SF 340

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:12am

A bill for an act
relating to real property; mortgages; requiring notice and mandatory mediation
prior to commencement of mortgage foreclosure proceedings on homestead
property; creating a homestead-lender mediation account; amending Minnesota
Statutes 2008, sections 357.18, subdivision 1; 508.82, subdivision 1; 508A.82,
subdivision 1; proposing coding for new law in Minnesota Statutes, chapters
582; 583.

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

ARTICLE 1

HOMESTEAD-LENDER MEDIATION ACT

Section 1.

new text begin [582.0391] MEDIATION NOTICE FOR HOMESTEAD PROPERTY.
new text end

new text begin Subdivision 1. new text end

new text begin Requirement. new text end

new text begin A person may not begin a mortgage foreclosure
proceeding under this chapter or chapters 580 and 581 against homestead property, as
defined in section 510.01, that has a secured debt of more than $5,000 unless:
new text end

new text begin (a) a mediation notice is served on both the mortgagor and the attorney general after
a default has occurred in the mortgage and the mortgagor and mortgagee have completed
mediation under section 583.40 to 583.49; or
new text end

new text begin (b) as otherwise allowed under sections 583.40 to 583.49.
new text end

new text begin Subd. 2. new text end

new text begin Contents. new text end

new text begin A mediation notice must contain the following notice with the
blanks properly filled in.
new text end

new text begin "To: [Name of Record Owner]
new text end

new text begin YOU HAVE DEFAULTED ON A MORTGAGE OF THE HOMESTEAD
PROPERTY DESCRIBED AS [Legal Description and Property Address].
new text end

new text begin AS HOLDER OF THE MORTGAGE, [Name of Holder of Mortgage] INTENDS
TO FORECLOSE ON THE PROPERTY DESCRIBED ABOVE.
new text end

new text begin YOU HAVE THE RIGHT TO HAVE THE MORTGAGE DEBT REVIEWED
THROUGH MEDIATION.
new text end

new text begin IF YOU DECIDE TO PARTICIPATE IN MEDIATION, IT WILL BE TO YOUR
ADVANTAGE TO ASSEMBLE YOUR PERSONAL FINANCIAL RECORDS
AS SOON AS POSSIBLE. MEDIATION WILL ATTEMPT TO ARRIVE AT AN
AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS.
new text end

new text begin TO HAVE THE MORTGAGE DEBT REVIEWED THROUGH MEDIATION
YOU MUST FILE A MEDIATION REQUEST WITH THE OFFICE OF THE
ATTORNEY GENERAL WITHIN 20 DAYS AFTER YOU RECEIVE THIS
NOTICE. THE MEDIATION REQUEST FORM IS AVAILABLE AT THE OFFICE
OF THE ATTORNEY GENERAL AT [phone] OR 1-800-657-3787, OR
ONLINE AT WWW.AG.STATE.MN.US.
new text end

new text begin From: [Name and Address of Holder of Mortgage]"
new text end

Sec. 2.

new text begin [583.40] CITATION.
new text end

new text begin Sections 583.40 to 583.49 may be cited as the "Homestead-Lender Mediation Act."
new text end

Sec. 3.

new text begin [583.41] 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
583.42 to 583.49.
new text end

new text begin Subd. 2. new text end

new text begin Homestead property. new text end

new text begin "Homestead property" means real property as
defined in section 510.01.
new text end

new text begin Subd. 3. new text end

new text begin File. new text end

new text begin "File" means to deliver by the required date by certified mail or
another method acknowledging receipt.
new text end

new text begin Subd. 4. new text end

new text begin Serve. new text end

new text begin "Serve" means personal service as in a district court civil action.
new text end

Sec. 4.

