
8.34 	(b) The debtor and creditors who are parties to the approved mediation agreement and 
8.35 	creditors who have filed claim forms and have not objected to the mediation agreement:
8.36 	(1) are bound by the terms of the agreement; and
9.1 	(2) may enforce the mediation agreement as a legal contract.
9.2 	(c) A debtor may agree to allow a creditor to commence a mortgage foreclosure 
9.3 	proceeding against property that is subject to mediation before the proceeding is otherwise 
9.4 	allowed under subdivision 3, provided that the debtor or creditor may rescind the 
9.5 	agreement within five business days after that debtor and creditor both sign the agreement.
9.6 		Subd. 8.Termination of mediation. (a) The mediator must sign and serve on the 
9.7 	parties and the attorney general an affidavit by the end of the mediation period.
9.8 	(b) The mediator must prepare an affidavit acknowledging that mediation has ended 
9.9 	and that:
9.10 	(1) describes or references agreements reached between a creditor and the debtor, if 
9.11 	any, and agreements reached among creditors, if any; or
9.12 	(2) states that no agreement was reached between the parties, despite a good faith 
9.13 	effort by the parties.
9.14 	(c) Mediation agreements may be included as part of the affidavit.
9.15 	(d) Within three business days after the end of mediation, the mediator must forward 
9.16 	the affidavit under paragraph (b) for recording with the county recorder or registrar 
9.17 	of titles of the county where the property is located. The filed affidavit is prima facie 
9.18 	evidence of the facts stated in the affidavit.

9.19 	Sec. 8. [583.43] GOOD FAITH REQUIRED.
9.20 		Subdivision 1.Obligation of good faith. The parties must engage in mediation in 
9.21 	good faith. Not participating in good faith includes:
9.22 	(a) failure to attend and participate in mediation sessions without cause;
9.23 	(b) failure to provide full information regarding the financial obligations of the 
9.24 	parties and other creditors including the obligation of a creditor to provide information 
9.25 	under section 583.42, subdivision 3, paragraph (c);
9.26 	(c) failure of the creditor to designate a representative to participate in the mediation 
9.27 	with authority to make binding commitments;
9.28 	(d) lack of a written statement of debt restructuring alternatives and a statement of 
9.29 	reasons why alternatives are unacceptable to one of the parties; and
9.30 	(e) other similar behavior that evidences lack of good faith by a party. A failure to 
9.31 	agree to reduce, restructure, refinance, or forgive debt is not, in itself, evidence of lack of 
9.32 	good faith by the creditor. Nothing in sections 583.40 to 583.49 shall require a creditor to 
9.33 	modify the debt that is the subject of the foreclosure proceeding.
9.34 		Subd. 2.Party's bad faith; mediator's affidavit. If the mediator determines that 
9.35 	either party is not participating in good faith as defined in subdivision 1, the mediator must 
10.1 	file an affidavit indicating the reasons for the finding with the attorney general and with 
10.2 	parties to the mediation.
10.3 		Subd. 3.Creditor's bad faith. If the mediator finds that the creditor has not 
10.4 	participated in the mediation in good faith, and the creditor continues with the foreclosure 
10.5 	proceeding, then the debtor shall be allowed a six-month redemption period. 
10.6 		Subd. 4.Debtor's lack of good faith. If the mediator finds that the debtor has not 
10.7 	participated in the mediation in good faith, and the creditor continues with the foreclosure 
10.8 	proceeding, then the debtor shall execute a deed in lieu of foreclosure no later than 90 
10.9 	days after the filing of the mediator's affidavit containing the finding of bad faith. 

10.10 	Sec. 9. [583.44] CREDITOR NOT ATTENDING MEDIATION MEETING.
10.11 		Subdivision 1.Filing and effect of claim form. A creditor that is notified of the 
10.12 	initial mediation meeting is subject to and bound by a mediation agreement if the creditor 
10.13 	does not attend mediation meetings, unless the creditor files a claim form. In lieu of 
10.14 	attending a mediation meeting, a creditor may file a claim form with the mediator before 
10.15 	the scheduled meeting. By filing a claim form the creditor agrees to be bound by a 
10.16 	mediation agreement reached at the mediation meeting unless an objection is filed within 
10.17 	the time specified in subdivision 2. The mediator must notify the creditors who have filed 
10.18 	claim forms of the terms of any agreement.
10.19 		Subd. 2.Objections to agreements. A creditor who has filed a claim form may 
10.20 	serve a written objection to the terms of the mediation agreement on the mediator and the 
10.21 	debtor within ten days after receiving notice of the mediation agreement. If a creditor files 
10.22 	an objection to the terms of a mediation agreement, the mediator must meet again with 
10.23 	debtors and creditors within ten days after receiving the objection. Notwithstanding the 
10.24 	mediation period under section 583.43, subdivision 7, if an objection is filed, the mediator 
10.25 	must call mediation meetings during the ten-day period following receipt of the objection.

10.26 	Sec. 10. [583.45] DATA PRACTICES.
10.27 	Data regarding the finances of individual debtors and creditors created, collected, 
10.28 	and maintained by the attorney general or mediators under sections 583.40 to 583.48 are 
10.29 	private data on individuals or nonpublic data as defined in section 13.02, subdivision 9 
10.30 	or 12.

