1.1 	A bill for an act
1.2 	relating to real property; modifying requirements for an action based on mortgage 
1.3 	foreclosure dual tracking;amending Minnesota Statutes 2016, section 582.043, 
1.4 	subdivision 7.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2016, section 582.043, subdivision 7, is amended to read:
1.7 		Subd. 7.Relief. (a) A mortgagor has a cause of action, based on a violation of this 
1.8 	section, to enjoin or set aside a sale. A mortgagor who prevails in an action to set aside or 
1.9 	enjoin a sale, or who successfully defends a foreclosure by action based on a violation of 
1.10 	this section, is entitled to reasonable attorney fees and costs.
1.11 	(b) A lis pendens must be recorded prior to the expiration of the mortgagor's applicable 
1.12 	redemption period under section 580.23 or 582.032 for an action taken under paragraph (a). 
1.13 	The failure to record the lis pendens creates a conclusive presumption that the servicer has 
1.14 	complied with this section. Upon motion made after the expiration of the applicable 
1.15 	redemption period, the court may extend the time to record a lis pendens if the failure to do 
1.16 	so was the result of excusable neglect.

1.17 	EFFECTIVE DATE; APPLICATION. This section is effective the day following 
1.18 	final enactment and applies to actions pending on or commenced on or after that date.