HF 3474

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to mortgages; providing for abandonment of premises under certain
circumstances; amending Minnesota Statutes 2006, section 582.032, subdivision
7.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 582.032, subdivision 7, is amended to read:

Subd. 7.

Hearing; evidence; order.

At the hearing on the summons and complaint
or order to show cause, the court shall enter an order reducing the mortgagor's redemption
period as provided in subdivision 2 or 3, as applicable, if evidence is presented supporting
the allegations in the complaint or motion and no appearance is made to oppose the relief
sought. An affidavit by the sheriff or a deputy sheriff of the county in which the mortgaged
premises are located, or of a building inspector, zoning administrator, housing official, or
other municipal or county official having jurisdiction over the mortgaged premises, stating
that the mortgaged premises are not actually occupied and further setting forth any of the
following supporting facts, is prima facie evidence of abandonment:

(1) windows or entrances to the premises are boarded up or closed off, or multiple
window panes are broken and unrepaired;

(2) doors to the premises are smashed through, broken off, unhinged, or continuously
unlocked;

(3) gas, electric, or water service to the premises has been terminated;

(4) rubbish, trash, or debris has accumulated on the mortgaged premises;

(5) the police or sheriff's office has received at least two reports of trespassers on the
premises, or of vandalism or other illegal acts being committed on the premises; or

(6) the premises are deteriorating and are either below or are in imminent danger of
falling below minimum community standards for public safety and sanitation.

An affidavit of the party foreclosing the mortgage or holding the sheriff's certificate,
or one of their agents or contractors, stating any of the above supporting facts, and that
the affiant has changed locks on the mortgaged premises under section 582.031 and that
for a period of ten days no party having a legal possessory right has requested entrance
to the premises, is also prima facie evidence of abandonment. Either affidavit described
above, or an affidavit from any other person having knowledge, may state facts supporting
any other allegations in the complaint or motion and is prima facie evidence of the
same. Written statements of the mortgagor, the mortgagor's personal representatives or
assigns, including documents of conveyance, which indicate a clear intent to abandon
the premises, are conclusive evidence of abandonment. In the absence of affidavits or
written statements, or if rebuttal evidence is offered by the defendant or a party lawfully
claiming through the defendant, the court may consider any competent evidence, including
oral testimony, concerning any allegation in the complaint or motion. new text begin A defendant's
failure to appear at the hearing after service of process in compliance with subdivision
6 is conclusive evidence of abandonment by the defendant. new text end An order entered under this
section must contain a legal description of the mortgaged premises.