HF 1882

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to real property; providing for fee changes 
  1.3             for filing and recording certain documents; amending 
  1.4             Minnesota Statutes 1996, sections 357.18, subdivisions 
  1.5             1, 2, and 3; 508.82, subdivision 1; and 515B.1-116. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1996, section 357.18, 
  1.8   subdivision 1, is amended to read: 
  1.9      Subdivision 1.  The fees to be charged by the county 
  1.10  recorder shall be as follows: 
  1.11     (1) for indexing and recording any deed or other instrument 
  1.12  document, $1 for each page of an instrument a document, with a 
  1.13  minimum fee of $15 $20; 
  1.14     (2) for documents containing multiple assignments, partial 
  1.15  releases, or satisfactions, $10 for each document number 
  1.16  or additional book and page cited; 
  1.17     (3) for certified copies a certified copy of any records or 
  1.18  papers record or paper, $1 for each page of an instrument with a 
  1.19  minimum fee of $5: 
  1.20     (i) for an uncertified copy of any recorded document, $1 
  1.21  for each page; and 
  1.22     (ii) for affixing duplicate recording data onto a copy 
  1.23  submitted by the customer at the time of filing subject to 
  1.24  section 508.38, $2 per document number assigned; 
  1.25     (4) for an abstract of title, the fees shall be determined 
  2.1   by resolution of the county board duly adopted upon the 
  2.2   recommendation of the county recorder, and the fees shall not 
  2.3   exceed $5 for every entry, $50 for abstract certificate, $1 per 
  2.4   page for each exhibit included within an abstract as a part of 
  2.5   an abstract entry, and $2 per name for each required name search 
  2.6   certification; 
  2.7      (5) for a certified copy of an official plat filed pursuant 
  2.8   to section 505.08, the fee shall be $9.50 and an additional 50 
  2.9   cents shall be charged for the certification of each plat $10 
  2.10  for the first five pages, $2 each additional page; 
  2.11     (6) for filing a condominium floor plan plat in accordance 
  2.12  with section 515.13, or a condominium plat in accordance with 
  2.13  section 515A.2-110, the fee shall be 50 cents per apartment with 
  2.14  a minimum fee of $30 chapter 505, the fee is $55; and for filing 
  2.15  a CIC declaration and CIC plat in the form prescribed in section 
  2.16  515B.2-110, paragraph (c), or an amendment to either in 
  2.17  accordance with chapter 515, 515A, or 515B, the fee is $75; 
  2.18     (7) for a certified copy of a condominium or CIC floor plan 
  2.19  filed pursuant to section 515.13, or a copy of a condominium 
  2.20  plat filed in accordance with section 515A.2-110, chapter 515, 
  2.21  515A, or 515B, the fee shall be $1 for each page of the floor 
  2.22  plan or condominium plat with a minimum fee of is $10 for the 
  2.23  first five pages, and $2 for each additional page; and 
  2.24     (8) for items requested to be sent by means other than 
  2.25  first class mail, the recorder may charge a handling fee of $5 
  2.26  in addition to the charge for copying, postage, and delivery.  
  2.27     Sec. 2.  Minnesota Statutes 1996, section 357.18, 
  2.28  subdivision 2, is amended to read: 
  2.29     Subd. 2.  Notwithstanding the provisions of any general or 
  2.30  special law to the contrary, the fees prescribed by this section 
  2.31  shall govern the filing or recording of all instruments in the 
  2.32  office of the county recorder other than uniform commercial code 
  2.33  documents, and documents filed or recorded pursuant to sections 
  2.34  270.69, subdivision 2, paragraph (c), 272.481 to 272.488, 
  2.35  277.20, and 386.77, and 514.982. 
  2.36     Sec. 3.  Minnesota Statutes 1996, section 357.18, 
  3.1   subdivision 3, is amended to read: 
  3.2      Subd. 3.  [STATE SURCHARGE.] In addition to The fees 
  3.3   imposed in provided and collected under subdivision 1, clauses 
  3.4   (1), (2), and (6), include a $4.50 state surcharge shall be 
  3.5   collected:  on each fee charged under subdivision 1, clauses (1) 
  3.6   and (6), and for each abstract certificate under subdivision 1, 
  3.7   clause (4) for each document number assigned.  Fifty cents of 
  3.8   each surcharge shall be retained by the county to cover its 
  3.9   administrative costs and $4 shall be paid to the state treasury 
  3.10  and credited to the general fund. 
