SF 2170

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 05/08/2010 08:54am

A bill for an act
relating to real property; providing for mediation prior to commencement of
mortgage foreclosure proceedings on homestead property; amending Minnesota
Statutes 2008, sections 580.021, as amended; 580.022, subdivision 1; 580.23, by
adding a subdivision; 582.30, subdivision 2; proposing coding for new law in
Minnesota Statutes, chapter 583.

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

Section 1.

Minnesota Statutes 2008, section 580.021, as amended by Laws 2009,
chapter 130, section 4, is amended to read:

580.021 FORECLOSURE PREVENTION COUNSELING new text begin ; MEDIATION
REFERRAL new text end .

Subdivision 1.

Applicability.

This section applies to foreclosure of mortgages by
advertisement under this chapter deleted text begin and foreclosure of mortgages by action under deleted text end new text begin or new text end chapter
581 on property consisting of one to four family dwelling units, one of which the owner
occupies as the owner's principal place of residency when the notice of pendency under
section 580.032 or the lis pendens for a foreclosure under chapter 581 is recorded.

Subd. 2.

Requirement to provide notice of opportunity for counseling new text begin and
mediation new text end .

Before the notice of pendency under section 580.032, subdivision 3, or the lis
pendens for a foreclosure under chapter 581 is recorded, a party foreclosing a mortgage
must provide to the mortgagor information contained in a form prescribed in section
580.022, subdivision 1, that:

(1) foreclosure prevention counseling services provided by an authorized foreclosure
prevention counseling agency are available; deleted text begin and
deleted text end

(2) the party will transmit the homeowner's name, address, and telephone number to
an approved foreclosure prevention agency deleted text begin . deleted text end new text begin ; and
new text end

new text begin (3) if the mortgagor receives counseling services but is unable to resolve the default,
the mortgagor may have the mortgage debt reviewed in a mediation proceeding with the
Office of Administrative Hearings.
new text end

new text begin Clause (3) expires on July 1, 2012.
new text end

The notices required by this subdivision may be provided concurrently with a
written notice of default.

For the purposes of this section, an "authorized foreclosure prevention counseling
agency" or "counseling agency" is a government agency or a nonprofit agency funded, all
or in part, for foreclosure prevention services, by the Minnesota Housing Finance Agency
or the United States Department of Housing and Urban Development, or otherwise
approved by the United States Department of Housing and Urban Development to provide
foreclosure prevention counseling services.

Subd. 3.

Notification to authorized counseling agency.

The party entitled to
foreclose shall, within one week of sending the notice prescribed in section 580.022,
provide to the appropriate authorized foreclosure prevention new text begin counseling new text end agency the
mortgagor's name, address, and most recent known telephone number.

Subd. 4.

Notice of provision of counseling; request for contact information.

(a)
An authorized foreclosure prevention new text begin counseling new text end agency that contacts or is contacted by a
mortgagor or the mortgagor's authorized representative and agrees to provide foreclosure
prevention assistance services to the mortgagor or representative must provide the form
prescribed in section 580.022 new text begin , subdivision 2, new text end to the mortgagee. The form serves as
notice to the mortgagee that the mortgagor is receiving foreclosure prevention counseling
assistance. new text begin Upon receipt of the form, the mortgagee must not commence or continue a
foreclosure proceeding past the day prior to the time when the initial published notice
contained in section 580.03 must be given, except when allowed under sections 583.40
to 583.47.
new text end

(b) The mortgagee must return the form to the deleted text begin authorized foreclosure prevention deleted text end new text begin
counseling new text end agency within 15 days of receipt of the form with the name and telephone
number of the mortgagee's agent. The agent must be a person authorized by the mortgagee
to:

(1) discuss with the deleted text begin authorized foreclosure prevention deleted text end new text begin counseling new text end agency or the
mortgagor the terms of the mortgage; and

(2) negotiate any resolution to the mortgagor's default.

