Minnesota Legislature
SF 249
1st Engrossment - 88th Legislature (2013 - 2014) Posted on 02/26/2013 08:27am
Current Version - 1st Engrossment
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A bill for an act
relating to real property; providing for affidavit of survivorship; providing
for release or partial release of lien of a mortgage; claiming an interest in
registered land after registration; making technical and conforming changes;
amending Minnesota Statutes 2012, sections 507.092, subdivision 1; 507.403;
508.70, subdivision 1; 508.82, subdivision 1; 508A.70, subdivision 1; 508A.82,
subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2012, section 507.092, subdivision 1, is amended to read:
Subdivision 1.
To get tax statements.
(a) No contract for deed or deed conveying
fee title to real estatenew text begin or affidavit of survivorshipnew text end shall be recorded by the county recorder
or registered by the registrar of titles until the name and address of the person to whom
future tax statements should be sent, is printed, typewritten, stamped or written on it in a
legible manner. An instrument complies with this subdivision if it contains a statement
in the following form: "Tax statements for the real property described in this instrument
should be sent to:
............... (legal name of grantee) ............... (residential or business address)."
(b) The name provided under paragraph (a) must be the legal name of the grantee
and the address must be the residential or business address of the grantee.
Sec. 2.
Minnesota Statutes 2012, section 507.403, is amended to read:
507.403 CERTIFICATE OFnew text begin SATISFACTION; RELEASE OR PARTIAL
RELEASE OFnew text end MORTGAGE deleted text begin SATISFACTIONdeleted text end BY ASSIGNEE.
Subdivision 1.
Certificate of satisfactionnew text begin ; release or partial releasenew text end .
A certificate
deleted text begin of satisfaction of mortgagedeleted text end that complies with this section is effective to deleted text begin dischargedeleted text end new text begin satisfy
or releasenew text end the mortgagenew text begin or release real estate described in the certificate from the lien of the
mortgagenew text end even if one or more assignments of the mortgage have not been recorded deleted text begin or fileddeleted text end .
Subd. 2.
new text begin Execution and new text end contents.
deleted text begin Adeleted text end new text begin To be effective, thenew text end certificate deleted text begin of satisfaction
deleted text end under this section mustnew text begin be executed and acknowledged as required by law in the case of a
deed, and mustnew text end contain substantially all of the following:
(1) deleted text begin the name of the assignee,deleted text end the name of the mortgagor, the name of the original
mortgagee, the date of the mortgage, the date of recording, and the volume and page
number or document number of the mortgage in the real property records where the
mortgage is recorded; and
(2) a statement that the deleted text begin assignee is thedeleted text end new text begin entity or person executing the certificate
is the currentnew text end holder, owner,new text begin assignee,new text end or successor of the mortgagee's interest in the
mortgagenew text begin ; and
new text end
new text begin (3) if a partial release, a legal description of the real property being released from
the lien of the mortgagenew text end .
deleted text begin Subd. 3. deleted text end
deleted text begin Execution. deleted text end
deleted text begin
A certificate of satisfaction under this section must be executed
and acknowledged as required by law in the case of a deed by a duly authorized officer
or duly appointed agent of the assignee, but shall not relieve any person of any liability
for damages caused by the person's wrongful or erroneous execution of a certificate of
satisfaction.
deleted text end
Subd. 4.
Effect.
For purposes of satisfyingnew text begin , releasing, or partially releasing the lien
ofnew text end a mortgage under this section, a certificate deleted text begin of satisfaction that contains the information
and statements required bydeleted text end new text begin that complies withnew text end subdivision 2 deleted text begin and which is executed as
provided in this sectiondeleted text end is prima facie evidence of the facts contained in it, is entitled to be
recorded with the county recorder or registrar of titles, deleted text begin anddeleted text end operates as a satisfactionnew text begin or
release or partial release of the liennew text end of the mortgagenew text begin asnew text end described in the certificate. The
county recorder and the registrar of titles shall rely upon it to satisfynew text begin or release or partially
release the lien ofnew text end the mortgage. deleted text begin Recording of a wrongful, erroneous, or unauthorized
certificate shall not relieve the mortgagor, or the mortgagor's successors or assigns, from
any personal liability on the loan or other obligations secured by the mortgage. In addition
to any other remedy provided by law, a person who wrongfully or erroneously executes a
certificate under this section is liable to the mortgagee or an assignee for actual damage
sustained due to the recording of the certificate, together with reasonable attorney fees,
and costs and disbursements incurred by a mortgagee or assignee in the enforcement
of the terms of this subdivision.