10.31 	Sec. 11. [583.46] FORMS AND COMPENSATION.
10.32 		Subdivision 1.Compensation. The attorney general must set the compensation 
10.33 	of mediators.
11.1 		Subd. 2.Mediation request affidavit form. The affidavit for requesting mediation 
11.2 	under section 583.42 must be in substantially the following form:
11.3 	MEDIATION REQUEST AFFIDAVIT
11.4 	Re: Homestead-Lender Mediation Act Applicability.

11.5	State of Minnesota
_____	)
		
11.6		) SS.
		
11.7	County of 
_____	)
		
11.8 	_________________________, being first duly sworn, deposes and says:
11.9 	I wish to participate in a mediation process to resolve a dispute with the holder of a 
11.10 	mortgage on property in which I have an ownership interest, located at:
11.11 	_____________________________
11.12 	Street Address
11.13 	____________________________________
11.14 	City, State, Zip Code
11.15 	CHECK THE APPLICABLE STATEMENT
11.16 	[ ] This property consists of one to four family dwelling units, one of which I 
11.17 	occupied as my principal place of residency on the date that I received a Preforeclosure 
11.18 	Notice relating to the dispute.
11.19 	[ ] I did not receive a Preforeclosure Notice but this property consists of one to four 
11.20 	family dwelling units, one of which I occupied as my principal place of residency on the 
11.21 	date of this Mediation Request Affidavit.
11.22 	_______________________________

11.23	Subscribed and sworn to before me this
		
11.24	_____day of _____, _____.
		
11.25	_____
		
11.26	Notary Public,_____County
_____		
11.27	My Commission expires: 
_____		

11.28 	Sec. 12. [583.47] ENFORCEMENT.
11.29 	A mediation agreement may be enforced by a state district court.

11.30 	Sec. 13. [583.48] INCONSISTENT LAWS.
11.31 	Sections 583.40 to 583.47 have precedence over any inconsistent or conflicting laws, 
11.32 	including chapters 580 and 581.

11.33 	Sec. 14. [583.49] EXPIRATION.
12.1 	Sections 583.40 to 583.48 expire July 1, 2012.

12.2 	Sec. 15. EFFECTIVE DATE.
 12.3 	This article is effective July 1, 2009, and applies to foreclosures commenced on or 
12.4 	after that date.

12.5 	ARTICLE 2
12.6 	MISCELLANEOUS

12.7 	Section 1. Minnesota Statutes 2008, section 580.041, subdivision 2, is amended to read:
12.8 		Subd. 2.Content of notice. The notice required by this section must appear 
12.9 	substantially as follows:
12.10 	"Help For Homeowners in Foreclosure

12.11		The attorney preparing this foreclosure is: 
_____	
12.12			(Attorney name, address, phone)
	
12.13		It is being prepared for: 
	
12.14		_____
	
12.15		(Lender name, loss mitigation phone number)
	
12.16 	AS OF [insert date], this lender says that you owe $[insert dollar amount] to bring 
12.17 	your mortgage up to date. You must pay this amount to keep your house from going 
12.18 	through a sheriff's sale. The sheriff's sale is scheduled for [insert date] at [insert 
12.19 	time] at [insert place].
12.20 	Mortgage foreclosure is a complex process. People may contact you with advice and 
12.21 	offers to help "save" your home.
12.22 	Remember: It is important that you learn as much as you can about foreclosure and 
12.23 	your situation. Find out about all your options before you make any agreements with 
12.24 	anyone about the foreclosure of your home.
12.25 	Getting Help
12.26 	As soon as possible, you should contact your lender at the above number to talk 
12.27 	about things you might be able to do to prevent foreclosure. You should also 
12.28 	consider contacting the foreclosure prevention counselor in your area. A foreclosure 
12.29 	prevention counselor can answer your questions, offer free advice, and help you 
12.30 	create a plan which makes sense for your situation.
12.31 	Contact the Minnesota Home Ownership Center at 651-659-9336 or 866-462-6466 
12.32 	or www.hocmn.org to get the phone number and location of the nearest counseling 
12.33 	organization. Call today. The longer you wait, the fewer options you may have for 
12.34 	a desirable result.
13.1 	Information About the Foreclosure Process
13.2 	You do not need to move at the time of the sheriff's sale. After the sheriff's sale you 
13.3 	have the right to "redeem." Redeem means that you pay off the entire loan amount 
13.4 	plus fees to keep your house. You can keep living in your home for a period of time. 
13.5 	This is called a "redemption period." The redemption period is [insert number of 
13.6 	months] months after the sheriff's sale. This redemption period is your chance to 
13.7 	try and sell your home or refinance it with a different loan. You can also pay the 
13.8 	redemption amount with any other funds you have available. At the end of the 
13.9 	redemption period you will have to leave your home. If you do not, the person or 
13.10 	company that bid on your home at the sheriff's sale has the right to file an eviction 
13.11 	against you in district court.
13.12 	Reinstatement: AS OF [insert date], this lender says that you owe $[insert dollar 
13.13 	amount] to bring your mortgage up to date. You must pay this amount plus any regular 
13.14 	loan payments due between now and the sheriff's sale to keep your house from going 
13.15 	through a sheriff's sale. The sheriff's sale is scheduled for [insert date] at [insert time] at 
13.16 	[insert place]. After the sheriff's sale, you may choose to reinstate your mortgage at any 
13.17 	time before the redemption period of [insert applicable redemption period] ends, unless 
13.18 	you previously reinstated your mortgage."