new text begin [583.42] APPLICABILITY.
new text end

new text begin Subdivision 1. new text end

new text begin Creditors. new text end

new text begin (a) Sections 583.40 to 583.49 apply to creditors who are
the holder of a mortgage, security interest, or lien on homestead property and are:
new text end

new text begin (1) the United States or an agency of the United States;
new text end

new text begin (2) the state of Minnesota or an agency of the state of Minnesota;
new text end

new text begin (3) local governmental units;
new text end

new text begin (4) corporations, partnerships, trusts, and other business entities; and
new text end

new text begin (5) individuals.
new text end

new text begin (b) Sections 583.40 to 583.49 do not apply to property where the creditor, prior to
selling the homestead to the debtor, utilized the property as his own homestead.
new text end

new text begin Subd. 2. new text end

new text begin Debtors. new text end

new text begin Sections 583.40 to 583.49 apply to a debtor who is a person who
owns and occupies a home as defined in section 510.01 and who does not qualify as a
debtor under the Farmer-Lender Mediation Act.
new text end

new text begin Subd. 3. new text end

new text begin Appointment. new text end

new text begin The attorney general may appoint and arrange for
the compensation of mediators who are qualified persons experienced in finance or
negotiation.
new text end

Sec. 5.

new text begin [583.43] MANDATORY MEDIATION PROCEEDINGS.
new text end

new text begin Subdivision 1. new text end

new text begin Mediation notice. new text end

new text begin (a) A creditor desiring to start a mortgage
foreclosure proceeding against a homestead property under chapter 580 or 581 must serve
an applicable mediation notice under section 582.0391 on the debtor and the Office of
the Attorney General. The creditor must also file with the Office of the Attorney General
proof of the date the mediation notice was served on the debtor. The creditor may not
begin the proceeding until the stay of the creditor's mortgage foreclosure is lifted under
subdivision 4, or as allowed under sections 583.40 to 583.49.
new text end

new text begin (b) For purposes of sections 583.40 to 583.49, starting a mortgage foreclosure
proceeding means initiating a proceeding under chapter 580 or 581 or reinitiating a
proceeding under chapter 580 or 581 after the parties have temporarily resolved the initial
proceeding prior to the enforcement that would otherwise have been allowed under
subdivision 4.
new text end

new text begin (c) The attorney general shall combine all mediation notices for the same debtor that
are received prior to the initial mediation meeting into one mediation proceeding.
new text end

new text begin Subd. 2. new text end

new text begin Mediation request. new text end

new text begin (a) A debtor who wishes to participate in mediation
must file a mediation request form with the Office of the Attorney General within 20 days
after receiving a mediation notice. The debtor must disclose all known creditors with debts
secured by the homestead property and disclose the date that the notice was served on the
debtor. A debtor who fails to file a timely mediation request waives the right to mediation
for that specific mortgage foreclosure action under sections 583.40 to 583.49. In the event
that the creditor does not receive a mediation proceeding notice within 40 days of issuing
the mediation notice, the creditor may proceed with the mortgage foreclosure.
new text end

new text begin (b) If a debtor has not received a mediation notice and is subject to a mortgage
foreclosure proceeding against homestead property under chapter 580 or 581, then
the debtor may file a mediation request with the Office of the Attorney General. The
mediation request form must indicate that the debtor has not received a mediation notice.
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 attorney general shall send:
new text end

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

new text begin (2) a mediation proceeding notice to all homestead mortgage and homestead lien
creditors listed by the debtor in the mediation request.
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 debtor;
new text end

new text begin (2) that the debtor has requested mediation under sections 583.40 to 583.49;
new text end

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

new text begin (4) that in lieu of having a mediator assigned by the attorney general, the debtor and
any one or more of the creditors may agree to select and pay for a professional mediator
who must be approved by the attorney general;
new text end

new text begin (5) that sections 583.40 to 583.49 prohibit the creditor from beginning or continuing
a proceeding to enforce the debt against the homestead property for 90 days after the
debtor files a mediation request with the attorney general unless otherwise allowed; and
new text end

new text begin (6) by the initial mediation meeting, the creditor must provide the debtor with copies
of notes and contracts for debts subject to sections 583.40 to 583.49, a statement of
interest rates on the debts, delinquent payments, unpaid principal and interest balances, the
creditor's value of the collateral, and debt restructuring programs available by the creditor.
new text end

new text begin (c) An initial mediation meeting must be held within 20 days of the mediation
proceeding notice.
new text end