deleted text end
deleted text begin Subd. 5. deleted text end
deleted text begin Recording. deleted text end
deleted text begin
If a mortgage is recorded in more than one county and a
certificate of satisfaction is recorded in one of them, a certified copy of the certificate may
be recorded in the other county with the same effect as the original. In every case, the
certificate must be entered and indexed as a satisfaction of the mortgage described in
the certificate.
deleted text end
new text begin Subd. 5a. new text end
new text begin Liability. new text end
new text begin
Execution or recording of a wrongful, erroneous, or
unauthorized certificate under this section does not relieve the mortgagor or the
mortgagor's successors or assigns from any personal liability on the obligations secured
by the mortgage, and, in addition to any other remedies provided by law, a person who
wrongfully, erroneously, or without authority executes or records the certificate and any
entity on whose behalf the certificate is wrongfully, erroneously, or without authority
executed or recorded, is liable to the mortgagee, the mortgagee's assigns, or any person or
entity for actual damages sustained due to the execution or recording of the certificate,
together with reasonable attorney fees, costs, and disbursements incurred by the damaged
party as a result. For purposes of this section, "entity" does not include a natural person.
new text end
Subd. 6.
deleted text begin Applicationdeleted text end new text begin Effective datenew text end .
This sectionnew text begin is effective the day following final
enactment andnew text end applies to any mortgage deleted text begin recorded or filed in this statedeleted text end and any certificate
deleted text begin of satisfaction of the mortgagedeleted text end new text begin under this section wherever or whenevernew text end executed,new text begin and
whethernew text end recordeddeleted text begin , or fileddeleted text end before, on, or after deleted text begin August 1, 2004deleted text end new text begin the effective datenew text end .
Sec. 3.
Minnesota Statutes 2012, section 508.70, subdivision 1, is amended to read:
Subdivision 1.
Procedure; costs.
(a) Any person claiming any interest in registered
land arising or created after the date of the original registration, which does not appear
on the certificate of title, may, if there is some impediment to registering the claimed
interest, file with the registrar of titles a verified claim of unregistered interest, made by
or at the instance of the claimant, stating:
(1) the alleged interest;
(2) how or from whom it was acquired;
(3) the reason the interest cannot be registered;
(4) the number of the affected certificate of title;
(5) a description of the affected land;
(6) a place at which all notices may be served upon the claimant; and
(7) that the claim is not made for the purpose of avoiding the payment of mortgage
registry tax under section 287.01 or deed tax under section 287.21, or avoiding obtaining
the auditor's statement on an instrument under section 272.12.
(b) If the claimant claims an interest in an unregistered mortgage that is subject to
the imposition of mortgage registry tax upon recording, the notice must contain evidence
satisfactory to the registrar of titles that the mortgage registry tax has been paid.
new text begin (c)new text end A copy of the claim must be mailed to the persons whose registered interests
are affected by the claim at their addresses shown on the certificate of title. An affidavit
stating the names and addresses of the persons to whom copies of the claim were mailed
must be attached to the claim. The claim with attached affidavit regarding mailing shall be
entitled to registration, and the court, upon the petition of any party in interest, shall grant
a speedy hearing upon the validity of such claim and enter such order as justice and equity
may require. If the court determines that the claim is invalid, it shall order the cancellation
of the memorial of the claim. The court may, in any case, award such costs and damages,
including a reasonable attorney's fee, as it may deem just.
Sec. 4.
Minnesota Statutes 2012, section 508.82, subdivision 1, is amended to read:
Subdivision 1.
Standard documents.
The fees to be charged by the registrar of
titles shall be and not exceed the following:
(1) of the fees provided herein, $1.50 of the fees collected under clauses (2), (3), (4),
(11), (13), (15), (17), and (18) for filing or memorializing shall be paid to the state treasury
pursuant to section 508.75 and credited to the general fund;
(2) for registering a first certificate of title, including issuing a copy of it, $46.
