1st Engrossment - 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; 505.08, subdivision 2; 508.82, 1.6 subdivision 1; and 508A.82, subdivision 1; Minnesota 1.7 Statutes 1997 Supplement, section 515B.1-116. 1.8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.9 Section 1. Minnesota Statutes 1996, section 357.18, 1.10 subdivision 1, is amended to read: 1.11 Subdivision 1. The fees to be charged by the county 1.12 recorder shall be as follows: 1.13 (1) for indexing and recording any deed or otherinstrument1.14 document, $1 for each page ofan instrumenta document, with a 1.15 minimum fee of $15; 1.16 (2) for a mortgage or other document that creates a lien 1.17 and assigns the mortgagee's or other lienholder's interest, a 1.18 fee of $15 for the mortgage or lien plus $15 for each assignment 1.19 and plus one $10 administrative fee for the nonstandard 1.20 processing of each mortgage or lien creating a document. The 1.21 county recorder shall assign separate document numbers to the 1.22 mortgage or lien, and to each assignment; 1.23(2)(3) for documents containing multiple assignments, 1.24 partial releases, or satisfactions, $10 for each additional 1.25 document number or additional book and page cited; 1.26(3)(4) forcertified copiesa certified copy of any 2.1records or papersrecorded document, $1 for each page ofan2.2instrumenta document with a minimum fee of $5 and for affixing 2.3 duplicate recording data onto a copy submitted by the customer 2.4 at the time of recording, $2 per document number assigned; 2.5(4)(5) for an abstract of title, the fees shall be 2.6 determined by resolution of the county board duly adopted upon 2.7 the recommendation of the county recorder, and the fees shall 2.8 not exceed $5 for every entry, $50 for abstract certificate, $1 2.9 per page for each exhibit included within an abstract as a part 2.10 of an abstract entry, and $2 per name for each required name 2.11 search certification; 2.12(5)(6) for a certified copy of an official plat filed 2.13 pursuant to section 505.08, the fee shall be$9.50 and an2.14additional 50 cents shall be charged for the certification of2.15each plat$10 for the first five pages and $2 for each 2.16 additional page; 2.17(6)(7) for filing acondominium floor planplat in 2.18 accordance withsection 515.13, or a condominium plat in2.19accordance with section 515A.2-110, the fee shall be 50 cents2.20per apartment with a minimum fee of $30chapter 505, the fee is 2.21 $50; and for filing a CIC declaration and CIC plat in the form 2.22 prescribed in section 515B.2-110, paragraph (c), or an amendment 2.23 to either in accordance with chapter 515, 515A, or 515B, the fee 2.24 is $70; 2.25(7)(8) for a certified copy of a condominium or CIC floor 2.26 plan filed pursuant tosection 515.13, or a copy of a2.27condominium plat filed in accordance with section2.28515A.2-110,chapter 515, 515A, or 515B, the feeshall be $1 for2.29each page of the floor plan or condominium plat with a minimum2.30fee ofis $10 for the first five pages and $2 for each 2.31 additional page; and 2.32 (9) for items requested to be sent by means other than 2.33 first class mail, the recorder may charge a handling fee of $5 2.34 in addition to the charge for copying, postage, and delivery. 2.35 Sec. 2. Minnesota Statutes 1996, section 357.18, 2.36 subdivision 2, is amended to read: 3.1 Subd. 2. Notwithstanding the provisions of any general or 3.2 special law to the contrary, the fees prescribed by this section 3.3 shall govern the filing or recording of all instruments in the 3.4 office of the county recorder other than uniform commercial code 3.5 documents, and documents filed or recorded pursuant to sections 3.6 270.69, subdivision 2, paragraph (c), 272.481 to 272.488, 3.7 277.20,and386.77, and 514.982. 