(c) Nothing in this subdivision requires a mortgagee to reach a resolution relating to
the mortgagor's default.

new text begin Subd. 5. new text end

new text begin Mediation referral. new text end

new text begin (a) If an authorized foreclosure prevention counseling
agency provides counseling services to a mortgagor, the counseling agency must discuss
repayment options and alternatives for resolving the default with the mortgagor and
mortgagee. If the mortgagor and mortgagee are unable to negotiate a resolution of the
mortgagor's default within 60 days of receipt of the form submitted by the mortgagee
under subdivision 4, paragraph (b), the counseling agency must give the mortgagor a
mediation request affidavit in the form prescribed in section 583.45, unless the mortgagor
is not eligible for mediation under section 583.41. The counseling agency also must
inform the mortgagor that if the mortgagor wishes to pursue mediation, the form must
be sent by certified mail to the Office of Administrative Hearings within seven days of
receipt of the form and include a mediation fee of $160. The counseling agency must
forward the mortgagor's name to the Office of Administrative Hearings along with a copy
of the form submitted by the mortgagee under subdivision 4, paragraph (b), to verify the
mortgagor's eligibility to participate in mediation.
new text end

new text begin (b) This subdivision expires on July 1, 2012.
new text end

Sec. 2.

Minnesota Statutes 2008, section 580.022, subdivision 1, is amended to read:

Subdivision 1.

Counseling form.

The notice required under section 580.021,
subdivision 2, deleted text begin clause (2), deleted text end must be printed on colored paper that is other than the color of
any other document provided with it and must appear substantially as follows:

"PREFORECLOSURE NOTICE

Foreclosure Prevention Counseling new text begin and Mediation
new text end

Why You Are Getting This Notice

new text begin YOU HAVE DEFAULTED ON A MORTGAGE OF THE HOMESTEAD
PROPERTY DESCRIBED AS [Legal Description and Property Address]. THE HOLDER
OF THE MORTGAGE, [Name of Holder of Mortgage] INTENDS TO FORECLOSE ON
THIS PROPERTY. YOU HAVE THE RIGHT TO PARTICIPATE IN A MEDIATION
PROCESS TO SEE IF A RESOLUTION CAN BE REACHED WITH [Name of
Holder of Mortgage]. TO LEARN MORE ABOUT MEDIATION, CONTACT THE
OFFICE OF ADMINISTRATIVE HEARINGS AT [phone], OR ONLINE AT
WWW.OAH.STATE.MN.US. IF YOU WANT TO PARTICIPATE IN MEDIATION, YOU
MUST FIRST PARTICIPATE IN FORECLOSURE PREVENTION COUNSELING
WITH THE AGENCY LISTED BELOW.
new text end

We do not want you to lose your home and your equity. Government-approved
nonprofit agencies are available to, if possible, help you prevent foreclosure.

We have given your contact information to an authorized foreclosure prevention
counseling agency to contact you to help you prevent foreclosure.

Who Are These Foreclosure Prevention Counseling Agencies

They are nonprofit agencies who are experts in housing and foreclosure prevention
counseling and assistance. They are experienced in dealing with lenders and homeowners
who are behind on mortgage payments and can help you understand your options and
work with you to address your delinquency. They are approved by either the Minnesota
Housing Finance Agency or the United States Department of Housing and Urban
Development. They are not connected with us in any way.

Which Agency Will Contact You

[insert name, address, and telephone number of agency]

You can also contact them directly."

Sec. 3.

Minnesota Statutes 2008, section 580.23, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Five-month redemption period. new text end

new text begin (a) Notwithstanding subdivision 1,
if, before the sale of lands in conformity with the preceding sections of this chapter,
the mortgagor or the mortgagor's personal representatives or assigns participated in
mediation proceedings under sections 583.40 to 583.47, the period of time for redemption
as provided under subdivision 1 is five months instead of six months, unless section
583.43, subdivision 3, applies.
new text end

new text begin (b) If the mortgagor or the mortgagor's personal representatives or assigns
participated in mediation proceedings under sections 583.40 to 583.47, and the mortgagor
or owner seeks to postpone the sale under section 580.07, the postponement must be to
the first date that is not a Saturday, Sunday, or legal holiday and is four months after the
originally scheduled date of sale. Except as provided in this paragraph, the mortgagor or
owner must otherwise follow the provisions of section 580.07 in seeking a postponement
of sale.
new text end

new text begin (c) This subdivision expires on July 1, 2012.
new text end

Sec. 4.

Minnesota Statutes 2008, section 582.30, subdivision 2, is amended to read:

Subd. 2.

deleted text begin Not if six-month or five-week redemption period deleted text end new text begin No deficiency
judgment new text end .

A deficiency judgment is not allowed if a mortgage is foreclosed by
advertisement under chapter 580, and has a redemption period of six months under section
580.23, subdivision 1, new text begin five months under section 580.23, subdivision 1a, new text end or five weeks
under section 582.032.