Pursuant to clause (1), distribution of this fee is as follows:
(i) $10.50 shall be paid to the state treasury and credited to the general fund;
(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 4; and
(iii) $25.50 shall be deposited in the county general fund;
(3) for registering each instrument transferring the fee simple title for which a new
certificate of title is issued and for the registration of the new certificate of title, including
a copy of it, $46. Pursuant to clause (1), distribution of this fee is as follows:
(i) $12 shall be paid to the state treasury and credited to the general fund;
(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 4; and
(iii) $24 shall be deposited in the county general fund;
(4) for the entry of each memorial on a certificate, $46. For multiple certificate
entries, $20 thereafter. Pursuant to clause (1), distribution of this fee is as follows:
(i) $12 shall be paid to the state treasury and credited to the general fund;
(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 4;
(iii) $24 shall be deposited in the county general fund; and
(iv) $20 shall be deposited in the county general fund for each multiple entry used;
(5) for issuing each residue certificate and each additional new certificate, $40;
(6) for exchange certificates, $20 for each certificate canceled and $20 for each
new certificate issued;
(7) for each certificate showing condition of the register, $50;
(8) for any certified copy of any instrument or writing on file or recorded in the
registrar of titles' office, $10;
(9) for a noncertified copy of any certificate of title, other than the copies issued
under clauses (2) and (3), any instrument or writing on file or recorded in the office of
the registrar of titles, or any specified page or part of it, an amount as determined by the
county board for each page or fraction of a page specified. If computer or microfilm
printers are used to reproduce the instrument or writing, a like amount per image;
(10) for a noncertified copy of any document submitted for recording, if the original
document is accompanied by a copy or duplicate original, $2. Upon receipt of the copy
or duplicate original and payment of the fee, a registrar of titles shall return it marked
"copy" or "duplicate," showing the recording date and, if available, the document number
assigned to the original;
(11) for filing two copies of any plat, other than a CIC plat complying with section
515B.2-110, paragraph (c), in the office of the registrar, $56. Pursuant to clause (1),
distribution of this fee is as follows:
(i) $12 shall be paid to the state treasury and credited to the general fund;
(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 4; and
(iii) $34 shall be deposited in the county general fund;
(12) for any other service under this chapter, such fee as the court shall determine;
(13) for filing any document affecting two or more units in a condominium governed
by chapter 515, $46 for the first certificate upon which the document is registered, and for
multiple certificate entries, $20 for each additional certificate upon which the document
is registered. For purposes of this paragraph, an amendment to the declaration of a
condominium governed by chapter 515 and a related amendment to the condominium
floor plans shall be considered a single document, and the filing fee shall be $56 for the
first certificate upon which the document is registered, and for multiple certificate entries,
$20 for each additional certificate upon which the document is registered. Pursuant to
clause (1), distribution of this fee is as follows:
(i) $12 shall be paid to the state treasury and credited to the general fund;
(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 4;
(iii) $24 shall be deposited in the county general fund for amendment to a declaration;
(iv) $20 shall be deposited in the county general fund for each multiple entry used; and
(v) $34 shall be deposited in the county general fund for an amended floor plan;
(14) for issuance of a deleted text begin CECTdeleted text end new text begin CICCTnew text end pursuant to section 508.351, $40;
(15) for filing a common interest community declaration and a CIC plat complying
with section 515B.2-110, paragraph (c); an amendment to a common interest community
declaration and a related amendment to a CIC plat complying with section 515B.2-110,
paragraph (c); or a supplemental declaration and a related supplemental CIC plat
complying with section 515B.2-110, paragraph (c), each of which related documents
shall be considered a single document, the filing fee shall be $56 for the first certificate
upon which the document is registered, and for multiple certificate entries, $20 for each
additional certificate upon which the document is registered. For filing any other document
affecting two or more units in a common interest community, the filing fee shall be $46