  3.11     Sec. 4.  Minnesota Statutes 1996, section 508.82, 
  3.12  subdivision 1, is amended to read: 
  3.13     Subdivision 1.  [STANDARD DOCUMENTS.] The fees to be paid 
  3.14  to the registrar shall be as follows: 
  3.15     (1) of the fees provided herein, five percent of the fees 
  3.16  collected under clauses (3), (4), (10), (12), (13), (14), (16), 
  3.17  (17), and (18), for filing or memorializing shall be paid to the 
  3.18  state treasurer and credited to the general fund; plus a $4.50 
  3.19  surcharge shall be charged and collected in addition to the 
  3.20  total fees charged for each transaction under clauses (2) to 
  3.21  (5), (10), (12), (14), and (18), with 50 cents of this surcharge 
  3.22  to be retained by the county to cover its administrative costs 
  3.23  and $4 to be paid to the state treasury and credited to the 
  3.24  general fund; 
  3.25     (2) (1) for registering each original certificate of title, 
  3.26  and issuing a duplicate of it, $30 $35; 
  3.27     (3) (2) for registering filing each instrument document 
  3.28  transferring the fee simple title for which a and issuing each 
  3.29  new certificate of title is issued and for the issuance and 
  3.30  registration of the new certificate of title, $30, $35; 
  3.31     (4) (3) for the entry of each memorial on a certificate and 
  3.32  endorsements upon duplicate certificates, $15, $20, or for entry 
  3.33  of a memorial on each additional certificate, $20; 
  3.34     (5) (4) for issuing each residue certificate, $20 $35; 
  3.35     (6) (5) for exchange certificates, $10 for each certificate 
  3.36  canceled, and $10 $20 for each new certificate issued; 
  4.1      (7) (6) for each certificate showing condition of the 
  4.2   register, $10; 
  4.3      (8) (7) for any a certified copy of any instrument or 
  4.4   writing document on file in the registrar's office, the same 
  4.5   fees allowed by law to county recorders for like services, $1 
  4.6   for each page with a minimum fee of $5; 
  4.7      (9) for a noncertified copy of any instrument or writing on 
  4.8   file in the office of the registrar of titles, or any specified 
  4.9   page or part of it, an amount as determined by the county board 
  4.10  for each page or fraction of a page specified.  If computer or 
  4.11  microfilm printers are used to reproduce the instrument or 
  4.12  writing, a like amount per image; 
  4.13     (i) for an uncertified copy of any document on file, $1 for 
  4.14  each page; and 
  4.15     (ii) for affixing duplicate recording data onto a copy 
  4.16  submitted by the customer at the time of filing subject to 
  4.17  section 508.38, $2 per document number assigned; 
  4.18     (10) (8) for filing two copies of any plat in the office of 
  4.19  the registrar, $30 pursuant to section 505.08 and entry as a 
  4.20  memorial on a certificate, $55; and for entry of a memorial on 
  4.21  each additional certificate, $20; 
  4.22     (11) (9) for any other service under this chapter, such fee 
  4.23  as the court shall determine; 
  4.24     (12) (10) for issuing a duplicate certificate of title 
  4.25  pursuant to a court order or the directive of the examiner of 
  4.26  titles in counties in which the compensation of the examiner is 
  4.27  paid in the same manner as the compensation of other county 
  4.28  employees, $50, plus $10 to memorialize $65 for the new 
  4.29  certificate; 
  4.30     (13) (11) for issuing a duplicate certificate of title 
  4.31  pursuant to a court order or the directive of the examiner of 
  4.32  titles in counties in which the compensation of the examiner is 
  4.33  not paid by the county or pursuant to an order of the court, 
  4.34  $10, $35; 
  4.35     (14) (12) for filing a condominium plat or an amendment to 
  4.36  it in accordance with chapter 515 and entry as a memorial on a 
  5.1   certificate of title, $30 $55; and for entry of a memorial on 
  5.2   each additional certificate, $20; 
  5.3      (15) (13) for a certified copy of a condominium plat filed 
  5.4   pursuant to chapters 515 and 515A, the fee shall be $1 for each 
  5.5   page of the condominium plat with a minimum fee of an official 
  5.6   plat, floor plan, or registered land survey, $10 for the first 
  5.7   five pages, and $2 for each additional page; 
  5.8      (16) (14) for filing a condominium CIC declaration and 
  5.9   plat in the form prescribed in section 515B.2-110, paragraph 
  5.10  (c), and CIC plat or an amendment to it either in accordance 
  5.11  with chapter 515A, $10 for each certificate upon which the 
  5.12  document is registered and $30 for the filing of the condominium 
  5.13  plat or an amendment thereto or 515B and entry as a memorial on 
  5.14  a certificate, $75; and for entry of a memorial on each 
