SF 3408

as introduced - 90th Legislature (2017 - 2018) Posted on 03/16/2018 08:31am

A bill for an act
relating to real property; modifying requirements for an action based on mortgage
foreclosure dual tracking; amending Minnesota Statutes 2016, section 582.043,
subdivision 7.

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

Section 1.

Minnesota Statutes 2016, section 582.043, subdivision 7, is amended to read:

Subd. 7.

Relief.

(a) A mortgagor has a cause of action, based on a violation of this
section, to enjoin or set aside a sale. A mortgagor who prevails in an action to set aside or
enjoin a sale, or who successfully defends a foreclosure by action based on a violation of
this section, is entitled to reasonable attorney fees and costs.

(b) A lis pendens must be recorded prior to the expiration of the mortgagor's applicable
redemption period under section 580.23 or 582.032 for an action taken under paragraph (a).
deleted text begin The failure to record the lis pendens creates a conclusive presumption that the servicer has
complied with this section. deleted text end new text begin Upon motion made after the expiration of the applicable
redemption period, the court may extend the time to record a lis pendens if the failure to do
so was the result of excusable neglect.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective the day following
final enactment and applies to actions pending on or commenced on or after that date.
new text end