3.8 Sec. 3. Minnesota Statutes 1996, section 357.18, 3.9 subdivision 3, is amended to read: 3.10 Subd. 3. [STATE SURCHARGE.] In addition to the fees 3.11 imposed in subdivision 1, clauses (1), (2), (3), (6), and (7), 3.12 for each document number assigned a $4.50 state surcharge shall 3.13 be collected: on each fee charged under subdivision 1, clauses3.14(1) and (6), and. A $4.50 state surcharge shall also be 3.15 collected for each abstract certificate under subdivision 1, 3.16 clause(4)(5). Fifty cents of each surcharge shall be retained 3.17 by the county to cover its administrative costs and $4 shall be 3.18 paid to the state treasury and credited to the general fund. 3.19 Sec. 4. Minnesota Statutes 1996, section 505.08, 3.20 subdivision 2, is amended to read: 3.21 Subd. 2. [PUBLIC CERTIFIED COPIES.] The copies of the 3.22 official plat or of the exact reproducible copy shall be 3.23 compared and certified to by the county recorder in the manner 3.24 in which certified copies of records are issued in the 3.25 recorder's office, and the copy thereof shall be bound in a 3.26 proper volume for the use of the general public and anyone shall 3.27 have access to and may inspect such certified copy at their 3.28 pleasure. When the plat includes both registered and 3.29 nonregistered land two copies thereof shall be so certified and 3.30 bound, one for such general public use in each of the offices of 3.31 the county recorder and registrar of titles; provided, however, 3.32 that only one such copy so certified and bound shall be provided 3.33 for general public use in those counties wherein the office 3.34 quarters of the county recorder and registrar of titles are one 3.35 and the same. When the copy, or any part thereof, shall become 3.36 unintelligible from use or wear or otherwise, at the request of 4.1 the county recorder it shall be the duty of the county surveyor 4.2 to make a reproduction copy of the official plat, or the exact 4.3 transparent reproducible copy under the direct supervision of 4.4 the county recorder, who shall compare the copy, certify that it 4.5 is a correct copy thereof, by proper certificate as above set 4.6 forth, and it shall be bound in the volume, and under the page, 4.7 and in the place of the discarded copy. In counties not having 4.8 a county surveyor the county recorder shall employ a registered 4.9 land surveyor to make such reproduction copy, at the expense of 4.10 the county. The county recorder, or registrar of titles, or 4.11 both, if both recording and filing are required, shallreceive4.12as a fee for filing these plats, as aforesaid described, 504.13cents per lot, but shall receive not less than $30 for any plat4.14filed in the recorder's officecollect filing fees as provided 4.15 by law. Reproductions from the exact transparent reproducible 4.16 copy shall be available to any person upon request and the cost 4.17 of such reproductions shall be paid by the person making such 4.18 request. If a copy of the official plat is requested the county 4.19 recorder shall prepare it and duly certify that it is a copy of 4.20 the official plat and the cost of such copy shall be paid by the 4.21 person making such request. 4.22 Sec. 5. Minnesota Statutes 1996, section 508.82, 4.23 subdivision 1, is amended to read: 4.24 Subdivision 1. [STANDARD DOCUMENTS.] The fees to be paid 4.25 to the registrar shall be as follows: 4.26 (1)of the fees provided herein, five percent of the fees4.27collected under clauses (3), (4), (10), (12), (13), (14), (16),4.28(17), and (18), for filing or memorializing shall be paid to the4.29state treasurer and credited to the general fund; plus a $4.504.30surcharge shall be charged and collected in addition to the4.31total fees charged for each transaction under clauses (2) to4.32(5), (10), (12), (14), and (18), with 50 cents of this surcharge4.33to be retained by the county to cover its administrative costs4.34and $4 to be paid to the state treasury and credited to the4.35general fund;4.36(2)for registering each original certificate of title, and 5.1 issuing a duplicate of it, $30; 5.2(3)(2) forregisteringfiling eachinstrumentdocument 5.3 transferring the fee simple titlefor which aand issuing each 5.4 new certificateof title is issued and for the issuance and5.5registration of the new certificate of title, $30; 5.6(4)(3) for the filing and entry of each memorial on a 5.7 certificateand