Sec. 5.

new text begin [583.40] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin The definitions in this section apply to sections
583.40 to 583.47.
new text end

new text begin Subd. 2. new text end

new text begin Commence a foreclosure proceeding. new text end

new text begin "Commence a foreclosure
proceeding" means to file a notice of pendency under section 580.032 or commence a
foreclosure action under chapter 581.
new text end

new text begin Subd. 3. new text end

new text begin Mediator. new text end

new text begin "Mediator" means the administrative law judge, staff attorney,
or other person assigned to conduct the mediation.
new text end

new text begin Subd. 4. new text end

new text begin Office. new text end

new text begin "Office" means the Office of Administrative Hearings.
new text end

new text begin Subd. 5. new text end

new text begin Send. new text end

new text begin "Send" means to deliver by certified mail or another method
acknowledging receipt.
new text end

new text begin Subd. 6. new text end

new text begin Serve. new text end

new text begin "Serve" means personal service under the Minnesota Rules of
Civil Procedure.
new text end

Sec. 6.

new text begin [583.41] APPLICABILITY.
new text end

new text begin Subdivision 1. new text end

new text begin Mortgagees. new text end

new text begin (a) Sections 583.40 to 583.47 apply to a person who is
the holder of a mortgage to which section 580.021 applies.
new text end

new text begin (b) Sections 583.40 to 583.47 do not apply to property if the holder of the mortgage,
before selling the property to the owner, occupied the property as the holder's principal
place of residency.
new text end

new text begin Subd. 2. new text end

new text begin Mortgagors. new text end

new text begin Sections 583.40 to 583.47 apply to a mortgagor who has
received foreclosure prevention counseling under section 580.021 and who has been
verified as eligible for mediation by an authorized foreclosure prevention counseling
agency, or who files a mediation request under section 583.42, subdivision 1, paragraph
(b), indicating that the mortgagor did not receive the required preforeclosure prevention
counseling and mediation notice. Sections 583.40 to 583.47 do not apply to a mortgagor
who qualifies as a debtor under the Farmer-Lender Mediation Act.
new text end

new text begin Subd. 3. new text end

new text begin Applicability. new text end

new text begin Sections 583.40 to 583.48 do not apply to mortgages
refinanced or modified under the Home Affordable Refinance or Home Affordable
Modification Programs established by the United States Treasury Department in 2009.
new text end

new text begin Subd. 4. new text end

new text begin Eligibility. new text end

new text begin For the purposes of sections 583.40 to 583.47, a mortgagor is
eligible for mediation only if the following criteria apply:
new text end

new text begin (1) the mortgagor generally meets all the mediation eligibility requirements in
sections 583.40 to 583.47;
new text end

new text begin (2) if, while the foreclosure prevention counseling agency provided counseling
services to the mortgagor, the mortgagee did not modify the mortgagor's mortgage loan
that is subject to the foreclosure proceeding; and
new text end

new text begin (3) there is a reasonable likelihood that the mortgagor could afford a modified
loan. For purposes of this clause, whether a potential loan modification would result in
a debt-to-income ratio that is within the traditional secondary market loan qualification
guidelines established by Fannie Mae or Freddie Mac must be considered.
new text end

new text begin Subd. 5. new text end

new text begin Exemption. new text end

new text begin Sections 583.40 to 583.47 do not apply to mortgages
originated, serviced, and held by a credit union, an organization majority-owned by one
or more credit unions, a savings association, or a bank that has a physical location in
Minnesota and has had ten foreclosures or less during twelve months preceding the date of
the foreclosure notice for the subject mortgage. For a mortgage to be exempt under this
paragraph, the mortgagor's income and financial resources must have been verified by tax
returns, payroll receipts, bank records, or other similarly reliable documents by the credit
union, savings association, or bank that underwrote the loan.
new text end

Sec. 7.