13.19 	Sec. 2. Minnesota Statutes 2008, section 580.12, is amended to read:
13.20 	580.12 CERTIFICATE OF SALE; RECORD; EFFECT. 
13.21 	(a) When any sale of real property is made under a power of sale contained in any 
13.22 	mortgage, the officer shall make and deliver to the purchaser a certificate, executed in the 
13.23 	same manner as a conveyance, containing: 
13.24 	(1) a description of the mortgage; 
13.25 	(2) a description of the property sold; 
13.26 	(3) the price paid for each parcel sold; 
13.27 	(4) the time and place of the sale, and the name of the purchaser; 
13.28 	(5) the interest rate in effect on the date of the sheriff's sale; and 
13.29 	(6) the time allowed by law for redemption or, if applicable, reinstatement under 
13.30 	section 580.30, paragraph (b), provided that if the redemption period stated in the 
13.31 	certificate is five weeks and a longer redemption period was stated in the published notice 
13.32 	of foreclosure sale, a certified copy of the court order entered under section 582.032, 
13.33 	authorizing reduction of the redemption period to five weeks, must be attached to the 
13.34 	certificate. 
14.1 	(b) A certificate of sale must not be recorded until after expiration of the redemption 
14.2 	and reinstatement period and the sale is not final until the mortgagor's rights of redemption 
14.3 	and reinstatement have expired and the certificate of sale has been recorded.
14.4 	(c) A certificate which states a five-week redemption period must be recorded within 
14.5 	ten days after the sale issuance; any other certificate must be recorded within 20 days 
14.6 	after the sale issuance. When so recorded, upon expiration of the time for redemption
14.7 	or reinstatement under section 580.30, paragraph (b), the certificate shall operate as a 
14.8 	conveyance to the purchaser or the purchaser's assignee of all the right, title, and interest of 
14.9 	the mortgagor in and to the premises named therein at the date of such mortgage, without 
14.10 	any other conveyance. A certificate must not contain a time allowed for redemption that is 
14.11 	less than the time specified by section 580.23, 582.032, or 582.32, whichever applies. 

14.12 	Sec. 3. Minnesota Statutes 2008, section 580.225, is amended to read:
14.13 	580.225 SATISFACTION OF JUDGMENT.
14.14 	The amount received from foreclosure sale under this chapter is full satisfaction of 
14.15 	the mortgage debt, exceptunless the mortgage is reinstated as provided in section 582.30. 

14.16 	Sec. 4. Minnesota Statutes 2008, section 580.26, is amended to read:
14.17 	580.26 CERTIFICATE OF REDEMPTION OR REINSTATEMENT; 
14.18 	RECORD.
14.19 	The person or officer from whom sucha redemption or reinstatement under section 
14.20 	580.30, paragraph (b), is made shall make and deliver to the person redeeming or 
14.21 	reinstating a certificate executed and acknowledged in the same manner as a conveyance, 
14.22 	containing:
14.23 	(1) the name of the person redeeming or reinstating, and the amount paid by the 
14.24 	person on suchthe redemption or reinstatement;
14.25 	(2) a description of the sale for which suchthe redemption or reinstatement is made, 
14.26 	and of the property redeemed or reinstated;
14.27 	(3) a statement of the claim upon which suchthe redemption or reinstatement is 
14.28 	made and, if upon a lien, the amount claimed to be due thereon at the date of redemption.
14.29 	If redemption or reinstatement is made by the owner of the property sold, the owner's 
14.30 	heirs, personal representatives, or assigns, suchthe certificate shall be recorded within 
14.31 	four days after the expiration of the year allowed the owner for redemption and, if made 
14.32 	by a creditor holding a lien, the certificate shall be recorded within four days after such
14.33 	a redemption. Unless so recorded, the certificate shall be void as against any person in 
14.34 	good faith redeeming from the same person or lien.

15.1 	Sec. 5. Minnesota Statutes 2008, section 580.27, is amended to read:
15.2 	580.27 EFFECT OF REDEMPTION OR REINSTATEMENT AFTER SALE.
15.3 		Subdivision 1.Sale annulled. If redemption is made by the owner of the property 
15.4 	sold, the owner's heirs, personal representatives or assigns, or if a reinstatement is made 
15.5 	by the owner under section 580.30, paragraph (b), such the redemption or reinstatement
15.6 	annuls the sale; if by a creditor holding a lien on the property, or some part thereof, the 
15.7 	certificate of redemption, executed, acknowledged, and recorded as provided in section 
15.8 	580.26, operates as an assignment to the creditor of the right acquired under such sale, 
15.9 	subject to such right of any other person to redeem as provided by law.  
15.10 		Subd. 2.Reinstatement after sale; status of mortgage. The mortgage note is not 
15.11 	extinguished or discharged until the mortgagor's rights of redemption and reinstatement 
15.12 	have expired and the certificate of sale has been recorded. The mortgage retains the 
15.13 	priority it had at the time of the sale with respect to other liens and encumbrances on the 
15.14 	property, whether created or perfected before or after the sale.