new text begin (d) In lieu of the attorney general assigning a mediator, the debtor and any one or
more of the creditors may agree to select and pay for a professional mediator for the
mediation proceeding. The attorney general must approve the professional mediator
before the professional mediator may be assigned to the mediation proceeding. The
professional mediator may not be approved unless the professional mediator prepares and
signs an affidavit:
new text end

new text begin (1) disclosing any biases, relationships, or previous associations with the debtor or
creditor subject to the mediation proceedings;
new text end

new text begin (2) stating certifications, training, or qualifications as a professional mediator;
new text end

new text begin (3) disclosing fees to be charged or a rate schedule of fees for the mediation
proceeding; and
new text end

new text begin (4) affirming to uphold sections 583.40 to 583.49.
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) A creditor, or a creditor's
successor in interest, who receives a mediation proceeding notice pursuant to subdivision
3 may not begin or continue mortgage foreclosure proceedings subject to sections 583.40
to 583.49 against homestead property of the debtor under chapter 580 or 581 until 80 days
after the date the debtor files a mediation request with the attorney general, except as
allowed under sections 583.40 to 583.49.
new text end

new text begin (b) Notwithstanding paragraph (a), a creditor receiving a mediation proceeding
notice may begin mortgage foreclosure proceedings against homestead property of the
debtor if:
new text end

new text begin (1) the creditor receives a mediator's affidavit of the debtor's lack of good faith
under section 583.44;
new text end

new text begin (2) ten days after the date the debtor and creditor sign an agreement allowing the
creditor to commence mortgage foreclosure proceedings against homestead property if the
debtor has not rescinded the agreement within five days of signing the agreement; or
new text end

new text begin (3) the creditor receives a termination statement according to subdivision 9.
new text end

new text begin (c) A creditor receiving a mediation proceeding notice must provide the debtor
by the initial mediation meeting with copies of notes and contracts for debts subject to
sections 583.40 to 583.49, a statement of interest rates on the debts, delinquent payments,
unpaid principal balance, a list of all collateral securing debts, a creditor's estimate of the
value of the collateral, and debt restructuring programs available by the creditor.
new text end

new text begin (d) The provisions of this subdivision are subject to section 583.44, relating to
extensions or reductions in the period before a creditor may commence a mortgage
foreclosure proceeding.
new text end

new text begin Subd. 5. new text end

new text begin Eligibility and duties of mediator. new text end

new text begin (a) A person is not eligible to be
a mediator if the person has a conflict of interest that does not allow the person to be
impartial.
new text end

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

new text begin (1) listen to the debtor and the creditors desiring to be heard;
new text end

new text begin (2) attempt to mediate between the debtor and the creditors;
new text end

new text begin (3) advise the debtor and creditors of assistance programs available;
new text end

new text begin (4) attempt to arrive at an agreement to fairly adjust, refinance, or pay the debts; and
new text end

new text begin (5) advise, counsel, and assist the debtor and creditors in attempting to arrive at an
agreement for the future conduct of financial relations among them.
new text end

new text begin Subd. 6. new text end

new text begin Mediator liability and immunity. new text end

new text begin A mediator and the Office of the
Attorney General and its members are immune from civil liability for actions within the
scope of the position, set forth in this chapter. A mediator and the Office of the Attorney
General and its members do not have a duty to advise a creditor or debtor about the law
or to encourage or assist a debtor or creditor in reserving or establishing legal rights.
This subdivision is an addition to and not a limitation of immunity otherwise accorded
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 is up to 60 days after the initial mediation meeting.
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 debtor
and creditors, the mediator shall witness and sign a written mediation agreement, have
it signed by the debtor and creditors, and if applicable, submit the agreement to (1) the
attorney general, and (2) any court that has jurisdiction over mortgage foreclosure or
redemption proceedings regarding the real estate at issue.
new text end