new text begin [583.42] MEDIATION PROCEEDINGS.
new text end

new text begin Subdivision 1. new text end

new text begin Mediation request; fee. new text end

new text begin (a) A mortgagor who wishes to participate
in mediation must send a mediation request affidavit in the form prescribed in section
583.45 to the office within seven days after receiving the mediation request affidavit from
the counseling agency under section 580.021, subdivision 5, accompanied by a mediation
fee of $160. The mortgagor must disclose all known mortgagees with debts secured by
the property. A mortgagor who fails to send a timely mediation request accompanied by
the fee waives the right to mediation under sections 583.40 to 583.47 for that specific
mortgage foreclosure. Upon receipt of a mediation request affidavit, the office must send a
copy of the affidavit to the holder of the mortgage. The holder of the mortgage must not
commence a foreclosure proceeding against the property or proceed with a proceeding
to which paragraph (b) applies until the stay of the foreclosure is lifted or as otherwise
authorized under sections 583.40 to 583.47.
new text end

new text begin (b) If a mortgagor did not receive the preforeclosure prevention counseling and
mediation notice required under section 580.021 and a mortgage foreclosure proceeding
has been commenced against the mortgagor's property, the mortgagor may send the
mediation request affidavit to the office at any time before the time when the initial public
notice contained in section 580.03 must be given. The mediation request affidavit must
indicate that the mortgagor has not received the required notice.
new text end

new text begin (c) The office must combine all mediation requests for the same mortgagor that are
received before the initial mediation meeting into one mediation proceeding.
new text end

new text begin (d) The mortgagor is only entitled to a single mediation proceeding for a specific
mortgage foreclosure. In the event a mortgage is modified through the mediation process
contained in sections 583.40 to 583.47, that mortgage is not eligible for mediation if the
modified mortgage becomes the subject of a subsequent foreclosure proceeding.
new text end

new text begin Subd. 2. new text end

new text begin Assignment of mediator; costs. new text end

new text begin (a) The chief administrative law judge
of the office shall assign an administrative law judge, staff attorney, or other person with
mediation training to conduct the mediation.
new text end

new text begin (b) The office shall provide the parties with a schedule of fees to be charged by
administrative law judges, staff attorneys, or other persons who act as mediators. The
parties are responsible for paying the costs of the mediation. The costs of mediation
must be covered by the mediation fees submitted by the parties. After the initial fees
are expended, additional mediation meetings may be held as agreed to and paid for by
the participating parties.
new text end

new text begin Subd. 3. new text end

new text begin Mediation proceeding notice. new text end

new text begin (a) Within ten days after receiving a
mediation request, the mediator must send:
new text end

new text begin (1) a mediation proceeding notice to the mortgagor; and
new text end

new text begin (2) a mediation proceeding notice to the mortgagee's agent listed by the mortgagee
in the form submitted under section 580.021, subdivision 4, paragraph (b).
new text end

new text begin (b) The mediation proceeding notice must disclose:
new text end

new text begin (1) the name and address of the mortgagor;
new text end

new text begin (2) that the mortgagor has requested mediation under sections 583.40 to 583.47;
new text end

new text begin (3) the time and place for the initial mediation meeting;
new text end

new text begin (4) that sections 583.40 to 583.47 do not prohibit the mortgagee from continuing the
foreclosure proceeding up through, but not including, the time when the initial published
notice contained in section 580.03 must be given but the mortgagee must not publish the
initial notice, except as otherwise allowed under sections 583.40 to 583.47;
new text end

new text begin (5) that by the initial mediation meeting, the mortgagee must provide the mortgagor
with a copy of the mortgage and note, a statement of interest rates on the debt, delinquent
payments, unpaid principal and interest balances, the mortgagee's estimate of value of
the property, and a general description of the debt restructuring programs available from
the mortgagee;
new text end

new text begin (6) that by the initial mediation meeting, the mortgagor must provide the mortgagee
and the mediator with full documentation of the mortgagor's income and financial
obligations and disclose all known mortgages with debts secured by the property; and
new text end

new text begin (7) that by the initial meeting, the mortgagee or mortgagees must each submit a
mediation fee of $160 to the office.
new text end

new text begin (c) Before the initial meeting, a mortgagor and mortgagee must provide the
information specified in paragraph (b), clause (5) or (6), and the mortgagee must submit the
filing fee specified in paragraph (b), clause (7). An initial mediation meeting must be held
within 30 days of the mediation proceeding notice. Mediation meetings must be conducted
at a location that is within 100 miles of the mortgaged premises that is the subject of the
mediation. At the initial mediation meeting, the mediator shall determine whether or not
there is a reasonable likelihood that the mortgagor could afford a modified loan.
new text end

