HF 3516

4th Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to real property; providing specification of certain information about a
premises subject to foreclosure; providing for electronic recording; requiring
a report; amending Minnesota Statutes 2006, sections 14.03, subdivision 3;
58.02, by adding a subdivision; 287.08; 287.241; 287.25; 386.03; 386.19;
386.26, subdivision 1; 386.31; 386.409; 507.093; 507.40; 507.46, subdivision 1;
Minnesota Statutes 2007 Supplement, section 507.24, subdivision 2; proposing
coding for new law in Minnesota Statutes, chapters 272; 507; 580.

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

ARTICLE 1

FORECLOSURE DATA

Section 1.

Minnesota Statutes 2006, section 58.02, is amended by adding a subdivision
to read:

new text begin Subd. 30. new text end

new text begin Transaction agent. new text end

new text begin A "transaction agent" is the person identified in a
mortgage recorded with the county recorder or registrar of titles as the nominee or agent
for a third party also identified in the mortgage.
new text end

Sec. 2.

new text begin [580.025] FORECLOSURE DATA.
new text end

new text begin The notice of pendency required by section 580.032, subdivision 3; the notice of
sale required by section 580.04; and the certificate of sale required by section 580.12 shall
include the following information to the best of the knowledge of the party foreclosing
the mortgage:
new text end

new text begin (1) the physical street address, city, and zip code of the mortgaged premises;
new text end

new text begin (2) the name of the transaction agent, residential mortgage servicer, and the lender
or broker, as defined in section 58.02, if the person holding the mortgage is a transaction
agent as defined in section 58.02, subdivision 30, or the name of the residential mortgage
servicer and the lender or broker, as defined in section 58.02, if the person holding the
mortgage is not a transaction agent as defined in section 58.02, subdivision 30;
new text end

new text begin (3) the tax parcel identification number of the mortgaged premises;
new text end

new text begin (4) if stated on the mortgage, the transaction agent's mortgage identification number;
and
new text end

new text begin (5) if stated on the mortgage, the name of the mortgage originator as defined in
section 58.02.
new text end

new text begin No liability shall accrue to the party foreclosing the mortgage or the party's attorney
for de minimis, good faith, or commercially reasonable errors in this information. The
omission of all or some of the information required by this section from the notice shall
not invalidate the foreclosure of the mortgage.
new text end

Sec. 3. new text begin STUDY TO DEVELOP STATEWIDE FORECLOSURE DATA
COLLECTION AND REPORTING SYSTEM.
new text end

new text begin Subdivision 1. new text end

new text begin Study. new text end

new text begin The secretary of state shall convene, chair, and facilitate a
Statewide Foreclosure Data Collection group to study the most efficient and cost-effective
way to develop and implement an electronic system for the submission, collection, entry,
retrieval, management, and assessment of statewide foreclosure data. The study shall
consider the applicability to the collection of foreclosure data of the electronic certificate
of real estate value and well certification programs.
new text end

new text begin Subd. 2. new text end

new text begin Working group. new text end

new text begin The study under subdivision 1 must be conducted in
consultation with a statewide working group including, but not limited to, representatives
from the Legislative Coordinating Commission's Geographic Information Services
Office, the Information Policy Analysis Division of the Department of Administration,
the University of Minnesota's housing studies program, the Association of Minnesota
Counties, the League of Minnesota Cities, the Metropolitan Council, the Governor's
Council on Geographic Information Services, the Department of Revenue, the Department
of Commerce, the Electronic Real Estate Recording task force, the Minnesota Association
of County Officers, the Minnesota Sheriffs' Association, and a nonprofit housing advocacy
organization.
new text end

new text begin Subd. 3. new text end

new text begin Report. new text end

new text begin The secretary shall submit a report to the legislature by February
15, 2009, containing the results of the study and any recommendations regarding the
development and implementation of a statewide foreclosure data collection and reporting
system.
new text end

new text begin Subd. 4. new text end

new text begin Expiration. new text end

new text begin This section expires after the submission of the report as
required in subdivision 3.
new text end