for the first certificate upon which the document is registered, and for multiple certificate
entries, $20 for each additional certificate upon which the document is registered. The
same fees shall apply to filing any document affecting two or more units or other parcels
subject to a master declaration. Pursuant to clause (1), distribution of this fee is as follows:
(i) $12 shall be paid to the state treasury and credited to the general fund;
(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 4;
(iii) $24 shall be deposited in the county general fund for the filing of an amendment
complying with section 515B.2-110, subsection (c);
(iv) $20 shall be deposited in the county general fund for each multiple entry used; and
(v) $34 shall be deposited in the county general fund for the filing of a condominium
or CIC plat or amendment;
(16) for a copy of a condominium floor plan filed in accordance with chapter 515,
or a copy of a common interest community plat complying with section 515B.2-110,
subsection (c), the fee shall be $1 for each page of the floor plan or common interest
community plat with a minimum fee of $10;
(17) for the filing of a certified copy of a plat of the survey pursuant to section
508.23 or 508.671, $46. Pursuant to clause (1), distribution of this fee is as follows:
(i) $12 shall be paid to the state treasury and credited to the general fund;
(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 4; and
(iii) $24 shall be deposited in the county general fund;
(18) for filing a registered land survey in triplicate in accordance with section
508.47, subdivision 4, $56. Pursuant to clause (1), distribution of this fee is as follows:
(i) $12 shall be paid to the state treasury and credited to the general fund;
(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 4; and
(iii) $34 shall be deposited in the county general fund; and
(19) for furnishing a certified copy of a registered land survey in accordance with
section 508.47, subdivision 4, $15.
Sec. 5.
Minnesota Statutes 2012, section 508A.70, subdivision 1, is amended to read:
Subdivision 1.
Procedure; costs.
(a) Any person claiming any interest in land
registered under sections 508A.01 to 508A.85 arising or created after the date of the first
CPT, may, if there is some impediment to registering the claimed interest, file with the
registrar of titles a verified claim of unregistered interest, made by or at the instance
of the claimant, stating:
(1) the alleged interest;
(2) how or from whom it was acquired;
(3) the reason the interest cannot be registered;
(4) the number of the affected CPT;
(5) a description of the affected land;
(6) a place at which all notices may be served upon the claimant; and
(7) that the claim is not made for the purpose of avoiding the payment of mortgage
registry tax under section 287.01 or deed tax under section 287.21, or avoiding obtaining
the auditor's statement on an instrument under section 272.12.
(b) If the claimant claims an interest in an unregistered mortgage that is subject to
the imposition of mortgage registry tax upon recording, the notice must contain evidence
satisfactory to the registrar of titles that the mortgage registry tax has been paid.
new text begin (c)new text end A copy of the claim must be mailed to the persons whose registered interests
are affected by the claim at their addresses shown on the CPT. An affidavit stating the
names and addresses of the persons to whom copies of the claim were mailed must be
attached to the claim. The claim with attached affidavit regarding mailing shall be entitled
to registration, and the court, upon the petition of any party in interest, shall grant a speedy
hearing upon the validity of the claim and enter an order as justice and equity may require.
If the court determines that the claim is invalid, it shall order the cancellation of the
memorial of the claim. The court may, in any case, award costs and damages, including a
reasonable attorney's fee, as it may deem just.
Sec. 6.
Minnesota Statutes 2012, section 508A.82, subdivision 1, is amended to read:
Subdivision 1.
Standard documents.
The fees to be charged by the registrar of
titles shall be and not exceed the following:
(1) of the fees provided herein, $1.50 of the fees collected under clauses (2), (3),
(5), (12), (14), (16), and (19) for filing or memorializing shall be paid to the state treasury
pursuant to section 508.75 and credited to the general fund;
(2) for registering a first CPT, including issuing a copy of it, $46. Pursuant to clause
(1), distribution of the fee is as follows:
(i) $10.50 shall be paid to the state treasury and credited to the general fund;
(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 4; and
(iii) $25.50 shall be deposited in the county general fund;
(3) for registering each instrument transferring the fee simple title for which a
new CPT is issued and for the registration of the new CPT, including a copy of it, $46.