new text begin (b) The debtor and creditors who are parties to the approved mediation agreement and
creditors who have filed claim forms and have not objected to the 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 debtor may agree to allow a creditor to commence a mortgage foreclosure
proceeding against homestead property before the proceeding is otherwise allowed under
subdivision 4, but the debtor or creditor may rescind the agreement within five business
days after that debtor and particular creditor both sign the agreement.
new text end

new text begin Subd. 9. new text end

new text begin End of mediation. new text end

new text begin (a) The mediator shall sign and serve on the parties
and the attorney general a termination statement by the end of the time period specified in
subdivision 4.
new text end

new text begin (b) The mediator shall prepare a termination statement acknowledging that
mediation has ended and that:
new text end

new text begin (1) describes or references agreements reached between a creditor and the debtor, if
any, and agreements reached among creditors, 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, and that further negotiation would be futile.
new text end

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

Sec. 6.

new text begin [583.44] GOOD FAITH REQUIRED; COURT-SUPERVISED
MEDIATION.
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 (a) failure to attend and participate in mediation sessions without cause;
new text end

new text begin (b) failure to provide full information regarding the financial obligations of the
parties and other creditors including the obligation of a creditor to provide information
under section 583.43, subdivision 4, paragraph (c);
new text end

new text begin (c) failure of the creditor to designate a representative to participate in the mediation
with authority to make binding commitments;
new text end

new text begin (d) 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 (e) other similar behavior which evidences lack of good faith by a party. A failure
to agree to reduce, restructure, refinance, or forgive debt does not, in itself, evidence
lack of good faith by the creditor.
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 shall
file an affidavit indicating the reasons for the finding with the Office of the Attorney
General and with parties to the mediation.
new text end

new text begin Subd. 3. new text end

new text begin Creditor's bad faith; court supervision. new text end

new text begin If the mediator finds the creditor
has not participated in mediation in good faith, the debtor may require court-supervised
mandatory mediation by filing the affidavit with the district court of the county of the
debtor's residence with a request for court supervision of mediation and serving a copy of
the request on the creditor. Upon request, the court shall require both parties to mediate
under the supervision of the court in good faith for a period of not more than 180 days. All
mortgage foreclosure proceedings must be suspended during this period. The court may
issue orders necessary to effect good faith mediation. Following the mediation period, if
the court finds the creditor has not participated in mediation in good faith, the court shall
by order suspend the creditor's mortgage foreclosure proceeding for an additional period
of 180 days. A creditor found by the mediator not to have participated in good faith shall
pay the attorney fees and costs of the debtor requesting court supervision, in addition to
further suspension of the creditor's mortgage foreclosure proceeding.
new text end

new text begin Subd. 4. new text end

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

new text begin A creditor may immediately proceed with
creditor's mortgage foreclosure proceedings upon receipt of a mediator's affidavit of a
debtor's lack of good faith notwithstanding any other requirements of sections 583.40
to 583.49.
new text end

new text begin Subd. 5. new text end

new text begin Review of good faith finding. new text end

new text begin (a) Upon petition by a debtor or creditor, a
court may review a mediator's affidavit of lack of good faith on a mediator's failure to file
an affidavit of lack of good faith. The review is limited to whether the mediator committed
an abuse of discretion in filing or failing to file an affidavit of lack of good faith. The
petition must be reviewed by the court within ten days after the petition is filed.
new text end

new text begin (b) If the court finds that the mediator committed an abuse of discretion in filing, or
failing to file, an affidavit of lack of good faith, the court may:
new text end

new text begin (1) reinstate mediation and the stay of creditor's mortgage foreclosure proceeding;
new text end

new text begin (2) order court-supervised mediation; or
new text end

new text begin (3) allow creditors to proceed immediately with creditors' mortgage foreclosure
proceeding.
new text end

Sec. 7.