Sec. 4. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 and 2 are effective for notices of pendency dated on or after August
1, 2008.
new text end

ARTICLE 2

ELECTRONIC RECORDING; COMMISSION

Section 1.

new text begin [507.0941] DEFINITIONS.
new text end

new text begin For purposes of sections 507.0941 to 507.0948:
new text end

new text begin (a) "Document" means information that is:
new text end

new text begin (1) inscribed on a tangible medium or that is stored in an electronic or other medium
and is retrievable in perceivable form; and
new text end

new text begin (2) eligible to be recorded in the land records maintained by the recorder or registrar.
new text end

new text begin (b) "Electronic" means relating to technology having electrical, digital, magnetic,
wireless, optical, electromagnetic, or similar capabilities.
new text end

new text begin (c) "Electronic document" means a document that is received by the recorder or
registrar in an electronic form.
new text end

new text begin (d) "Electronic real estate recording commission" and "commission" mean the
commission established by sections 507.0941 to 507.0948.
new text end

new text begin (e) "Electronic signature" means an electronic sound, symbol, or process attached
to or logically associated with a document and executed or adopted by a person with
the intent to sign the document.
new text end

new text begin (f) "Legislative Coordinating Commission" means the commission established by
section 3.303.
new text end

new text begin (g) "Paper document" means a document that a recorder or registrar receives in a
form that is not an electronic document.
new text end

new text begin (h) "Person" means an individual, corporation, business trust, estate, trust,
partnership, limited liability company, association, joint venture, public corporation,
government or governmental subdivision, agency, or instrumentality, or any other legal or
commercial entity.
new text end

new text begin (i) "Recorder" means the county recorder for the county in which a document is
received.
new text end

new text begin (j) "Registrar" means the registrar of titles for the county in which a document is
received.
new text end

Sec. 2.

new text begin [507.0942] UNIFORMITY OF APPLICATION AND CONSTRUCTION.
new text end

new text begin Persons applying or construing sections 507.0941 to 507.0948 must consider the
need to promote uniformity of the law with respect to the subject matter of sections
507.0941 to 507.0948 among states that enact a law substantially similar to sections
507.0941 to 507.0948.
new text end

Sec. 3.

new text begin [507.0943] VALIDITY AND TIME OF RECORDING OF ELECTRONIC
DOCUMENTS.
new text end

new text begin (a) If a law requires, as a condition for recording, that a document be an original,
on paper or another tangible medium, or in writing, the requirement is satisfied by an
electronic document satisfying sections 507.0941 to 507.0948. If a law requires or refers
to something related to tangible media including, without limitation, book, certificate,
floor plan, page, volume, or words derived from them, the requirement or reference is
satisfied by an electronic document satisfying sections 507.0941 to 507.0948.
new text end

new text begin (b) If a law requires, as a condition for recording, that a document be signed, the
requirement is satisfied by an electronic signature.
new text end

new text begin (c) A requirement that a document or a signature associated with a document
be attested, acknowledged, verified, witnessed, or made under oath is satisfied if the
electronic signature of the person authorized to perform that act, and all other information
required to be included, is attached to or logically associated with the document or
signature. A physical or electronic image of a stamp, impression, or seal need not
accompany an electronic signature.
new text end

new text begin (d) Notwithstanding the time of its delivery, an electronic document is recorded for
purposes of this chapter at the earlier of (i) the time the electronic document is accepted for
recording or (ii) the next close of the recorder's office hours following the time of delivery.
new text end

new text begin (e) Notwithstanding the time of its delivery, an electronic document is registered as
to a parcel of registered land for purposes of chapters 508 and 508A when the electronic
document is memorialized or otherwise noted on the certificate of title for the parcel.
new text end

new text begin (f) A law that authorizes or requires any act to be performed with respect to any
document affecting real property that is to be filed in the office of the recorder or registrar
shall be deemed satisfied if the act is performed electronically in accordance with the
standards established by the electronic real estate recording commission. By way of
illustration, the acts referred to in this section include, without limitation, the following
words as well as words derived from them: affix, apply, attest, bind, certify, conform,
contain, copy, deliver, draw, duplicate, endorse, enter, file, form, hold, issue, leave, make,
mark, mount, note, open, present, print, proffer, receive, recite, record, refer, register, seal,
send, sign, stamp, state, store, subscribe, witness, and write.
new text end