15.15 	Sec. 6. Minnesota Statutes 2008, section 580.30, subdivision 1, is amended to read:
15.16 		Subdivision 1. Reinstatement. (a) Subject to paragraph (b), in any proceedings for 
15.17 	the foreclosure of a real estate mortgage, whether by action or by advertisement, if at any 
15.18 	time before the sale of the premises under such foreclosure the mortgagor, the owner, or 
15.19 	any holder of any subsequent encumbrance or lien, or any one for them, shall pay or 
15.20 	cause to be paid to the holder of the mortgage so being foreclosed, or to the attorney 
15.21 	foreclosing the same, or to the sheriff of the county, the amount actually due thereon 
15.22 	and constituting the default actually existing in the conditions of the mortgage at the 
15.23 	time of the commencement of the foreclosure proceedings, including payment, then the 
15.24 	mortgage must be fully reinstated and further proceedings in the foreclosure must be 
15.25 	abandoned. Insurance, delinquent taxes, if any, upon the premises, any taxes paid by 
15.26 	the foreclosing party during the reinstatement period, interest to date of payment, cost 
15.27 	of publication and services of process or notices, attorney's fees not exceeding $150 or 
15.28 	one-half of the attorney's fees authorized by section 582.01, whichever is greater, together 
15.29 	with other lawful disbursements necessarily incurred in connection with the proceedings 
15.30 	by the party foreclosing, then, and in that event, the mortgage shall be fully reinstated 
15.31 	and further proceedings in such foreclosure shall be thereupon abandoned. are due and 
15.32 	payable at the time the mortgage is satisfied or, if a foreclosure sale is held, at the time 
15.33 	redemption is made.
15.34 	(b) This paragraph applies to the foreclosure of a mortgage under this chapter on 
15.35 	property consisting of one to four family dwelling units, one of which the owner occupies 
16.1 	as the owner's principal place of residency on the date of service of the notice of sale on 
16.2 	the owner. The mortgage may be reinstated by the owner at any time before or after the 
16.3 	sale of the property until expiration of the applicable redemption period under section 
16.4 	580.23, provided that the party seeking reinstatement pays the applicable costs required 
16.5 	for reinstatement under paragraph (a) and additional allowable costs described in section 
16.6 	582.03 that would be required for a redemption of the property.
16.7 	(c) Paragraph (b) does not apply if the mortgage being foreclosed previously has 
16.8 	been reinstated under this section.

16.9 	Sec. 7. Minnesota Statutes 2008, section 582.03, subdivision 1, is amended to read:
16.10 		Subdivision 1. Allowable costs collectable upon redemption. The holder of any 
16.11 	sheriff's certificate of sale, from a foreclosure by advertisement or action of a mortgage or 
16.12 	lien or execution, or the holder of any certificate of redemption as a junior creditor during 
16.13 	the period of redemption, may shall pay and claim the following on redemption: any 
16.14 	taxes or assessments on which any penalty would otherwise accrue, and any costs of a 
16.15 	hazard insurance policy for the holder's interest in the mortgaged premises incurred for 
16.16 	the period of holding the sheriff's certificate, any costs incurred when an order to reduce 
16.17 	a mortgagor's redemption period under section 582.032 is entered, any fees paid to the 
16.18 	county recorder, registrar of titles, or sheriff to obtain or record the certificates of sale or 
16.19 	redemption or notices of intention to redeem, any reasonable fees paid to licensed real 
16.20 	estate brokers for broker price opinions or to licensed appraisers for appraisals, any deed 
16.21 	tax paid to file a certificate of redemption, reasonable attorney fees incurred after the 
16.22 	foreclosure sale not to exceed one-half of the amount authorized by section 582.01, any 
16.23 	costs incurred under section 582.031, and any interest or installment of principal upon 
16.24 	any prior or superior mortgage, lien, or contract for deed in default or that becomes due 
16.25 	during the period of redemption. In all such cases, the costs so paid and claimed due, with 
16.26 	interest, shall be a part of the sum required to be paid to redeem from such sale. No other 
16.27 	costs, fees, interest, or other amount may be added to the amount necessary to redeem. 

16.28 	Sec. 8. [582.21] TAXES TO BE PAID IN FULL.
16.29 	No party may foreclose on any mortgage of real estate, whether by action or 
16.30 	by advertisement, unless the party bringing the foreclosure proceedings has paid any 
16.31 	outstanding taxes or assessments upon the mortgaged premises.

16.32 	Sec. 9. EFFECTIVE DATE.
 17.1 	This article is effective the day following final enactment and applies to foreclosure 
17.2 	proceedings commenced on or after that date.