endorsements upon duplicate certificates, $15, 5.8 and for entry of a memorial on each additional certificate, $15; 5.9 (4) for a mortgage or other document that creates a lien 5.10 and assigns the mortgagee's or other lienholder's interest, a 5.11 fee of $15 for the mortgage or lien plus $15 for each assignment 5.12 and plus one $10 administrative fee for the nonstandard 5.13 processing of each mortgage or lien creating a document. The 5.14 registrar shall assign separate document numbers to the mortgage 5.15 or lien, and to each assignment; 5.16 (5) for issuing each residue certificate, $20; 5.17 (6) for exchange certificates, $10 for each certificate 5.18 canceled, and$10$20 for each new certificate issued; 5.19 (7) for each certificate showing condition of the register, 5.20 $10; 5.21 (8) foranya certified copy of anyinstrument or5.22writingdocument on filein the registrar's office, the same5.23fees allowed by law to county recorders for like services, $1 5.24 for each page with a minimum fee of $5; and for affixing 5.25 duplicate recording data onto a copy submitted by the customer 5.26 at the time of filing subject to section 508.38, $2 per document 5.27 number assigned; 5.28 (9)for a noncertified copy of any instrument or writing on5.29file in the office of the registrar of titles, or any specified5.30page or part of it, an amount as determined by the county board5.31for each page or fraction of a page specified. If computer or5.32microfilm printers are used to reproduce the instrument or5.33writing, a like amount per image;5.34(10)for filingtwo copies ofany platin the office of the5.35registrar, $30pursuant to section 505.08 and entry as a 5.36 memorial on a certificate, $50; and for entry of a memorial on 6.1 each additional certificate, $15; 6.2(11)(10) for any other service under this chapter, such 6.3 fee as the court shall determine; 6.4(12)(11) forissuing a duplicate certificate of title6.5pursuant tofiling a court order or the directive of the 6.6 examiner of titles in counties in which the compensation of the 6.7 examiner is paid in the same manner as the compensation of other 6.8 county employees,$50, plus $10 to memorializeand issuing a 6.9 duplicate certificate of title, $50, plus $10 to memorialize the 6.10 order or directive; 6.11(13)(12) for issuing a duplicate certificate of title 6.12 pursuant to a court order or the directive of the examiner of 6.13 titles in counties in which the compensation of the examiner is 6.14 not paid by the countyor pursuant to an order of the court,6.15$10, $30; 6.16(14)(13) for filing a condominium plat or an amendment to 6.17 it in accordance with chapter 515 and entry as a memorial on a 6.18 certificate of title,$30$50; and for entry of a memorial on 6.19 each additional certificate, $15; 6.20(15)(14) for a certified copy ofa condominium plat filed6.21pursuant to chapters 515 and 515A, the fee shall be $1 for each6.22page of the condominium plat with a minimum fee ofan official 6.23 plat, floor plan, or registered land survey, $10 for the first 6.24 five pages, and $2 for each additional page; 6.25(16)(15) for filing acondominiumCIC declarationand6.26platin the form prescribed in section 515B.2-110, paragraph 6.27 (c), and CIC plat or an amendment toiteither in accordance 6.28 with chapter 515A, $10 for each certificate upon which the6.29document is registered and $30 for the filing of the condominium6.30plat or an amendment theretoor 515B and entry as a memorial on 6.31 a certificate, $70; and for entry of a memorial on each 6.32 additional certificate, $15. If a common interest community is 6.33 located on registered land, the recording fee for any document 6.34 affecting two or more units is the then current fee for 6.35 registering the document on the certificates of title for the 6.36 first ten affected certificates, and $5 for each additional 7.1 affected certificate. This conditional provision does not apply 7.2 to recording fees for deeds of conveyance, but does apply to 7.3 deeds given pursuant to sections 515B.2-119 and 515B.3-112; 7.4(17)(16) for the filing of a certified