SF 2699

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to liens; modifying provisions governing 
  1.3             nonconsensual common law liens; removing a sunset; 
  1.4             amending Minnesota Statutes 2000, section 514.99, 
  1.5             subdivision 2; repealing Minnesota Statutes 2000, 
  1.6             section 514.99, subdivision 6. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 514.99, 
  1.9   subdivision 2, is amended to read: 
  1.10     Subd. 2.  [NO DUTY TO ACCEPT NONCONSENSUAL COMMON LAW 
  1.11  LIENS; NOTICE OF INVALID LIEN.] (a) No person has a duty to 
  1.12  accept for filing or recording a claim of nonconsensual common 
  1.13  law lien unless: 
  1.14     (1) the claim is accompanied by a specific order from a 
  1.15  court of competent jurisdiction authorizing the filing of the 
  1.16  lien; 
  1.17     (2) the lien statement is accompanied by an affidavit of 
  1.18  personal service or service by certified mail of notice of the 
  1.19  proposed lien on the subject of the lien; and 
  1.20     (3) the lien statement includes the mailing address of the 
  1.21  lien claimant. 
  1.22     (b) If a recording officer, recording office, or 
  1.23  governmental entity accepts for filing or recording a claim that 
  1.24  the person has reason to believe is a nonconsensual common law 
  1.25  lien that is not governed by paragraph (a), the person shall 
  1.26  mail a copy of the lien to the subject of the lien within 30 
  2.1   days of the filing or recording, if a known address for the 
  2.2   subject is reasonably available.  
  2.3      (c) No recording officer, recording office, or governmental 
  2.4   entity is liable for the acceptance or rejection for filing or 
  2.5   recording of a claim of nonconsensual common law lien or a 
  2.6   notice of invalid lien, or for failing to provide notice of the 
  2.7   lien to the subject under this subdivision. 
  2.8      Sec. 2.  [REPEALER.] 
  2.9      Minnesota Statutes 2000, section 514.99, subdivision 6, is 
  2.10  repealed.