new text begin [583.45] CREDITOR NOT ATTENDING MEDIATION MEETING.
new text end

new text begin Subdivision 1. new text end

new text begin Filing and effect of claim form. new text end

new text begin A creditor that is notified of the
initial mediation meeting is subject to and bound by a mediation agreement if the creditor
does not attend mediation meetings, unless the creditor files a claim form. In lieu of
attending a mediation meeting, a creditor may file a claim form with the mediator before
the scheduled meeting. By filing a claim form the creditor agrees to be bound by a
mediation agreement reached at the mediation meeting unless an objection is filed within
the time specified in subdivision 2. The mediator must notify the creditors who have filed
claim forms of the terms of any agreement.
new text end

new text begin Subd. 2. new text end

new text begin Objections to agreements. new text end

new text begin A creditor who has filed a claim form may
serve a written objection to the terms of the mediation agreement on the mediator and the
debtor within ten days after receiving notice of the mediation agreement. If a creditor files
an objection to the terms of a mediation agreement, the mediator shall meet again with
debtors and creditors within ten days after receiving the objection. Notwithstanding the
mediation period under section 583.43, subdivision 7, if an objection is filed, the mediator
shall call mediation meetings during the ten-day period following receipt of the objection.
new text end

Sec. 8.

new text begin [583.46] DATA PRACTICES.
new text end

new text begin All data regarding the finances of individual debtors and creditors created, collected,
and maintained by the mediators of the attorney general are classified as private data on
individuals under section 13.02, subdivision 12, or nonpublic data under section 13.02,
subdivision 9.
new text end

Sec. 9.

new text begin [583.47] FORMS AND COMPENSATION.
new text end

new text begin Subdivision 1. new text end

new text begin Compensation new text end

new text begin The attorney general shall set the compensation
of mediators.
new text end

new text begin Subd. 2. new text end

new text begin Forms. new text end

new text begin The attorney general's office shall create standard mediation
requests and claim forms.
new text end

Sec. 10.

new text begin [583.48] ENFORCEMENT.
new text end

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

Sec. 11.

new text begin [583.49] INCONSISTENT LAWS.
new text end

new text begin Sections 583.40 to 583.49 have precedence over any inconsistent or conflicting laws
and statutes including chapters 336, 580, and 581.
new text end

Sec. 12.

new text begin [583.50] EXPIRATION.
new text end

new text begin Sections 582.0391, and 583.40 to 583.49, expire December 31, 2014.
new text end

Sec. 13. new text begin EFFECTIVE DATE.
new text end

new text begin This article is effective the day following final enactment.
new text end

ARTICLE 2

CONFORMING PROVISIONS

Section 1.

Minnesota Statutes 2008, section 357.18, subdivision 1, is amended to read:

Subdivision 1.

County recorder fees.

The fees to be charged by the county recorder
shall be and not exceed the following:

(1) for indexing and recording any deed or other instrument a fee of $46; $10.50
shall be paid to the state treasury and credited to the general fund; $10 shall be deposited
in the technology fund pursuant to subdivision 3; and $25.50 shall be deposited in the
county general fund;

new text begin (1a) during the period from the enactment of sections 583.40 to 583.49 through
December 31, 2014, the fee for indexing and recording any deed or other instrument will
be $50; $10.50 shall be paid to the state treasury and credited to the general fund; $10 shall
be deposited in the technology fund pursuant to subdivision 4; $25.50 shall be deposited
in the county general fund; and $4 shall be paid to the mediation act account;
new text end

(2) for documents containing multiple assignments, partial releases or satisfactions a
fee of $46; if the document cites more than four recorded instruments, an additional fee of
$10 for each additional instrument cited over the first four citations;

(3) for certified copies of any records or papers, $10;

(4) for a noncertified copy of any instrument or writing on file or recorded in the
office of the county recorder, 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;

(5) for an abstract of title, the fees shall be determined by resolution of the county
board duly adopted upon the recommendation of the county recorder, and the fees shall
not exceed $10 for every entry, $100 for abstract certificate, $1 per page for each exhibit
included within an abstract as a part of an abstract entry, and $5 per name for each
required name search certification;

(6) for a copy of an official plat filed pursuant to section 505.08, the fee shall be $10
and an additional $5 shall be charged for the certification of each plat;

(7) for filing an amended floor plan in accordance with chapter 515, an amended
condominium plat in accordance with chapter 515A, or a common interest community
plat or amendment complying with section 515B.2-110, subsection (c), the fee shall be 50
cents per apartment or unit with a minimum fee of $56;