copy of a plat of 7.5 the survey pursuant to section 508.23 or 508.671,$10$20; and 7.6 for entry of a memorial on each additional certificate, $15; 7.7(18)(17) for filing a registered land survey in triplicate 7.8 in accordance with section 508.47, subdivision 4,$30and entry 7.9 as a memorial on a certificate, $50; for entry of a memorial on 7.10 each additional certificate, $15; 7.11(19)(18) forfurnishing a certified copy of a registered7.12land survey in accordance with section 508.47, subdivision 4,7.13$10.items requested to be sent by means other than first class 7.14 mail, the registrar may charge a handling fee of $5 in addition 7.15 to the charge for copying, postage, and delivery; 7.16 (19) $1 of the fees collected under clauses (2), (3), (4), 7.17 (10), (11), (12), (15), and (16) for filing or memorializing 7.18 must be paid to the state treasurer and credited to the general 7.19 fund; and 7.20 (20) in addition to the fees imposed in this subdivision, 7.21 clauses (2), (3), (4), (5), (9), (11), (12), (13), (15), and 7.22 (17), a $4.50 state surcharge for each document number assigned 7.23 shall be collected. Fifty cents of each surcharge shall be 7.24 retained by the county to cover its administrative costs, and $4 7.25 shall be paid to the state treasury and credited to the general 7.26 fund. 7.27 Sec. 6. Minnesota Statutes 1996, section 508A.82, 7.28 subdivision 1, is amended to read: 7.29 Subdivision 1. [STANDARD DOCUMENTS.] The fees to be paid 7.30 to the registrar shall be as follows: 7.31 (1)of the fees provided herein, five percent of the fees7.32collected under clauses (3), (4), (10), (12), (13), (14), (16),7.33and (18), for filing or memorializing shall be paid to the state7.34treasurer and credited to the general fund; plus a $4.507.35surcharge shall be charged and collected in addition to the7.36total fees charged for each transaction under clauses (2) to8.1(5), (10), (12), (14), and (18), with 50 cents of this surcharge8.2to be retained by the county to cover its administrative costs8.3and $4 to be paid to the state treasury and credited to the8.4general fund;8.5(2)for registering each original CPT, and issuing a 8.6 duplicate of it, $30; 8.7(3)(2) forregisteringfiling eachinstrumentdocument 8.8 transferring the fee simple titlefor which aand issuing each 8.9 new CPTis issued and for the issuance and registration of the8.10new CPT, $30; 8.11(4)(3) for the filing and entry of each memorial on a 8.12certificate and endorsements upon duplicate CPTs, $15CPT, $15 8.13 and for entry of a memorial on each additional CPT, $15; and for 8.14 a mortgage or other document that creates a lien and assigns the 8.15 mortgagee's or other lienholder's interest, a fee of $15 for the 8.16 mortgage or lien plus $15 for each assignment and plus one $10 8.17 administrative fee for the nonstandard processing of each 8.18 mortgage or lien creating a document. The registrar shall 8.19 assign separate document numbers to the mortgage or lien, and to 8.20 each assignment; 8.21(5)(4) for issuing each residue CPT,$20$30; 8.22(6)(5) for exchange CPTs, $10 for each CPT canceled, and 8.23$10$20 for each new CPT issued; 8.24(7)(6) for each certificate showing condition of the 8.25 register, $10; 8.26(8)(7) foranya certified copy of anyinstrument or8.27writingdocument on filein the registrar's office, the same8.28fees allowed by law to county recorders for like services, $1 8.29 for each page with a minimum fee of $5; and for affixing 8.30 duplicate recording data onto a copy submitted by the customer 8.31 at the time of filing subject to section 508.38, $2 per document 8.32 number assigned; 8.33(9) for a noncertified copy of any instrument or writing on8.34file in the office of the registrar of titles, or any specified8.35page or part of it, an amount as determined by the county board8.36for each page or fraction of a page specified. If computer or9.1microfilm printers are used to reproduce the instrument or9.2writing, a like amount per image;9.3(10)(8) for filingtwo copies ofany platin the office of9.4the registrar, $30pursuant to section 505.08 