Sec. 4.

new text begin [507.0944] RECORDING OF DOCUMENTS.
new text end

new text begin (a) A recorder or registrar may:
new text end

new text begin (1) receive, index, store, archive, and transmit electronic documents;
new text end

new text begin (2) provide for access to documents and other information by electronic means;
new text end

new text begin (3) provide for search and retrieval of documents and other information by electronic
means;
new text end

new text begin (4) index, store, and archive, in electronic form, paper documents accepted for
recording;
new text end

new text begin (5) convert into electronic form the record of documents recorded or registered
before the recorder or registrar began to record electronic documents;
new text end

new text begin (6) accept electronically any fee or tax that the recorder or registrar is authorized
to collect; and
new text end

new text begin (7) agree with other officials of this state or a political subdivision of this state on
procedures or processes to facilitate the electronic satisfaction of conditions to recording
and the electronic payment of fees and taxes.
new text end

new text begin (b) A recorder who accepts electronic documents for recording shall:
new text end

new text begin (1) continue to accept paper documents; and
new text end

new text begin (2) place entries for paper documents and electronic documents in the same index.
new text end

new text begin (c) A registrar who accepts electronic documents for registration shall:
new text end

new text begin (1) continue to accept paper documents; and
new text end

new text begin (2) place entries for paper documents and electronic documents in the same index.
new text end

Sec. 5.

new text begin [507.0945] ADMINISTRATION.
new text end

new text begin (a) An Electronic Real Estate Recording Commission administered by the
Legislative Coordinating Commission is created to and must adopt standards to implement
sections 507.0941 to 507.0948.
new text end

new text begin (b) The Electronic Real Estate Recording Commission shall consist of the following:
new text end

new text begin (1) three members appointed by the Minnesota Association of County Officials who
are county employees, including one from within the seven-county metropolitan area, one
from outside the seven-county metropolitan area, and at least one of whom is a county
recorder and at least one of whom is a registrar of titles;
new text end

new text begin (2) one member appointed by the Minnesota Land Title Association;
new text end

new text begin (3) one member who represents the Minnesota Bankers Association;
new text end

new text begin (4) one member who represents the Section of Real Property Law of the Minnesota
State Bar Association;
new text end

new text begin (5) one nonvoting member who is appointed by the other members of the commission
and an expert in the technological aspects of electronic real estate recording; and
new text end

new text begin (6) one member who is the state archivist appointed pursuant to section 138.17.
new text end

new text begin (c) Members of the Electronic Real Estate Recording Commission shall serve
four-year terms, except that (1) the initial appointments of county employees shall be for
two years and (2) the expert in the technological aspects of electronic real estate recording
shall serve at the pleasure of a majority of the other members of the commission. All
initial terms shall commence on July 1, 2008. Members shall serve until their successors
are appointed. Any member may be reappointed for successive terms.
new text end

new text begin (d) The state archivist shall call the first meeting of the Electronic Real Estate
Recording Commission. At the first meeting and biennially thereafter, the commission
shall elect from its membership a chair and vice-chair to serve two-year terms. Meetings
may be called by the chair or the vice-chair or the director of the Legislative Coordinating
Commission. Meetings shall be held as often as necessary, but at least once a year.
new text end

new text begin (e) A majority of the voting members of the Electronic Real Estate Recording
Commission constitutes a quorum to do business, and a majority of a quorum may act
in any matter within the jurisdiction of the commission.
new text end

new text begin (f) As soon as practicable and as needed thereafter, the Electronic Real Estate
Recording Commission shall identify the information technology expertise it requires
and report its needs to the Legislative Coordinating Commission. The Electronic Real
Estate Recording Commission also shall report any other expertise it needs to fulfill its
responsibilities. The Legislative Coordinating Commission shall provide support services,
including meeting space, as needed for the Electronic Real Estate Recording Commission
to carry out its duties in an effective manner.
new text end