Pursuant to clause (1), distribution of the fee is as follows:
(i) $12 shall be paid to the state treasury and credited to the general fund;
(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 4; and
(iii) $24 shall be deposited in the county general fund;
(4) for issuance of a deleted text begin CECTdeleted text end new text begin CICCTnew text end pursuant to section 508A.351, $40;
(5) for the entry of each memorial on a CPT, $46; for multiple certificate entries, $20
thereafter. Pursuant to clause (1), distribution of the fee is as follows:
(i) $12 shall be paid to the state treasury and credited to the general fund;
(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 4;
(iii) $24 shall be deposited in the county general fund; and
(iv) $20 shall be deposited in the county general fund for each multiple entry used;
(6) for issuing each residue CPT, $40;
(7) for exchange CPTs or combined certificates of title, $20 for each CPT and
certificate of title canceled and $20 for each new CPT or combined certificate of title issued;
(8) for each CPT showing condition of the register, $50;
(9) for any certified copy of any instrument or writing on file or recorded in the
registrar of titles' office, $10;
(10) for a noncertified copy of any CPT, other than the copies issued under clauses
(2) and (3), any instrument or writing on file or recorded in the office of the registrar of
titles, or any specified page or part of it, an amount as determined by the county board for
each page or fraction of a page specified. If computer or microfilm printers are used to
reproduce the instrument or writing, a like amount per image;
(11) for a noncertified copy of any document submitted for recording, if the original
document is accompanied by a copy or duplicate original, $2. Upon receipt of the copy
or duplicate original and payment of the fee, a registrar of titles shall return it marked
"copy" or "duplicate," showing the recording date and, if available, the document number
assigned to the original;
(12) for filing two copies of any plat in the office of the registrar, $56. Pursuant to
clause (1), distribution of the fee is as follows:
(i) $12 shall be paid to the state treasury and credited to the general fund;
(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 4; and
(iii) $34 shall be deposited in the county general fund;
(13) for any other service under sections 508A.01 to 508A.85, the fee the court
shall determine;
(14) for filing an amendment to a declaration in accordance with chapter 515, $46
for each certificate upon which the document is registered and for multiple certificate
entries, $20 thereafter; $56 for an amended floor plan filed in accordance with chapter
515. Pursuant to clause (1), distribution of the fee is as follows:
(i) $12 shall be paid to the state treasury and credited to the general fund;
(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 4;
(iii) $24 shall be deposited in the county general fund for amendment to a declaration;
(iv) $20 shall be deposited in the county general fund for each multiple entry used; and
(v) $34 shall be deposited in the county general fund for an amended floor plan;
(15) for issuance of a deleted text begin CECTdeleted text end new text begin CICCTnew text end pursuant to section 508.351, $40;
(16) for filing an amendment to a common interest community declaration, including
a supplemental declaration, and plat or amendment complying with section 515B.2-110,
subsection (c), and issuing a deleted text begin CECTdeleted text end new text begin CICCTnew text end if required, $46 for each certificate upon which
the document is registered and for multiple certificate entries, $20 thereafter; $56 for the
filing of the condominium or common interest community plat or amendment. See section
515B.1-116 for special requirement relating to a common interest community. Pursuant to
clause (1), distribution of the fee is as follows:
(i) $12 shall be paid to the state treasury and credited to the general fund;
(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 4;
(iii) $24 shall be deposited in the county general fund for the filing of an amendment
complying with section 515B.2-110, subsection (c);
(iv) $20 shall be deposited in the county general fund for each multiple entry used; and
(v) $34 shall be deposited in the county general fund for the filing of a condominium
or CIC plat or amendment;
(17) for a copy of a condominium floor plan filed in accordance with chapter 515,
or a copy of a common interest community plat complying with section 515B.2-110,
subsection (c), the fee shall be $1 for each page of the floor plan, or common interest
community plat with a minimum fee of $10;
(18) in counties in which the compensation of the examiner of titles is paid in the same
manner as the compensation of other county employees, for each parcel of land contained
in the application for a CPT, as the number of parcels is determined by the examiner, a fee
which is reasonable and which reflects the actual cost to the county, established by the
board of county commissioners of the county in which the land is located;
(19) for filing a registered land survey in triplicate in accordance with section
508A.47, subdivision 4, $56. Pursuant to clause (1), distribution of the fee is as follows:
(i) $12 shall be paid to the state treasury and credited to the general fund;
(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 4; and
(iii) $34 shall be deposited in the county general fund; and
(20) for furnishing a certified copy of a registered land survey in accordance with
section 508A.47, subdivision 4, $15.