  5.15  additional certificate, $20.  If a common interest community is 
  5.16  located on registered land, the recording fee for any document 
  5.17  affecting two or more units shall be the then current fee for 
  5.18  registering the document on the certificates of title for the 
  5.19  first ten affected certificates, and $5 for each additional 
  5.20  affected certificate.  This conditional provision does not apply 
  5.21  to recording fees for deeds of conveyance, but does apply to 
  5.22  deeds given pursuant to sections 515B.2-119 and 515B.3-112; 
  5.23     (17) (15) for the filing of a certified copy of a plat of 
  5.24  the survey pursuant to section 508.23 or 508.671, $10 $20; and 
  5.25  for entry of a memorial on each additional certificate, $20; 
  5.26     (18) (16) for filing a registered land survey in triplicate 
  5.27  in accordance with section 508.47, subdivision 4, $30 and entry 
  5.28  as a memorial on a certificate, $55; for entry of a memorial on 
  5.29  each additional certificate, $20; 
  5.30     (19) (17) for furnishing a certified copy of a registered 
  5.31  land survey in accordance with section 508.47, subdivision 4, 
  5.32  $10. items requested to be sent by means other than first class 
  5.33  mail, the registrar may charge a handling fee of $5 in addition 
  5.34  to the charge for copying, postage, and delivery; 
  5.35     (18) $1 of the fees collected under clauses (2), (3), (8), 
  5.36  (10), (11), (12), (14), (15), and (16) for filing or 
  6.1   memorializing must be paid to the state treasurer and credited 
  6.2   to the general fund; and 
  6.3      (19) the fees provided and collected under clauses (1), 
  6.4   (2), (3), (4), (5), (8), (12), (14), (15), and (16) include a 
  6.5   $4.50 state surcharge for each document number assigned.  Fifty 
  6.6   cents of each surcharge shall be retained by the county to cover 
  6.7   its administrative costs, and $4 shall be paid to the state 
  6.8   treasury and credited to the general fund. 
  6.9      Sec. 5.  Minnesota Statutes 1996, section 515B.1-116, is 
  6.10  amended to read: 
  6.11     515B.1-116 [RECORDING.] 
  6.12     (a) A declaration, bylaws, any amendment to a declaration 
  6.13  or bylaws, and any other instrument affecting a common interest 
  6.14  community shall be entitled to be recorded.  In those counties 
  6.15  which have a tract index, the county recorder shall enter the 
  6.16  declaration in the tract index for each unit affected.  The 
  6.17  registrar of titles shall file the declaration on the 
  6.18  certificate of title for each unit affected. 
  6.19     (b) The recording officer shall upon request promptly 
  6.20  assign a number (CIC number) to a common interest community to 
  6.21  be formed or to a common interest community resulting from the 
  6.22  merger of two or more common interest communities. 
  6.23     (c) Documents recorded pursuant to this chapter shall in 
  6.24  the case of registered land be filed, and references to the 
  6.25  recording of documents shall mean filed in the case of 
  6.26  registered land. 
  6.27     (d) Subject to any specific requirements of this chapter, 
  6.28  if any document to be recorded pursuant to this chapter requires 
  6.29  approval by a certain vote or agreement of the unit owners or 
  6.30  secured parties, an affidavit of the secretary of the 
  6.31  association stating that the required vote or agreement has 
  6.32  occurred shall be attached to the document and shall constitute 
  6.33  prima facie evidence of the representations contained therein. 
  6.34     (e) If a common interest community is located on registered 
  6.35  land, the recording fee for any document affecting two or more 
  6.36  units shall be the then-current fee for registering the document 
  7.1   on the certificates of title for the first ten affected 
  7.2   certificates and one-third of the then-current fee $5 for each 
  7.3   additional affected certificate.  This provision shall not apply 
  7.4   to recording fees for deeds of conveyance, with the exception of 
  7.5   deeds given pursuant to sections 515B.2-119 and 515B.3-112. 
  7.6      (f) An amendment to or restatement of a declaration or 
  7.7   bylaws, or an amended CIC plat, approved by the required vote of 
  7.8   unit owners of an association may be recorded without the 
  7.9   necessity of paying the current or delinquent taxes on any of 
  7.10  the units in the common interest community. 
  7.11     (g) The registrar of titles shall not require the filing on 
  7.12  certificates of title previously issued for units in a flexible 
  7.13  common interest community of an amendment to a declaration 
  7.14  pursuant to section 515B.2-111 made solely to add additional 
  7.15  real estate.