Sec. 6.

new text begin [507.0946] STANDARDS.
new text end

new text begin To keep the standards and practices of recorders and registrars in this state in
harmony with the standards and practices of recorders' and registrars' offices in other
jurisdictions that enact a law that is substantially similar to sections 507.0941 to 507.0948,
and to keep the technology used by recorders and registrars in this state compatible with
technology used by recorders' and registrars' offices in other jurisdictions that enact a law
that is substantially similar to sections 507.0941 to 507.0948, the Electronic Real Estate
Recording Commission, so far as is consistent with the purposes, policies, and provisions
of sections 507.0941 to 507.0948, in adopting, amending, and repealing standards, shall
consider:
new text end

new text begin (1) standards and practices of other jurisdictions;
new text end

new text begin (2) the most recent standards promulgated by national standard-setting bodies;
new text end

new text begin (3) the views of interested persons and governmental officials and entities;
new text end

new text begin (4) the needs of counties of varying size, population, and resources; and
new text end

new text begin (5) standards requiring adequate information-security protection to ensure that
electronic documents are accurate, authentic, adequately preserved, and resistant to
tampering.
new text end

Sec. 7.

new text begin [507.0947] RELATION TO ELECTRONIC SIGNATURES IN GLOBAL
AND NATIONAL COMMERCE ACT.
new text end

new text begin Sections 507.0941 to 507.0948 modify, limit, and supersede the federal Electronic
Signatures in Global and National Commerce Act, United States Code, title 15, section
7001, et seq., but do not modify, limit, or supersede section 101(c) of that act, United
States Code, title 15, section 7001(c), or authorize electronic delivery of any of the notices
described in section 103(b) of that act, United States Code, title 15, section 7003(b).
new text end

Sec. 8.

new text begin [507.0948] DONATIONS; REIMBURSEMENT.
new text end

new text begin The Electronic Real Estate Recording Commission may accept donations of
money or resources, including loaned employees or other services. The donations are
appropriated to the Legislative Coordinating Commission for the sole use of the Electronic
Real Estate Recording Commission.
new text end

Sec. 9.

new text begin [507.0949] TITLE.
new text end

new text begin Sections 507.0941 to 507.0948 may be cited as the Minnesota Real Property
Electronic Recording Act.
new text end

Sec. 10. new text begin EFFECTIVE DATE.
new text end

new text begin This article is effective July 1, 2008.
new text end

ARTICLE 3

CONFORMING CHANGES

Section 1.

Minnesota Statutes 2006, section 14.03, subdivision 3, is amended to read:

Subd. 3.

Rulemaking procedures.

(a) The definition of a rule in section 14.02,
subdivision 4, does not include:

(1) rules concerning only the internal management of the agency or other agencies
that do not directly affect the rights of or procedures available to the public;

(2) an application deadline on a form; and the remainder of a form and instructions
for use of the form to the extent that they do not impose substantive requirements other
than requirements contained in statute or rule;

(3) the curriculum adopted by an agency to implement a statute or rule permitting
or mandating minimum educational requirements for persons regulated by an agency,
provided the topic areas to be covered by the minimum educational requirements are
specified in statute or rule;

(4) procedures for sharing data among government agencies, provided these
procedures are consistent with chapter 13 and other law governing data practices.

(b) The definition of a rule in section 14.02, subdivision 4, does not include:

(1) rules of the commissioner of corrections relating to the release, placement, term,
and supervision of inmates serving a supervised release or conditional release term, the
internal management of institutions under the commissioner's control, and rules adopted
under section 609.105 governing the inmates of those institutions;

(2) rules relating to weight limitations on the use of highways when the substance
of the rules is indicated to the public by means of signs;

(3) opinions of the attorney general;

(4) the data element dictionary and the annual data acquisition calendar of the
Department of Education to the extent provided by section 125B.07;

(5) the occupational safety and health standards provided in section 182.655;

(6) revenue notices and tax information bulletins of the commissioner of revenue;

(7) uniform conveyancing forms adopted by the commissioner of commerce under
section 507.09; deleted text begin or
deleted text end

new text begin (8) standards adopted by the electronic real estate recording commission established
under section 507.0945; or
new text end

deleted text begin (8) deleted text end new text begin (9) new text end the interpretive guidelines developed by the commissioner of human services
to the extent provided in chapter 245A.