and entry as a 9.5 memorial on a CPT, $50; and for entry of a memorial on each 9.6 additional CPT, $15; 9.7(11)(9) for any other service under sections 508A.01 to 9.8 508A.85, the fee the court shall determine; 9.9(12)(10) forissuing a duplicate CPT pursuant tofiling a 9.10 court order or the directive of the examiner of titles in 9.11 counties in which the compensation of the examiner is paid in 9.12 the same manner as the compensation of other county 9.13 employees, and issuing a duplicate CPT, $50, plus$10$15 to 9.14 memorialize the order or directive; 9.15(13)(11) for issuing a duplicate CPT pursuant to a court 9.16 order or the directive of the examiner of titles in counties in 9.17 which the compensation of the examiner is not paid by the county 9.18or pursuant to an order of the court,$10$30; 9.19(14)(12) for filing a condominium plat or an amendment to 9.20 it in accordance with chapter 515 and entry as a memorial on a 9.21 CPT,$30$50; and for entry of a memorial on each additional 9.22 CPT, $15; 9.23(15)(13) for a certified copy ofa condominium plat filed9.24pursuant to chapters 515 and 515A, the fee shall be $1 for each9.25page of the plat with a minimum fee ofan official plat, floor 9.26 plan, or registered land survey, $10 for the first five pages 9.27 and $2 for each additional page; 9.28(16)(14) for filing acondominiumCIC declarationand9.29condominium platin the form prescribed in section 515B.2-110, 9.30 paragraph (c), and CIC plat or an amendment toiteither in 9.31 accordance with chapter 515A, $10 for each certificate upon9.32which the document is registered and $30 for the filing of the9.33condominium plat or an amendment to itor 515B and entry as a 9.34 memorial on a certificate, $70; and for entry of a memorial on 9.35 each additional certificate, $15. If a common interest 9.36 community is located on registered land, the recording fee for 10.1 any document affecting two or more units is the then current fee 10.2 for registering the document on the CPTs for the first ten 10.3 affected CPTs, and $5 for each additional affected certificate. 10.4 This conditional provision does not apply to recording fees for 10.5 deeds of conveyance, but does apply to deeds given pursuant to 10.6 sections 515B.2-119 and 515B.3-112; 10.7(17) in counties in which the compensation of the examiner10.8of titles is paid in the same manner as the compensation of10.9other county employees, for each parcel of land contained in the10.10application for a CPT, as the number of parcels is determined by10.11the examiner, a fee which is reasonable and which reflects the10.12actual cost to the county, established by the board of county10.13commissioners of the county in which the land is located(15) 10.14 for the filing of a certified copy of a plat of the survey 10.15 pursuant to section 508.23 or 508.671, $20; and for entry of a 10.16 memorial on each additional CPT, $15; 10.17(18)(16) for filing a registered land survey in triplicate 10.18 in accordance with section 508A.47, subdivision 4,$30and entry 10.19 as a memorial on a CPT, $50; and for entry of a memorial on each 10.20 additional CPT, $15; 10.21(19)(17) in counties in which the compensation of the 10.22 examiner of titles is paid in the same manner as the 10.23 compensation of other county employees, for each parcel of land 10.24 contained in the application for a CPT, as the number is 10.25 determined by the examiner, a fee that is reasonable and which 10.26 reflects the actual cost to the county, established by the board 10.27 of county commissioners of the county in which the land is 10.28 located; 10.29 (18) forfurnishing a certified copy of a registered land10.30survey in accordance with section 508A.47, subdivision 4,10.31$10.items requested to be sent by means other than first class 10.32 mail, the registrar may charge a handling fee of $5 in addition 10.33 to the charge for copying, postage, and delivery; 10.34 (19) $1 of the fees collected under clauses (2), (3), (4), 10.35 (10), (11), (12), (15), and (16) for filing or memorializing 10.36 must be paid to the state treasurer and credited to the general 11.1 fund; and 11.2 (20) the fees provided and collected under clauses (1), 11.3 (2), (3), (5), (10), (11), (12), (15), and (17) include a $4.50 11.4 state surcharge for each document number assigned. Fifty cents 11.5 of each surcharge shall be retained by the county to cover its 11.6 administrative costs, and $4 shall be paid to the state treasury 11.7 and credited to the general fund. 11.8 Sec. 7. Minnesota Statutes 1997 Supplement, section 11.9 515B.1-116, is amended to read: 11.10 515B.1-116 [RECORDING.] 