17.3 	ARTICLE 3
17.4 	FEES AND APPROPRIATIONS

17.5 	Section 1. Minnesota Statutes 2008, section 357.18, subdivision 1, is amended to read:
17.6 		Subdivision 1.County recorder fees. (a) The fees to be charged by the county 
17.7 	recorder shall be and not exceed the following:
17.8 	(1) subject to paragraph (b), for indexing and recording any deed or other instrument 
17.9 	a fee of $46; $10.50 shall be paid to the state treasury and credited to the general fund; 
17.10 	$10 shall be deposited in the technology fund pursuant to subdivision 3; and $25.50 shall 
17.11 	be deposited in the county general fund;
17.12 	(2) for documents containing multiple assignments, partial releases or satisfactions a 
17.13 	fee of $46; if the document cites more than four recorded instruments, an additional fee of 
17.14 	$10 for each additional instrument cited over the first four citations;
17.15 	(3) for certified copies of any records or papers, $10;
17.16 	(4) for a noncertified copy of any instrument or writing on file or recorded in the 
17.17 	office of the county recorder, or any specified page or part of it, an amount as determined 
17.18 	by the county board for each page or fraction of a page specified. If computer or microfilm 
17.19 	printers are used to reproduce the instrument or writing, a like amount per image;
17.20 	(5) for an abstract of title, the fees shall be determined by resolution of the county 
17.21 	board duly adopted upon the recommendation of the county recorder, and the fees shall 
17.22 	not exceed $10 for every entry, $100 for abstract certificate, $1 per page for each exhibit 
17.23 	included within an abstract as a part of an abstract entry, and $5 per name for each 
17.24 	required name search certification;
17.25 	(6) for a copy of an official plat filed pursuant to section 505.08, the fee shall be $10 
17.26 	and an additional $5 shall be charged for the certification of each plat;
17.27 	(7) for filing an amended floor plan in accordance with chapter 515, an amended 
17.28 	condominium plat in accordance with chapter 515A, or a common interest community 
17.29 	plat or amendment complying with section 515B.2-110, subsection (c), the fee shall be 50 
17.30 	cents per apartment or unit with a minimum fee of $56;
17.31 	(8) for a copy of a floor plan filed pursuant to chapter 515, a copy of a condominium 
17.32 	plat filed in accordance with chapter 515A, or a copy of a common interest community 
17.33 	plat complying with section 515B.2-110, subsection (c), the fee shall be $1 for each page 
17.34 	of the floor plan, condominium plat or common interest community plat with a minimum 
17.35 	fee of $10;
18.1 	(9) for recording any plat, a fee of $56, of which $10.50 must be paid to the state 
18.2 	treasury and credited to the general fund, $10 must be deposited in the technology fund 
18.3 	pursuant to subdivision 3, and $35.50 must be deposited in the county general fund; and
18.4 	(10) for a noncertified copy of any document submitted for recording, if the original 
18.5 	document is accompanied by a copy or duplicate original, $2. Upon receipt of the copy 
18.6 	or duplicate original and payment of the fee, a county recorder shall return it marked 
18.7 	"copy" or "duplicate," showing the recording date and, if available, the document number 
18.8 	assigned to the original.
18.9 	(b) During the period from the effective date of sections 583.40 to 583.49 through 
18.10 	December 31, 2012, the fee under paragraph (a), clause (1), for recording a notice of 
18.11 	pendency of a foreclosure by advertisement under section 580.032 or a notice of lis 
18.12 	pendens for a foreclosure by action under section 557.02 is increased by $125; this amount 
18.13 	is to be paid to the state treasury and credited to the Homestead-Lender Mediation Act 
18.14 	account in the special revenue fund.