Sec. 2.

new text begin [272.122] ELECTRONIC FACSIMILE.
new text end

new text begin All notations or certifications that are required under this chapter may be performed
by electronic means.
new text end

Sec. 3.

Minnesota Statutes 2006, section 287.08, is amended to read:

287.08 TAX, HOW PAYABLE; RECEIPTS.

(a) The tax imposed by sections 287.01 to 287.12 must be paid to the treasurer of
any county in this state in which the real property or some part is located at or before
the time of filing the mortgage for record. The treasurer shall endorse receipt on the
mortgage and the receipt is conclusive proof that the tax has been paid in the amount
stated and authorizes any county recorder or registrar of titles to record the mortgage. Its
form, in substance, shall be "registration tax hereon of ..................... dollars paid." If the
mortgage is exempt from taxation the endorsement shall, in substance, be "exempt from
registration tax." In either case the receipt must be signed by the treasurer. In case the
treasurer is unable to determine whether a claim of exemption should be allowed, the tax
must be paid as in the case of a taxable mortgage. new text begin For documents submitted electronically,
the endorsements and tax amount shall be affixed electronically and no signature by the
treasurer will be required. The actual payment method must be arranged in advance
between the submitter and the receiving county.
new text end

(b) The county treasurer may refund in whole or in part any mortgage registry tax
overpayment if a written application by the taxpayer is submitted to the county treasurer
within 3-1/2 years from the date of the overpayment. If the county has not issued a denial
of the application, the taxpayer may bring an action in Tax Court in the county in which
the tax was paid at any time after the expiration of six months from the time that the
application was submitted. A denial of refund may be appealed within 60 days from
the date of the denial by bringing an action in Tax Court in the county in which the tax
was paid. The action is commenced by the serving of a petition for relief on the county
treasurer, and by filing a copy with the court. The county attorney shall defend the action.
The county treasurer shall notify the treasurer of each county that has or would receive a
portion of the tax as paid.

(c) If the county treasurer determines a refund should be paid, or if a refund is
ordered by the court, the county treasurer of each county that actually received a portion
of the tax shall immediately pay a proportionate share of three percent of the refund
using any available county funds. The county treasurer of each county that received, or
would have received, a portion of the tax shall also pay their county's proportionate share
of the remaining 97 percent of the court-ordered refund on or before the 20th day of the
following month using solely the mortgage registry tax funds that would be paid to the
commissioner of revenue on that date under section 287.12. If the funds on hand under
this procedure are insufficient to fully fund 97 percent of the court-ordered refund, the
county treasurer of the county in which the action was brought shall file a claim with the
commissioner of revenue under section 16A.48 for the remaining portion of 97 percent of
the refund, and shall pay over the remaining portion upon receipt of a warrant from the
state issued pursuant to the claim.

(d) When any mortgage covers real property located in more than one county in this
state the total tax must be paid to the treasurer of the county where the mortgage is first
presented for recording, and the payment must be receipted as provided in paragraph (a).
If the principal debt or obligation secured by such a multiple county mortgage exceeds
$1,000,000, the nonstate portion of the tax must be divided and paid over by the county
treasurer receiving it, on or before the 20th day of each month after receipt, to the county
or counties entitled in the ratio that the market value of the real property covered by the
mortgage in each county bears to the market value of all the real property in this state
described in the mortgage. In making the division and payment the county treasurer shall
send a statement giving the description of the real property described in the mortgage and
the market value of the part located in each county. For this purpose, the treasurer of any
county may require the treasurer of any other county to certify to the former the market
valuation of any tract of real property in any mortgage.

