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SF 2289

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

  1.1                          A bill for an act 
  1.2             relating to real estate; providing certain document 
  1.3             standards for recording or filing; imposing a fee; 
  1.4             amending Minnesota Statutes 1994, sections 357.18, by 
  1.5             adding a subdivision; 508.82; and 508A.82; proposing 
  1.6             coding for new law in Minnesota Statutes, chapter 507. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [507.093] [STANDARDS FOR DOCUMENTS TO BE 
  1.9   RECORDED OR FILED.] 
  1.10     (a) The following standards are imposed on documents to be 
  1.11  recorded with the county recorder or filed with the registrar of 
  1.12  titles: 
  1.13     (1) The document shall consist of one or more individual 
  1.14  sheets measuring no larger than 8.5 inches by 14 inches. 
  1.15     (2) The form of the document shall be printed, typewritten, 
  1.16  or computer generated in black ink and the form of the document 
  1.17  shall not be smaller than 8-point type.  
  1.18     (3) The document shall be on white paper of not less than 
  1.19  20-pound weight with no background color, images, or writing and 
  1.20  shall have a clear border of approximately one-half inch on the 
  1.21  top, bottom, and each side.  
  1.22     (4) The first page of the document shall contain a blank 
  1.23  space at the top measuring three inches, as measured from the 
  1.24  top of the page.  The right half to be used by the county 
  1.25  recorder for recording information or registrar of titles for 
  1.26  filing information and the left half to be used by the county 
  2.1   auditor or treasurer for certification.  
  2.2      (5) The title of the document shall be prominently 
  2.3   displayed at the top of the first page below the blank space 
  2.4   referred to in clause (4).  
  2.5      (6) No additional sheet shall be attached or affixed to a 
  2.6   page that covers up any information or printed part of the form. 
  2.7      (7) A document presented for recording or filing must be 
  2.8   sufficiently legible to reproduce a readable copy using the 
  2.9   county recorder's or registrar of title's current method of 
  2.10  reproduction.  
  2.11     (b) The recording or filing fee for a document that does 
  2.12  not conform to the standards in paragraph (a) shall be increased 
  2.13  as provided in sections 2, 3, and 4. 
  2.14     Sec. 2.  Minnesota Statutes 1994, section 357.18, is 
  2.15  amended by adding a subdivision to read: 
  2.16     Subd. 5.  [VARIANCE FROM STANDARDS.] A document that does 
  2.17  not conform to the standards in section 1, paragraph (a), shall 
  2.18  not be recorded except upon payment of an additional fee of $10 
  2.19  per document.  This subdivision applies only to documents dated 
  2.20  after July 31, 1997, and does not apply to Minnesota uniform 
  2.21  conveyancing blanks contained in the book of forms in the office 
  2.22  of the commissioner of commerce provided for under section 
  2.23  507.09, certified copies, or any other form provided for under 
  2.24  Minnesota Statutes. 
  2.25     Sec. 3.  Minnesota Statutes 1994, section 508.82, is 
  2.26  amended to read: 
  2.27     508.82 [REGISTRAR'S FEES.] 
