1.1 	A bill for an act
1.2 	relating to real estate; streamlining the process of connecting an owner facing 
1.3 	a residential mortgage foreclosure with an authorized foreclosure prevention 
1.4 	agency and with a person authorized to negotiate on behalf of the foreclosing 
1.5 	lender;amending Minnesota Statutes 2008, section 580.021, subdivision 3; 
1.6 	repealing Minnesota Statutes 2008, sections 580.021, subdivision 4; 580.022, 
1.7 	subdivision 2.
1.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9 	Section 1. Minnesota Statutes 2008, section 580.021, subdivision 3, is amended to read:
1.10 		Subd. 3. Notification to authorized counseling agency. The party entitled 
1.11 	to foreclose shall, within one week ofafter sending the notice prescribed in section 
1.12 	580.022, provide to the appropriate authorized foreclosure prevention agency the 
1.13 	following information to the appropriate authorized foreclosure prevention agency in a 
1.14 	nonproprietary database or spreadsheet format, when available in that format. Electronic 
1.15 	transmittal of the database must occur by secure e-mail, which is encrypted by the sender 
1.16 	to prevent persons other than the intended recipient from reading its content, unless the 
1.17 	party entitled to foreclose does not have the capability to send via secure e-mail or in a 
1.18 	nonproprietary database or spreadsheet format, in which case it must be sent by regular 
1.19 	mail. The information must include the mortgagor's name, mailing address, and most 
1.20 	recent known daytime and evening telephone number numbers, any known e-mail address, 
1.21 	and the address of the property at risk of foreclosure if different from the mortgagor's 
1.22 	mailing address. 
1.23 	In the same communication, the mortgagee shall also provide the name and contact 
1.24 	information of the agent of the mortgagee authorized to discuss and negotiate resolution 
1.25 	of the default. The mortgagee contact information must include the agent's name, mail 
2.1 	and e-mail addresses, and direct phone and fax numbers. The contact information must 
2.2 	also include the name, direct phone number, and e-mail address of the loss mitigation 
2.3 	department manager or in the absence of a loss mitigation department, an individual 
2.4 	authorized to discuss workout options. The agent must be an individual authorized by the 
2.5 	mortgagee to:
2.6 	(1) discuss the terms of the mortgage with the authorized foreclosure prevention 
2.7 	agency or the mortgagor; and
2.8 	(2) negotiate any resolution of the mortgagor's default.
2.9 	Nothing in this subdivision requires a mortgagee to reach a resolution relating to 
2.10 	the mortgagor's default.
2.11 	Failure to provide all the data required by this section or to provide the data in a 
2.12 	database or spreadsheet format, or by secure e-mail or otherwise, does not invalidate the 
2.13 	sale provided the mortgagee makes a good-faith effort to provide the data, or makes a 
2.14 	bona fide error.

2.15 	EFFECTIVE DATE. This section is effective August 1, 2010, and applies to 
2.16 	foreclosures in which the notice required under Minnesota Statutes, section 580.021, 
2.17 	subdivision 2, is provided on or after that date.

2.18 	Sec. 2.  REPEALER.
 2.19 	Minnesota Statutes 2008, sections 580.021, subdivision 4; and 580.022, subdivision 
2.20 	2, are repealed.

2.21 	EFFECTIVE DATE. This section is effective August 1, 2010, and applies to 
2.22 	foreclosures in which the notice required under Minnesota Statutes, section 580.021, 
2.23 	subdivision 2, is provided on or after that date.