(e) The mortgagor must pay the tax imposed by sections 287.01 to 287.12. The
mortgagee may undertake to collect and remit the tax on behalf of the mortgagor. If the
mortgagee collects money from the mortgagor to remit the tax on behalf of the mortgagor,
the mortgagee has a fiduciary duty to remit the tax on behalf of the mortgagor as to the
amount of the tax collected for that purpose and the mortgagor is relieved of any further
obligation to pay the tax as to the amount collected by the mortgagee for this purpose.

Sec. 4.

Minnesota Statutes 2006, section 287.241, is amended to read:

287.241 STATEMENT OF TAX DUE OR EXEMPTION; RECORDING OR
REGISTERING OF DOCUMENTS.

Subdivision 1.

Statement of tax due or exemption.

No deed or instrument, taxable
under the provisions of section 287.21, shall be recorded unless it contains the statement
of the grantor or grantee, or any successor in interest, setting forth the amount of tax due
under this chapter or that it is exempt from tax. The county recorder or registrar of titles
shall record any deed or instrument when the statement sets forth that the transfer is tax
exempt, or when documentary stamps or the treasurer's receipt appear for the amount of
deed tax recited in the statement. new text begin Deeds or other instruments taxable under section 287.21
recorded electronically shall have the deed tax data affixed electronically. new text end The validity or
effectiveness of a deed or instrument as between the parties, and as to any person who
would otherwise be bound, is not affected by the failure to comply with this section. If a
deed or instrument is accepted for recording contrary to this section, the failure to comply
does not destroy or impair the record of the deed or instrument as notice.

Subd. 2.

Notice of certificate of value.

No deed or instrument providing for the
transfer of title to real property that is subject to the tax as provided in section 287.21, and
no executory contract for the sale of land, shall be recorded unless such deed or instrument
is accompanied by a notice from the county auditor that a certificate of value was filed in
the auditor's office as provided in section 272.115. new text begin Documents subject to this provision
that are filed electronically must include the certificate of value number assigned by the
electronic certificate of value system established by the Department of Revenue. new text end

Sec. 5.

Minnesota Statutes 2006, section 287.25, is amended to read:

287.25 PAYMENT OF TAX; STAMPS.

new text begin Except for documents filed electronically, new text end the county board shall determine the
method for collection of the tax imposed by section 287.21:

(1) The tax imposed by section 287.21 may be paid by the affixing of a documentary
stamp or stamps in the amount of the tax to the document or instrument with respect to
which the tax is paid, provided that the county board may permit the payment of the
tax without the affixing of the documentary stamps and in such cases shall direct the
treasurer to endorse a receipt for such tax upon the face of the document or instrument.
new text begin Documents submitted electronically must have the deed tax data affixed electronically and
the tax paid as provided in section 287.08.
new text end

(2) The tax imposed by section 287.21 may be paid in the manner prescribed by
section 287.08 relating to payment of mortgage registration tax.

Sec. 6.

Minnesota Statutes 2006, section 386.03, is amended to read:

386.03 RECEPTION INDEX.

Every county recorder shall keep an index, to be denominated as a grantor's and
grantee's reception index, which shall contain the following information: date of reception,
year, month, day, hour and minute, grantor and grantee, where situated, to whom delivered
after recording, fees received, instrument number, and kind of instrument.

The recorder shall enter in the index, in the order and manner aforesaid, as soon as
the same are received, all deeds and other instruments deleted text begin left, and all copies left, as cautions or
notices of liens, deleted text end authorized by law to be recorded. The reception index shall be maintained
in alphabetical order, and every entry made therein shall be made in the reception index
under the grantor's surname, and under the grantee's surname, and all such entries shall
appear therein consecutively and in the order as to time in which the instruments were
received. The recorder shall make an entry in the record immediately for each instrument
recorded specifying the time of the day, month, and year when the same was recorded.

Sec. 7.

Minnesota Statutes 2006, section 386.19, is amended to read:

386.19 RECORD BOOKS, INDEXES.

The county recorder shall keep suitable word for word records new text begin by either manual or
electronic means new text end of all instruments deleted text begin left with deleted text end new text begin delivered to new text end the recorder for record keeping.
The recorder shall keep an alphabetical index either by manual or electronic means, to
record, under the proper letter of the alphabet, the name of each grantor and grantee of any
instrument deleted text begin left deleted text end new text begin delivered new text end for deleted text begin record deleted text end new text begin recording new text end .