  2.28     Subdivision 1.  [STANDARD DOCUMENTS.] The fees to be paid 
  2.29  to the registrar shall be as follows: 
  2.30     (1) of the fees provided herein, five percent of the fees 
  2.31  collected under clauses (3), (4), (10), (12), (13), (14), (16), 
  2.32  (17), and (18), for filing or memorializing shall be paid to the 
  2.33  state treasurer and credited to the general fund; plus a $4.50 
  2.34  surcharge shall be charged and collected in addition to the 
  2.35  total fees charged for each transaction under clauses (2) to 
  2.36  (5), (10), (12), (14), and (18), with 50 cents of this surcharge 
  3.1   to be retained by the county to cover its administrative costs 
  3.2   and $4 to be paid to the state treasury and credited to the 
  3.3   general fund; 
  3.4      (2) for registering each original certificate of title, and 
  3.5   issuing a duplicate of it, $30; 
  3.6      (3) for registering each instrument transferring the fee 
  3.7   simple title for which a new certificate of title is issued and 
  3.8   for the issuance and registration of the new certificate of 
  3.9   title, $30; 
  3.10     (4) for the entry of each memorial on a certificate and 
  3.11  endorsements upon duplicate certificates, $15; 
  3.12     (5) for issuing each residue certificate, $20; 
  3.13     (6) for exchange certificates, $10 for each certificate 
  3.14  canceled and $10 for each new certificate issued; 
  3.15     (7) for each certificate showing condition of the register, 
  3.16  $10; 
  3.17     (8) for any certified copy of any instrument or writing on 
  3.18  file in the registrar's office, the same fees allowed by law to 
  3.19  county recorders for like services; 
  3.20     (9) for a noncertified copy of any instrument or writing on 
  3.21  file in the office of the registrar of titles, or any specified 
  3.22  page or part of it, an amount as determined by the county board 
  3.23  for each page or fraction of a page specified.  If computer or 
  3.24  microfilm printers are used to reproduce the instrument or 
  3.25  writing, a like amount per image; 
  3.26     (10) for filing two copies of any plat in the office of the 
  3.27  registrar, $30; 
  3.28     (11) for any other service under this chapter, such fee as 
  3.29  the court shall determine; 
  3.30     (12) for issuing a duplicate certificate of title pursuant 
  3.31  to the directive of the examiner of titles in counties in which 
  3.32  the compensation of the examiner is paid in the same manner as 
  3.33  the compensation of other county employees, $50, plus $10 to 
  3.34  memorialize; 
  3.35     (13) for issuing a duplicate certificate of title pursuant 
  3.36  to the directive of the examiner of titles in counties in which 
  4.1   the compensation of the examiner is not paid by the county or 
  4.2   pursuant to an order of the court, $10; 
  4.3      (14) for filing a condominium plat or an amendment to it in 
  4.4   accordance with chapter 515, $30; 
  4.5      (15) for a copy of a condominium plat filed pursuant to 
  4.6   chapters 515 and 515A, the fee shall be $1 for each page of the 
  4.7   condominium plat with a minimum fee of $10; 
  4.8      (16) for filing a condominium declaration and plat or an 
  4.9   amendment to it in accordance with chapter 515A, $10 for each 
  4.10  certificate upon which the document is registered and $30 for 
  4.11  the filing of the condominium plat or an amendment thereto; 
  4.12     (17) for the filing of a certified copy of a plat of the 
  4.13  survey pursuant to section 508.23 or 508.671, $10; 
  4.14     (18) for filing a registered land survey in triplicate in 
  4.15  accordance with section 508.47, subdivision 4, $30; 
  4.16     (19) for furnishing a certified copy of a registered land 
  4.17  survey in accordance with section 508.47, subdivision 4, $10. 
  4.18     Subd. 2.  [VARIANCE FROM STANDARDS.] A document that does 
  4.19  not conform to the standards in section 1, paragraph (a), shall 
  4.20  not be filed except upon payment of an additional fee of $10 per 
  4.21  document.  This subdivision applies only to documents dated 
  4.22  after July 31, 1997, and does not apply to Minnesota uniform 
  4.23  conveyancing blanks contained in the book of forms in the office 
  4.24  of the commissioner of commerce provided for under section 
  4.25  507.09, certified copies, or any other form provided for under 
  4.26  Minnesota Statutes. 
  4.27     Sec. 4.  Minnesota Statutes 1994, section 508A.82, is 
  4.28  amended to read: 
  4.29     508A.82 [REGISTRAR'S FEES.] 