18.15 	Sec. 2. Minnesota Statutes 2008, section 508.82, subdivision 1, is amended to read:
18.16 		Subdivision 1. Standard documents. (a) The fees to be charged by the registrar of 
18.17 	titles shall be and not exceed the following: 
18.18 	(1) of the fees provided herein, $1.50 of the fees collected under clauses (2), (3), (4), 
18.19 	(11), (13), (15), (17), and (18) for filing or memorializing shall be paid to the state treasury 
18.20 	pursuant to section 508.75 and credited to the general fund; 
18.21 	(2) for registering a first certificate of title, including issuing a copy of it, $46. 
18.22 	Pursuant to clause (1), distribution of this fee is as follows: 
18.23 	(i) $10.50 shall be paid to the state treasury and credited to the general fund; 
18.24 	(ii) $10 shall be deposited in the technology fund pursuant to section 357.18, 
18.25 	subdivision 3; and 
18.26 	(iii) $25.50 shall be deposited in the county general fund; 
18.27 	(3) for registering each instrument transferring the fee simple title for which a new 
18.28 	certificate of title is issued and for the registration of the new certificate of title, including 
18.29 	a copy of it, $46. Pursuant to clause (1), distribution of this fee is as follows: 
18.30 	(i) $12 shall be paid to the state treasury and credited to the general fund; 
18.31 	(ii) $10 shall be deposited in the technology fund pursuant to section 357.18, 
18.32 	subdivision 3; and 
18.33 	(iii) $24 shall be deposited in the county general fund; 
19.1 	(4) subject to paragraph (b), for the entry of each memorial on a certificate, $46. 
19.2 	For multiple certificate entries, $20 thereafter. Pursuant to clause (1), distribution of 
19.3 	this fee is as follows: 
19.4 	(i) $12 shall be paid to the state treasury and credited to the general fund; 
19.5 	(ii) $10 shall be deposited in the technology fund pursuant to section 357.18, 
19.6 	subdivision 3; 
19.7 	(iii) $24 shall be deposited in the county general fund; and 
19.8 	(iv) $20 shall be deposited in the county general fund for each multiple entry used; 
19.9 	(5) for issuing each residue certificate and each additional new certificate, $40; 
19.10 	(6) for exchange certificates, $20 for each certificate canceled and $20 for each 
19.11 	new certificate issued; 
19.12 	(7) for each certificate showing condition of the register, $50; 
19.13 	(8) for any certified copy of any instrument or writing on file or recorded in the 
19.14 	registrar of titles' office, $10; 
19.15 	(9) for a noncertified copy of any certificate of title, other than the copies issued 
19.16 	under clauses (2) and (3), any instrument or writing on file or recorded in the office of 
19.17 	the registrar of titles, or any specified page or part of it, an amount as determined by the 
19.18 	county board for each page or fraction of a page specified. If computer or microfilm 
19.19 	printers are used to reproduce the instrument or writing, a like amount per image; 
19.20 	(10) for a noncertified copy of any document submitted for recording, if the original 
19.21 	document is accompanied by a copy or duplicate original, $2. Upon receipt of the copy 
19.22 	or duplicate original and payment of the fee, a registrar of titles shall return it marked 
19.23 	"copy" or "duplicate," showing the recording date and, if available, the document number 
19.24 	assigned to the original; 
19.25 	(11) for filing two copies of any plat, other than a CIC plat complying with section 
19.26 	515B.2-110, paragraph (c), in the office of the registrar, $56. Pursuant to clause (1), 
19.27 	distribution of this fee is as follows: 
19.28 	(i) $12 shall be paid to the state treasury and credited to the general fund; 
19.29 	(ii) $10 shall be deposited in the technology fund pursuant to section 357.18, 
19.30 	subdivision 3; and 
19.31 	(iii) $34 shall be deposited in the county general fund; 
19.32 	(12) for any other service under this chapter, such fee as the court shall determine; 
19.33 	(13) for filing any document affecting two or more units in a condominium governed 
19.34 	by chapter 515, $46 for the first certificate upon which the document is registered, and for 
19.35 	multiple certificate entries, $20 for each additional certificate upon which the document 
19.36 	is registered. For purposes of this paragraph, an amendment to the declaration of a 
20.1 	condominium governed by chapter 515 and a related amendment to the condominium 
20.2 	floor plans shall be considered a single document, and the filing fee shall be $56 for the 
20.3 	first certificate upon which the document is registered, and for multiple certificate entries, 
20.4 	$20 for each additional certificate upon which the document is registered.  Pursuant to 
20.5 	clause (1), distribution of this fee is as follows: 
20.6 	(i) $12 shall be paid to the state treasury and credited to the general fund; 
20.7 	(ii) $10 shall be deposited in the technology fund pursuant to section 357.18, 
20.8 	subdivision 3; 
20.9 	(iii) $24 shall be deposited in the county general fund for amendment to a declaration; 
20.10 	(iv) $20 shall be deposited in the county general fund for each multiple entry 
20.11 	used; and 
20.12 	(v) $34 shall be deposited in the county general fund for an amended floor plan; 
20.13 	(14) for issuance of a CECT pursuant to section 508.351, $40; 
20.14 	(15) for filing a common interest community declaration and a CIC plat complying 
20.15 	with section 515B.2-110, paragraph (c); an amendment to a common interest community 
20.16 	declaration and a related amendment to a CIC plat complying with section 515B.2-110, 
20.17 	paragraph (c); or a supplemental declaration and a related supplemental CIC plat 
20.18 	complying with section 515B.2-110, paragraph (c), each of which related documents 
20.19 	shall be considered a single document, the filing fee shall be $56 for the first certificate 
20.20 	upon which the document is registered, and for multiple certificate entries, $20 for each 
20.21 	additional certificate upon which the document is registered. For filing any other document 
20.22 	affecting two or more units in a common interest community, the filing fee shall be $46 
20.23 	for the first certificate upon which the document is registered, and for multiple certificate 
20.24 	entries, $20 for each additional certificate upon which the document is registered. The 
20.25 	same fees shall apply to filing any document affecting two or more units or other parcels 
20.26 	subject to a master declaration. Pursuant to clause (1), distribution of this fee is as follows: 
20.27 	(i) $12 shall be paid to the state treasury and credited to the general fund; 
20.28 	(ii) $10 shall be deposited in the technology fund pursuant to section 357.18, 
20.29 	subdivision 3; 
20.30 	(iii) $24 shall be deposited in the county general fund for the filing of an amendment 
20.31 	complying with section 515B.2-110, subsection (c); 
20.32 	(iv) $20 shall be deposited in the county general fund for each multiple entry 
20.33 	used; and 
20.34 	(v) $34 shall be deposited in the county general fund for the filing of a condominium 
20.35 	or CIC plat or amendment; 
21.1 	(16) for a copy of a condominium floor plan filed in accordance with chapter 515, 
21.2 	or a copy of a common interest community plat complying with section 515B.2-110, 
21.3 	subsection (c), the fee shall be $1 for each page of the floor plan or common interest 
21.4 	community plat with a minimum fee of $10; 
21.5 	(17) for the filing of a certified copy of a plat of the survey pursuant to section 
21.6 	508.23 or 508.671, $46. Pursuant to clause (1), distribution of this fee is as follows: 
21.7 	(i) $12 shall be paid to the state treasury and credited to the general fund; 
21.8 	(ii) $10 shall be deposited in the technology fund pursuant to section 357.18, 
21.9 	subdivision 3; and 
21.10 	(iii) $24 shall be deposited in the county general fund; 
21.11 	(18) for filing a registered land survey in triplicate in accordance with section 
21.12 	508.47, subdivision 4, $56. Pursuant to clause (1), distribution of this fee is as follows: 
21.13 	(i) $12 shall be paid to the state treasury and credited to the general fund; 
21.14 	(ii) $10 shall be deposited in the technology fund pursuant to section 357.18, 
21.15 	subdivision 3; and 
21.16 	(iii) $34 shall be deposited in the county general fund; and 
21.17 	(19) for furnishing a certified copy of a registered land survey in accordance with 
21.18 	section 508.47, subdivision 4, $15. 
21.19 	(b) During the period from the effective date of sections 583.40 to 583.49 through 
21.20 	December 31, 2012, the fee under paragraph (a), clause (4), for entry of a memorial of a 
21.21 	notice of pendency of a foreclosure by advertisement under section 580.032 or a notice of 
21.22 	lis pendens for a foreclosure by action under section 557.02 is increased by $125; this 
21.23 	amount is to be paid to the state treasury and credited to the Homestead-Lender Mediation 
21.24 	Act account in the special revenue fund.