11.11 (a) A declaration, bylaws, any amendment to a declaration 11.12 or bylaws, and any other instrument affecting a common interest 11.13 community shall be entitled to be recorded. In those counties 11.14 which have a tract index, the county recorder shall enter the 11.15 declaration in the tract index for each unit affected. The 11.16 registrar of titles shall file the declaration on the 11.17 certificate of title for each unit affected. 11.18 (b) The recording officer shall upon request promptly 11.19 assign a number (CIC number) to a common interest community to 11.20 be formed or to a common interest community resulting from the 11.21 merger of two or more common interest communities. 11.22 (c) Documents recorded pursuant to this chapter shall in 11.23 the case of registered land be filed, and references to the 11.24 recording of documents shall mean filed in the case of 11.25 registered land. 11.26 (d) Subject to any specific requirements of this chapter, 11.27 if any document to be recorded pursuant to this chapter requires 11.28 approval by a certain vote or agreement of the unit owners or 11.29 secured parties, an affidavit of the secretary of the 11.30 association stating that the required vote or agreement has 11.31 occurred shall be attached to the document and shall constitute 11.32 prima facie evidence of the representations contained therein. 11.33 (e) If a common interest community is located on registered 11.34 land, the recording fee for any document affecting two or more 11.35 units shall be the then-current fee for registering the document 11.36 on the certificates of title for the first ten affected 12.1 certificates andone-third of the then-current fee$5 for each 12.2 additional affected certificate. This provision shall not apply 12.3 to recording fees for deeds of conveyance, with the exception of 12.4 deeds given pursuant to sections 515B.2-119 and 515B.3-112. 12.5 (f) Except as permitted under this subsection, a recording 12.6 officer shall not file or record a declaration creating a new 12.7 common interest community, unless the county treasurer has 12.8 certified that the property taxes payable in the current year 12.9 for the real estate included in the proposed common interest 12.10 community have been paid. This certification is in addition to 12.11 the certification for delinquent taxes required by section 12.12 272.12. In the case of preexisting common interest communities, 12.13 the recording officer shall accept, file, and record the 12.14 following instruments, without requiring a certification as to 12.15 the current or delinquent taxes on any of the units in the 12.16 common interest community: (i) a declaration subjecting the 12.17 common interest community to this chapter; (ii) a declaration 12.18 changing the form of a common interest community pursuant to 12.19 section 515B.2-123; or (iii) an amendment to or restatement of 12.20 the declaration, bylaws, or CIC plat. In order for the 12.21 instruments to be accepted and recorded under the preceding 12.22 sentence, the assessor must certify or otherwise inform the 12.23 recording officer that, for taxes payable in the current year, 12.24 the assessor has allocated taxable values to each unit or has 12.25 separately assessed each unit. 12.26 (g) The registrar of titles shall not require the filing on 12.27 certificates of title previously issued for units in a flexible 12.28 common interest community of an amendment to a declaration 12.29 pursuant to section 515B.2-111 made solely to add additional 12.30 real estate.