Sec. 8.

Minnesota Statutes 2006, section 386.26, subdivision 1, is amended to read:

Subdivision 1.

Counties over 100,000.

The county recorder in each county
having a population of over 100,000 is hereby authorized and directed to transcribe in
appropriate records new text begin in writing or by electronic media new text end to be provided by the county for
such purpose and to appropriately index all instruments affecting: lists of lands selected
by railroad companies under grants from the United States or the state of Minnesota; and
all instruments affecting: condemnation proceedings; awards of damages in condemnation
proceedings; building line easements; easements for slopes; easements for electric light
and telephone poles; now on file in the recorder's office and which have not heretofore
been recorded.

Sec. 9.

Minnesota Statutes 2006, section 386.31, is amended to read:

386.31 CONSECUTIVE NUMBERING.

Each county recorder shall endorse plainly upon each instrument received for record
as soon as received a number consecutive, to the extent practicable, to the number affixed
to the instrument next previously received and enter such number as a part of the entry
relating to such instrument in all the indexes kept in the office and on the margin of the
record of the instrument, and such number shall be prima facie evidence of priority of
registration. If more than one instrument shall be received at the same time, by mail or
other like enclosure, the recorder shall affix such number in the order directed by the
sender; if no direction be given, then in the order in which the instruments actually come
to the deleted text begin recorder's hand in opening the enclosures deleted text end new text begin recorder new text end .

Sec. 10.

Minnesota Statutes 2006, section 386.409, is amended to read:

386.409 COUNTY RECORDER'S OFFICIAL SIGNATURE.

When the county recorder's official signature, or that of a deputy is required under
section 386.41, an electronically generated deleted text begin facsimile deleted text end signature or name may be used.

Sec. 11.

Minnesota Statutes 2006, section 507.093, is amended to read:

507.093 STANDARDS FOR DOCUMENTS TO BE RECORDED OR FILED.

The following standards are imposed on documents to be recorded with the county
recorder or the registrar of titles new text begin other than by electronic means as provided in section
507.24 new text end :

(1) The document shall consist of one or more individual sheets measuring no larger
than 8.5 inches by 14 inches.

(2) The form of the document shall be printed, typewritten, or computer generated in
black ink and the form of the document shall not be smaller than 8-point type.

(3) The document shall be on white paper of not less than 20-pound weight with no
background color or images and, except for the first page, shall have a border of at least
one-half inch on the top, bottom, and each side.

(4) The first page of the document shall contain a blank space at the top measuring
three inches, as measured from the top of the page, and a border of one-half inch on each
side and the bottom. The right half of the blank space shall be reserved for recording
information and the left half shall be reserved for tax certification. Any person may attach
an administrative page before the first page of the document to accommodate this standard.
The administrative page may contain the document title, document date, and, if applicable,
the grantor and grantee, and shall be deemed part of the document when recorded.

(5) The title of the document shall be prominently displayed at the top of the first
page below the blank space referred to in clause (4), or on the administrative page.

(6) No additional sheet shall be attached or affixed to a page that covers up any
information or printed part of the form.

(7) A document presented for recording must be sufficiently legible to reproduce
a readable copy using the county recorder's or registrar of title's current method of
reproduction.

Sec. 12.

Minnesota Statutes 2007 Supplement, section 507.24, subdivision 2, is
amended to read:

Subd. 2.

Original signatures required.

(a) Unless otherwise provided by law, an
instrument affecting real estate that is to be recorded as provided in this section or other
applicable law must contain the original signatures of the parties who execute it and of the
notary public or other officer taking an acknowledgment. However, a financing statement
that is recorded as a filing pursuant to section 336.9-502(b) need not contain: (1) the
signatures of the debtor or the secured party; or (2) an acknowledgment.