  4.30     Subdivision 1.  [STANDARD DOCUMENTS.] The fees to be paid 
  4.31  to the registrar shall be as follows:  
  4.32     (1) of the fees provided herein, five percent of the fees 
  4.33  collected under clauses (3), (4), (10), (12), (13), (14), (16), 
  4.34  and (18), for filing or memorializing shall be paid to the state 
  4.35  treasurer and credited to the general fund; plus a $4.50 
  4.36  surcharge shall be charged and collected in addition to the 
  5.1   total fees charged for each transaction under clauses (2) to 
  5.2   (5), (10), (12), (14), and (18), with 50 cents of this surcharge 
  5.3   to be retained by the county to cover its administrative costs 
  5.4   and $4 to be paid to the state treasury and credited to the 
  5.5   general fund; 
  5.6      (2) for registering each original CPT, and issuing a 
  5.7   duplicate of it, $30; 
  5.8      (3) for registering each instrument transferring the fee 
  5.9   simple title for which a new CPT is issued and for the issuance 
  5.10  and registration of the new CPT, $30; 
  5.11     (4) for the entry of each memorial on a certificate and 
  5.12  endorsements upon duplicate CPTs, $15; 
  5.13     (5) for issuing each residue CPT, $20; 
  5.14     (6) for exchange CPTs, $10 for each CPT canceled and $10 
  5.15  for each new CPT issued; 
  5.16     (7) for each certificate showing condition of the register, 
  5.17  $10; 
  5.18     (8) for any certified copy of any instrument or writing on 
  5.19  file in the registrar's office, the same fees allowed by law to 
  5.20  county recorders for like services; 
  5.21     (9) for a noncertified copy of any instrument or writing on 
  5.22  file in the office of the registrar of titles, or any specified 
  5.23  page or part of it, an amount as determined by the county board 
  5.24  for each page or fraction of a page specified.  If computer or 
  5.25  microfilm printers are used to reproduce the instrument or 
  5.26  writing, a like amount per image; 
  5.27     (10) for filing two copies of any plat in the office of the 
  5.28  registrar, $30; 
  5.29     (11) for any other service under sections 508A.01 to 
  5.30  508A.85, the fee the court shall determine; 
  5.31     (12) for issuing a duplicate CPT pursuant to the directive 
  5.32  of the examiner of titles in counties in which the compensation 
  5.33  of the examiner is paid in the same manner as the compensation 
  5.34  of other county employees, $50, plus $10 to memorialize; 
  5.35     (13) for issuing a duplicate CPT pursuant to the directive 
  5.36  of the examiner of titles in counties in which the compensation 
  6.1   of the examiner is not paid by the county or pursuant to an 
  6.2   order of the court, $10; 
  6.3      (14) for filing a condominium plat or an amendment to it in 
  6.4   accordance with chapter 515, $30; 
  6.5      (15) for a copy of a condominium plat filed pursuant to 
  6.6   chapters 515 and 515A, the fee shall be $1 for each page of the 
  6.7   plat with a minimum fee of $10; 
  6.8      (16) for filing a condominium declaration and condominium 
  6.9   plat or an amendment to it in accordance with chapter 515A, $10 
  6.10  for each certificate upon which the document is registered and 
  6.11  $30 for the filing of the condominium plat or an amendment to 
  6.12  it; 
  6.13     (17) in counties in which the compensation of the examiner 
  6.14  of titles is paid in the same manner as the compensation of 
  6.15  other county employees, for each parcel of land contained in the 
  6.16  application for a CPT, as the number of parcels is determined by 
  6.17  the examiner, a fee which is reasonable and which reflects the 
  6.18  actual cost to the county, established by the board of county 
  6.19  commissioners of the county in which the land is located; 
  6.20     (18) for filing a registered land survey in triplicate in 
  6.21  accordance with section 508A.47, subdivision 4, $30; 
  6.22     (19) for furnishing a certified copy of a registered land 
  6.23  survey in accordance with section 508A.47, subdivision 4, $10. 
  6.24     Subd. 2.  [VARIANCE FROM STANDARDS.] A document that does 
  6.25  not conform to the standards in section 1, paragraph (a), shall 
  6.26  not be filed except upon payment of an additional fee of $10 per 
  6.27  document.  This subdivision applies only to documents dated 
  6.28  after July 31, 1997, and does not apply to Minnesota uniform 
  6.29  conveyancing blanks contained in the book of forms in the office 
  6.30  of the commissioner of commerce provided for under section 
  6.31  507.09, certified copies, or any other form provided for under 
  6.32  Minnesota Statutes.