new text begin Subd. 4. new text end

new text begin Effect of mediation proceeding notice. new text end

new text begin (a) Sections 583.40 to 583.47
do not prevent a mortgagee from continuing the foreclosure proceeding up through, but
not including, the time when the initial published notice contained in section 580.03 must
be given. A mortgagee must not publish the initial notice, except as otherwise allowed
under sections 583.40 to 583.47.
new text end

new text begin (b) Notwithstanding paragraph (a), a mortgagee receiving a mediation proceeding
notice may commence or continue a mortgage foreclosure proceeding against the property
if:
new text end

new text begin (1) the mortgagee receives a mediator's affidavit of the mortgagor's lack of good
faith under section 583.43;
new text end

new text begin (2) ten days have expired since the parties signed an unrevoked agreement under
subdivision 8 allowing the mortgagee to commence mortgage foreclosure proceedings
against the property; or
new text end

new text begin (3) the mortgagee receives a termination statement under subdivision 9.
new text end

new text begin (c) The provisions of this subdivision are subject to section 583.43, relating to
extensions or reductions in the period before a mortgagee may commence or continue a
mortgage foreclosure proceeding.
new text end

new text begin Subd. 5. new text end

new text begin Mediator duties. new text end

new text begin (a) At all mediation meetings, the mediator shall:
new text end

new text begin (1) attempt to mediate between the parties;
new text end

new text begin (2) advise the parties of assistance programs that are available;
new text end

new text begin (3) attempt to arrive at an agreement to fairly adjust, refinance, or pay the mortgage
debt; and
new text end

new text begin (4) advise, counsel, and assist the parties in attempting to arrive at an agreement
for the future conduct of financial relations between them.
new text end

new text begin (b) The mediator may determine the format of the mediation meetings, including
whether or not to keep the parties separate.
new text end

new text begin Subd. 6. new text end

new text begin Mediator immunity. new text end

new text begin The office and mediators are immune from civil
liability for actions within the scope of their positions under this chapter. The office and
mediators do not have a duty to advise the parties about the law or to encourage or assist
parties regarding their legal rights. This subdivision is in addition to and not a limitation
of immunity that otherwise exists under law.
new text end

new text begin Subd. 7. new text end

new text begin Mediation period. new text end

new text begin The mediator may call mediation meetings during the
mediation period, which may be up to 60 days after the mortgagor sends a mediation
request to the office.
new text end

new text begin Subd. 8. new text end

new text begin Mediation agreement. new text end

new text begin (a) If an agreement is reached among the parties,
the mediator must witness and sign a written mediation agreement, have it signed by the
parties, and if applicable, submit the agreement to (1) the office, and (2) any court that has
jurisdiction over mortgage foreclosure or redemption proceedings regarding the property.
new text end

new text begin (b) The parties to the approved mediation agreement:
new text end

new text begin (1) are bound by the terms of the agreement; and
new text end

new text begin (2) may enforce the mediation agreement as a legal contract.
new text end

new text begin (c) A mortgagor may agree to allow a mortgagee to commence a mortgage
foreclosure proceeding against property that is subject to mediation before the proceeding
is otherwise allowed under subdivision 4, provided that the parties may rescind the
agreement within five business days after both parties sign the agreement.
new text end

new text begin Subd. 9. new text end

new text begin Termination of mediation. new text end

new text begin (a) The mediator must sign and serve on the
parties an affidavit by the end of the mediation period.
new text end

new text begin (b) The mediator must prepare an affidavit acknowledging that mediation has ended
and that:
new text end

new text begin (1) describes or references agreements reached between the parties, if any, and
agreements reached among mortgagees, if any; or
new text end

new text begin (2) states that no agreement was reached between the parties, despite a good faith
effort by the parties.
new text end

new text begin (c) Mediation agreements may be included as part of the affidavit.
new text end

new text begin (d) Within three business days after the end of mediation, the mediator must forward
the affidavit under paragraph (b) for recording with the county recorder or registrar
of titles of the county where the property is located. The filed affidavit is prima facie
evidence of the facts stated in the affidavit.
new text end

new text begin Subd. 10. new text end

new text begin Disposition of fees. new text end

new text begin Mediation fees collected by the office under this
section must be deposited in the administrative hearings account in the state treasury and
are appropriated to the office for purposes of this section.
new text end

Sec. 8.