(8) for a copy of a floor plan filed pursuant to chapter 515, a copy of a condominium
plat filed in accordance with chapter 515A, 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, condominium plat or common interest community plat with a minimum
fee of $10;

(9) for recording any plat, a fee of $56, of which $10.50 must be paid to the state
treasury and credited to the general fund, $10 must be deposited in the technology fund
pursuant to subdivision deleted text begin 3 deleted text end new text begin 4 new text end , and $35.50 must be deposited in the county general fund; and

(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 county recorder shall return it marked
"copy" or "duplicate," showing the recording date and, if available, the document number
assigned to the original.

Sec. 2.

Minnesota Statutes 2008, 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 deleted text begin 3 deleted text end new text begin 4 new text end ; and

(iii) $25.50 shall be deposited in the county general fund;

new text begin (2a) during the period from the enactment of sections 583.40 to 583.49 through
December 31, 2014, the fee for registering a first certificate of title, including issuing a
copy of it, $50. Pursuant to clause (1), distribution of the fee is as follows:
new text end

new text begin (i) $10.50 shall be paid to the state treasury and credited to the general fund;
new text end

new text begin (ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 4;
new text end

new text begin (iii) $25.50 shall be deposited in the county general fund; and
new text end

new text begin (iv) $4 shall be paid to the Homestead-Lender Mediation Act account;
new text end

(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 deleted text begin 3 deleted text end new text begin 4 new text end ; and

(iii) $24 shall be deposited in the county general fund;

new text begin (3a) during the period from the enactment of sections 583.40 to 583.49 through
December 31, 2014, the fee 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, $50. Pursuant to clause (1), distribution of the fee is as follows:
new text end

new text begin (i) $12 shall be paid to the state treasury and credited to the general fund;
new text end

new text begin (ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 4;
new text end

new text begin (iii) $24 shall be deposited in the county general fund; and
new text end

new text begin (iv) $4 shall be paid to the Homestead-Lender Mediation Act account;
new text end

(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 deleted text begin 3 deleted text end new text begin 4 new text end ;

(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;

new text begin (4a) during the period from the enactment of sections 583.40 to 583.49 through
December 31, 2014, the fee for the entry of each memorial on a certificate, $50. For
multiple certificate entries, $20 thereafter. Pursuant to clause (1), distribution of the fee
is as follows:
new text end

new text begin (i) $12 shall be paid to the state treasury and credited to the general fund;
new text end

new text begin (ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 4;
new text end

new text begin (iii) $24 shall be deposited in the county general fund;
new text end

new text begin (iv) $4 shall be paid to the Homestead-Lender Mediation Act account; and
new text end

new text begin (v) $20 shall be deposited in the county general fund for each multiple entry used;
new text end

(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 deleted text begin 3 deleted text end new text begin 4 new text end ; 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 deleted text begin 3 deleted text end new text begin 4 new text end ;

(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 CECT 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 deleted text begin 3 deleted text end new text begin 4 new text end ;

(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 deleted text begin 3 deleted text end new text begin 4 new text end ; 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 deleted text begin 3 deleted text end new text begin 4 new text end ; 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. 3.

Minnesota Statutes 2008, 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 deleted text begin 3 deleted text end new text begin 4 new text end ; and

(iii) $25.50 shall be deposited in the county general fund;

new text begin (2a) during the period from the enactment of sections 583.40 to 583.49 through
December 31, 2014, the fee for registering a first CPT, including issuing a copy of it, $50.
Pursuant to clause (1), distribution of the fee is as follows:
new text end

new text begin (i) $10.50 shall be paid to the state treasury and credited to the general fund;
new text end

new text begin (ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 4;
new text end

new text begin (iii) $25.50 shall be deposited in the county general fund; and
new text end

new text begin (iv) $4 shall be paid to the Homestead-Lender Mediation Act account;
new text end

(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 deleted text begin 3 deleted text end new text begin 4 new text end ; and