21.25 	Sec. 3. Minnesota Statutes 2008, section 508A.82, subdivision 1, is amended to read:
21.26 		Subdivision 1.Standard documents. (a) The fees to be charged by the registrar of 
21.27 	titles shall be and not exceed the following:
21.28 	(1) of the fees provided herein, $1.50 of the fees collected under clauses (2), (3), 
21.29 	(5), (12), (14), (16), and (19) for filing or memorializing shall be paid to the state treasury 
21.30 	pursuant to section 508.75 and credited to the general fund;
21.31 	(2) for registering a first CPT, including issuing a copy of it, $46. Pursuant to clause 
21.32 	(1), distribution of the fee is as follows:
21.33 	(i) $10.50 shall be paid to the state treasury and credited to the general fund;
21.34 	(ii) $10 shall be deposited in the technology fund pursuant to section 357.18, 
21.35 	subdivision 3; and
22.1 	(iii) $25.50 shall be deposited in the county general fund;
22.2 	(3) for registering each instrument transferring the fee simple title for which a 
22.3 	new CPT is issued and for the registration of the new CPT, including a copy of it, $46. 
22.4 	Pursuant to clause (1), distribution of the fee is as follows:
22.5 	(i) $12 shall be paid to the state treasury and credited to the general fund;
22.6 	(ii) $10 shall be deposited in the technology fund pursuant to section 357.18, 
22.7 	subdivision 3; and
22.8 	(iii) $24 shall be deposited in the county general fund;
22.9 	(4) for issuance of a CECT pursuant to section 508A.351,  $40;
22.10 	(5) subject to paragraph (b), for the entry of each memorial on a CPT, $46; for 
22.11 	multiple certificate entries, $20 thereafter. Pursuant to clause (1), distribution of the fee 
22.12 	is as follows:
22.13 	(i) $12 shall be paid to the state treasury and credited to the general fund;
22.14 	(ii) $10 shall be deposited in the technology fund pursuant to section 357.18, 
22.15 	subdivision 3;
22.16 	(iii) $24 shall be deposited in the county general fund; and
22.17 	(iv) $20 shall be deposited in the county general fund for each multiple entry used;
22.18 	(6) for issuing each residue CPT, $40;
22.19 	(7) for exchange CPTs or combined certificates of title, $20 for each CPT and 
22.20 	certificate of title canceled and $20 for each new CPT or combined certificate of title 
22.21 	issued;
22.22 	(8) for each CPT showing condition of the register, $50;
22.23 	(9) for any certified copy of any instrument or writing on file or recorded in the 
22.24 	registrar of titles' office, $10;
22.25 	(10) for a noncertified copy of any CPT, other than the copies issued under clauses 
22.26 	(2) and (3), any instrument or writing on file or recorded in the office of the registrar of 
22.27 	titles, or any specified page or part of it, an amount as determined by the county board for 
22.28 	each page or fraction of a page specified. If computer or microfilm printers are used to 
22.29 	reproduce the instrument or writing, a like amount per image;
22.30 	(11) for a noncertified copy of any document submitted for recording, if the original 
22.31 	document is accompanied by a copy or duplicate original, $2. Upon receipt of the copy 
22.32 	or duplicate original and payment of the fee, a registrar of titles shall return it marked 
22.33 	"copy" or "duplicate," showing the recording date and, if available, the document number 
22.34 	assigned to the original;
22.35 	(12) for filing two copies of any plat in the office of the registrar, $56. Pursuant to 
22.36 	clause (1), distribution of the fee is as follows:
23.1 	(i) $12 shall be paid to the state treasury and credited to the general fund;
23.2 	(ii) $10 shall be deposited in the technology fund pursuant to section 357.18, 
23.3 	subdivision 3; and
23.4 	(iii) $34 shall be deposited in the county general fund;
23.5 	(13) for any other service under sections 508A.01 to 508A.85, the fee the court 
23.6 	shall determine;
23.7 	(14) for filing an amendment to a declaration in accordance with chapter 515, $46 
23.8 	for each certificate upon which the document is registered and for multiple certificate 
23.9 	entries, $20 thereafter; $56 for an amended floor plan filed in accordance with chapter 
23.10 	515. Pursuant to clause (1), distribution of the fee is as follows:
23.11 	(i) $12 shall be paid to the state treasury and credited to the general fund;
23.12 	(ii) $10 shall be deposited in the technology fund pursuant to section 357.18, 
23.13 	subdivision 3;
23.14 	(iii) $24 shall be deposited in the county general fund for amendment to a declaration;
23.15 	(iv) $20 shall be deposited in the county general fund for each multiple entry 
23.16 	used; and
23.17 	(v) $34 shall be deposited in the county general fund for an amended floor plan;
23.18 	(15) for issuance of a CECT pursuant to section 508.351, $40;
23.19 	(16) for filing an amendment to a common interest community declaration, including 
23.20 	a supplemental declaration, and plat or amendment complying with section 515B.2-110, 
23.21 	subsection (c), and issuing a CECT if required, $46 for each certificate upon which the 
23.22 	document is registered and for multiple certificate entries, $20 thereafter; $56 for the filing 
23.23 	of the condominium or common interest community plat or amendment. See section 
23.24 	515B.1-116 for special requirement relating to a common interest community. Pursuant to 
23.25 	clause (1), distribution of the fee is as follows:
23.26 	(i) $12 shall be paid to the state treasury and credited to the general fund;
23.27 	(ii) $10 shall be deposited in the technology fund pursuant to section 357.18, 
23.28 	subdivision 3;
23.29 	(iii) $24 shall be deposited in the county general fund for the filing of an amendment 
23.30 	complying with section 515B.2-110, subsection (c);
23.31 	(iv) $20 shall be deposited in the county general fund for each multiple entry 
23.32 	used; and
23.33 	(v) $34 shall be deposited in the county general fund for the filing of a condominium 
23.34 	or CIC plat or amendment;
23.35 	(17) for a copy of a condominium floor plan filed in accordance with chapter 515, 
23.36 	or a copy of a common interest community plat complying with section 515B.2-110, 
24.1 	subsection (c), the fee shall be $1 for each page of the floor plan, or common interest 
24.2 	community plat with a minimum fee of $10;
24.3 	(18) in counties in which the compensation of the examiner of titles is paid in 
24.4 	the same manner as the compensation of other county employees, for each parcel of 
24.5 	land contained in the application for a CPT, as the number of parcels is determined by 
24.6 	the examiner, a fee which is reasonable and which reflects the actual cost to the county, 
24.7 	established by the board of county commissioners of the county in which the land is 
24.8 	located;
24.9 	(19) for filing a registered land survey in triplicate in accordance with section 
24.10 	508A.47, subdivision 4, $56. Pursuant to clause (1), distribution of the fee is as follows:
24.11 	(i) $12 shall be paid to the state treasury and credited to the general fund;
24.12 	(ii) $10 shall be deposited in the technology fund pursuant to section 357.18, 
24.13 	subdivision 3; and
24.14 	(iii) $34 shall be deposited in the county general fund; and
24.15 	(20) for furnishing a certified copy of a registered land survey in accordance with 
24.16 	section 508A.47, subdivision 4, $15.
24.17 	(b) During the period from the effective date of sections 583.40 to 583.49 through 
24.18 	December 31, 2012, the fee under paragraph (a), clause (5), for entry of a memorial of a 
24.19 	notice of pendency of a foreclosure by advertisement under section 580.032 or a notice of 
24.20 	lis pendens for a foreclosure by action under section 557.02 is increased by $125; this 
24.21 	amount is to be paid to the state treasury and credited to the Homestead-Lender Mediation 
24.22 	Act account in the special revenue fund.