new text begin [583.43] GOOD FAITH REQUIRED.
new text end

new text begin Subdivision 1. new text end

new text begin Obligation of good faith. new text end

new text begin The parties must engage in mediation in
good faith. Not participating in good faith includes:
new text end

new text begin (1) failure to attend and participate in mediation sessions without cause;
new text end

new text begin (2) failure to provide full information, including the obligation to provide
information under section 583.42, subdivision 3;
new text end

new text begin (3) failure of the mortgagee to designate an agent to participate in the mediation with
authority to make binding commitments;
new text end

new text begin (4) lack of a written statement of debt restructuring alternatives and a statement of
reasons why alternatives are unacceptable to one of the parties; and
new text end

new text begin (5) other similar behavior that evidences lack of good faith by a party. A failure to
agree to reduce, restructure, refinance, or forgive debt is not, in itself, evidence of lack of
good faith by the mortgagee. Nothing in sections 583.40 to 583.47 requires a mortgagee
to modify the debt that is the subject of the foreclosure proceeding.
new text end

new text begin Subd. 2. new text end

new text begin Party's bad faith; mediator's affidavit. new text end

new text begin If the mediator determines that
either party is not participating in good faith as defined in subdivision 1, the mediator must
file an affidavit indicating the reasons for the finding with the office and with parties to
the mediation.
new text end

new text begin Subd. 3. new text end

new text begin Mortgagee's bad faith. new text end

new text begin If the mediator finds that the mortgagee has
not participated in the mediation in good faith, and the mortgagee continues with the
foreclosure proceeding, the mortgagor is allowed a six-month redemption period.
new text end

new text begin Subd. 4. new text end

new text begin Mortgagor's lack of good faith. new text end

new text begin If the mediator finds that the mortgagor
has not participated in the mediation in good faith, and the mortgagee continues with the
foreclosure proceeding, then the mortgagor shall execute a deed in lieu of foreclosure
within 90 days of the filing of the mediator's affidavit containing the finding of bad faith.
new text end

Sec. 9.

new text begin [583.44] DATA PRACTICES.
new text end

new text begin Data regarding the finances of mortgagors created, collected, and maintained by
the office under sections 583.40 to 583.47 are private data on individuals as defined in
section 13.02, subdivision 12.
new text end

Sec. 10.

new text begin [583.45] MEDIATION REQUEST AFFIDAVIT FORM.
new text end

new text begin The affidavit for requesting mediation under section 583.42 must be in substantially
the following form:
new text end

new text begin MEDIATION REQUEST AFFIDAVIT
new text end

new text begin Re: Homestead Mortgage Mediation.
new text end

new text begin State of Minnesota . new text end	new text begin ) new text end
	new text begin ) SS. new text end
new text begin County of . new text end	new text begin ) new text end

new text begin .................................................., being first duly sworn, deposes and says:
new text end

new text begin I wish to participate in a mediation process to resolve a dispute with the holder of a
mortgage on property in which I have an ownership interest, located at:
new text end

new text begin ..........................................................
new text end

new text begin Street Address
new text end

new text begin .......................................................................
new text end

new text begin City, State, Zip Code
new text end

new text begin CHECK THE APPLICABLE STATEMENT
new text end

new text begin [ ] This property consists of one to four family dwelling units, one of which I
occupied as my principal place of residency on the date that I received a Preforeclosure
Notice relating to the dispute.
new text end

new text begin [ ] I did not receive a Preforeclosure Notice but this property consists of one to four
family dwelling units, one of which I occupied as my principal place of residency on the
date of this Mediation Request Affidavit.
new text end

new text begin ..............................................................
new text end

new text begin Subscribed and sworn to before me this new text end
new text begin . day of . , . . new text end
.
new text begin Notary Public, . County . new text end
new text begin My Commission expires: . new text end

Sec. 11.

new text begin [583.46] ENFORCEMENT.
new text end

new text begin A mediation agreement may be enforced by a state district court.
new text end

Sec. 12.

new text begin [583.47] INCONSISTENT LAWS.
new text end

new text begin Sections 583.40 to 583.46 have precedence over any inconsistent or conflicting laws,
including chapters 580 and 581.
new text end

Sec. 13.

new text begin [583.48] EXPIRATION.
new text end

new text begin Sections 583.40 to 583.47 expire July 1, 2012.
new text end

Sec. 14. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 13 are effective July 1, 2010, and apply to foreclosures commenced
on or after that date.
new text end