(iii) $24 shall be deposited in the county general fund;

new text begin (3a) during the period from the enactment of sections 583.40 to 583.49 through
December 31, 2014, the fee 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, $50. Pursuant to clause (1), distribution of the fee is as follows:
new text end

new text begin (i) $12 shall be paid to the state treasury and credited to the general fund;
new text end

new text begin (ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 4;
new text end

new text begin (iii) $24 shall be deposited in the county general fund; and
new text end

new text begin (iv) $4 shall be paid to the Homestead-Lender Mediation Act account;
new text end

(4) for issuance of a CECT 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 deleted text begin 3 deleted text end new text begin 4 new text end ;

(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;

new text begin (5a) during the period from the enactment of sections 583.40 to 583.49 through
December 31, 2014, the fee for the entry of each memorial on a CPT, $50; for multiple
certificate entries, $20 thereafter. Pursuant to clause (1), distribution of the fee is as
follows:
new text end

new text begin (i) $12 shall be paid to the state treasury and credited to the general fund;
new text end

new text begin (ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 4;
new text end

new text begin (iii) $24 shall be deposited in the county general fund;
new text end

new text begin (iv) $4 shall be paid to the Homestead-Lender Mediation Act account; and
new text end

new text begin (v) $20 shall be deposited in the county general fund for each multiple entry used;
new text end

(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 deleted text begin 3 deleted text end new text begin 4 new text end ; 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 deleted text begin 3 deleted text end new text begin 4 new text end ;

(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 CECT 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 CECT 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 deleted text begin 3 deleted text end new text begin 4 new text end ;

(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 deleted text begin 3 deleted text end new text begin 4 new text end ; 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.

Sec. 4.

new text begin HOMESTEAD-LENDER MEDIATION ACT ACCOUNT.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The Homestead-Lender Mediation Act account is
established as a special revenue account in the general fund.
new text end

new text begin Subd. 2. new text end

new text begin Generally. new text end

new text begin The Homestead-Lender Mediation Act account is created in the
state treasury and shall be administered by the attorney general for the purposes described
in this section. Any interest or profit accruing from investment of money in the fund shall
be credited to the Homestead-Lender Mediation Act account.
new text end

new text begin Subd. 3. new text end

new text begin Expenditures. new text end

new text begin (a) Money in the Homestead-Lender Mediation Act
account may only be used:
new text end

new text begin (1) to pay for the compensation of mediators appointed by the attorney general under
the Homestead-Lender Mediation Act, Minnesota Statutes, section 583.42, subdivision 3;
new text end

new text begin (2) by the attorney general for reasonable reimbursement for staff and other
administrative costs associated with the Homestead-Lender Mediation Act; and
new text end

new text begin (3) by the attorney general for reimbursement of any funds deposited by the attorney
general into the Homestead-Lender Mediation Act account in advance of sufficient
deposits from revenue sources designated under subdivision 4.
new text end

new text begin (b) Money in the Homestead-Lender Mediation Act account is appropriated to the
attorney general to make payments as provided in this subdivision.
new text end

new text begin Subd. 4. new text end

new text begin Revenue sources. new text end

new text begin Revenue from the proceeds of fees payable to the
Homestead-Lender Mediation Act account as imposed by Minnesota Statutes, sections
357.18, 508.82, and 508A.82, must be deposited in the state treasury and credited to the
Homestead-Lender Mediation Act account.
new text end

new text begin Subd. 5. new text end

new text begin Appropriation and reimbursement. new text end

new text begin (a) The amount of fees imposed
under subdivision 4 is appropriated from the general fund to the Homestead-Lender
Mediation Act account.
new text end

new text begin (b) Upon expiration of the Homestead-Lender Mediation Act, as specified in
Minnesota Statutes, section 583.50, any unused funds left in the Homestead-Lender
Mediation Act account shall be transferred to the general fund.
new text end

new text begin (c) Services provided under the Homestead-Lender Mediation Act are on a
first-come, first-served basis to the extent of available funds in the Homestead-Lender
Mediation Act account.
new text end

Sec. 5. new text begin EFFECTIVE DATE.
new text end

new text begin This article is effective 30 days following final enactment.
new text end