24.23 	Sec. 4. HOMESTEAD-LENDER MEDIATION ACT ACCOUNT.
24.24 		Subdivision 1.Establishment. The Homestead-Lender Mediation Act account is 
24.25 	established in the state treasury.
24.26 		Subd. 2.Generally. The Homestead-Lender Mediation Act account shall be 
24.27 	administered by the Minnesota Housing Finance Authority for the purposes described in 
24.28 	this section. Any interest or profit accruing from investment of money in the account shall 
24.29 	be credited to the Homestead-Lender Mediation Act account.
24.30 		Subd. 3.Expenditures. (a) Money in the Homestead-Lender Mediation Act 
24.31 	account may only be used: 
24.32 	(1) to pay for the compensation of mediators appointed by the attorney general under 
24.33 	the Homestead-Lender Mediation Act, Minnesota Statutes, section 583.42, subdivision 3;
24.34 	(2) for reasonable reimbursement for staff and other administrative costs incurred by 
24.35 	the attorney general associated with the Homestead-Lender Mediation Act; and
25.1 	(3) for reimbursement of any funds deposited into the Homestead-Lender Mediation 
25.2 	Act account in advance of sufficient revenue to the account.
25.3 	(b) Money in the Homestead-Lender Mediation Act account is appropriated to the 
25.4 	Minnesota Housing Finance Authority to make payments as provided in this subdivision.
25.5 		Subd. 4.Appropriation and reimbursement. (a) Upon expiration of the 
25.6 	Homestead-Lender Mediation Act, as specified in Minnesota Statutes, section 583.50, any 
25.7 	unused funds left in the Homestead-Lender Mediation Act account shall be transferred 
25.8 	to the general fund.
25.9 	(b) Services provided under the Homestead-Lender Mediation Act are on a 
25.10 	first-come, first-served basis to the extent of available funds in the Homestead-Lender 
25.11 	Mediation Act account.

25.12 	Sec. 5. EFFECTIVE DATE.
 25.13 	This article is effective July 1, 2009.