(b) deleted text begin (1) deleted text end Any electronic instruments, including signatures and seals, affecting real
estate may only be recorded deleted text begin as part of a pilot project for the electronic filing of real
estate documents implemented by the task force created in Laws 2000, chapter 391, or
by the Electronic Real Estate Recording Task Force created under section 507.094. The
Electronic Real Estate Recording Task Force created under section 507.094 may amend
standards set by the task force created in Laws 2000, chapter 391, deleted text end new text begin in conformance with
standards implemented by the Electronic Real Estate Recording Commission created
under the Minnesota Real Property Electronic Recording Act, sections 507.0941 to
507.0948. The Electronic Real Estate Recording Commission created under the Minnesota
Real Property Electronic Recording Act may adopt or amend standards set by the task
force created in Laws 2000, chapter 391, and the Electronic Real Estate Recording Task
Force created under section 507.094 new text end and may set new or additional standards deleted text begin and establish
pilot projects deleted text end to the full extent permitted in section deleted text begin 507.094, subdivision 2, paragraph (b) deleted text end new text begin
507.0945 new text end . Documents recorded in conformity with deleted text begin those standards and in those pilot
projects deleted text end new text begin the standards created as part of a pilot project for the electronic filing of real estate
documents implemented by the task force created in Laws 2000, chapter 391, or by the
Electronic Real Estate Recording Task Force created under section 507.094 new text end are deemed
to meet the requirements of this section.

deleted text begin (2)(i) A county that participated in the pilot project for the electronic filing of real
estate documents under the task force created in Laws 2000, chapter 391, may continue to
record or file documents electronically, if:
deleted text end

deleted text begin (A) the county complies with standards adopted by the task force; and
deleted text end

deleted text begin (B) the county uses software that was validated by the task force.
deleted text end

deleted text begin (ii) A county that did not participate in the pilot project may record or file a real
estate document electronically, if:
deleted text end

deleted text begin (A) the document to be recorded or filed is of a type included in the pilot project
for the electronic filing of real estate documents under the task force created in Laws
2000, chapter 391;
deleted text end

deleted text begin (B) the county complies with the standards adopted by the task force;
deleted text end

deleted text begin (C) the county uses software that was validated by the task force; and
deleted text end

deleted text begin (D) the task force created under section 507.094, votes to accept a written
certification of compliance with paragraph (b), clause (2), of this section by the county
board and county recorder of the county to implement electronic filing under this section.
deleted text end

(c) Notices filed pursuant to section 168A.141, subdivisions 1 and 3, need not
contain an acknowledgment.

Sec. 13.

Minnesota Statutes 2006, section 507.40, is amended to read:

507.40 MORTGAGES, HOW DISCHARGED.

A mortgage may be discharged by filing for record a certificate of its satisfaction
executed and acknowledged by the mortgagee, the mortgagee's personal representative,
or assignee, as in the case of a conveyance. deleted text begin The county recorder shall enter the number
of such certificate and the book and page of its record upon the record of the mortgage
or on a microfilm card whenever possible. deleted text end new text begin In all cases the discharge shall be entered in
the reception book and indexes as conveyances are entered. new text end If a mortgage be recorded in
more than one county and discharged of record in one of them, a certified copy of such
discharge may be recorded in another county with the same effect as the original. If the
discharge be by marginal entry, heretofore made, such copy shall include the record of the
mortgage. deleted text begin In all cases the discharge shall be entered in the reception book and indexes as
conveyances are entered.
deleted text end

Sec. 14.

Minnesota Statutes 2006, section 507.46, subdivision 1, is amended to read:

Subdivision 1.

Form of certificate.

A county recorder or registrar of titles shall
accept for recording a document that is not deleted text begin written deleted text end new text begin prepared new text end in the English language, but is
otherwise in recordable form, if there is appended to the non-English language document
a translation of the document into the English language and a certificate of translation in
substantially the following form:

CERTIFICATE OF TRANSLATION

State of Minnesota

County of .

I certify that the attached English language document is a complete and accurate
translation of the attached document from the ................ language.

.

Signature of translator

.

Typed or printed name

.

Street new text begin Address
new text end

.

City, State, and Zip Code

.

Telephone number

.

Subscribed and sworn to before me this new text begin .......
new text end day of ....................., 20.....

.

Notary public