SF 340

3rd Engrossment - 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; modifying the right of
reinstatement and other provisions relating to mortgage foreclosures; amending
Minnesota Statutes 2008, sections 357.18, subdivision 1; 508.82, subdivision 1;
508A.82, subdivision 1; 580.021; 580.022, subdivision 1; 580.041, subdivision
2; 580.12; 580.225; 580.23, by adding a subdivision; 580.26; 580.27; 580.30,
subdivision 1; 582.03, subdivision 1; 582.30, subdivision 2; 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

Section 1.

Minnesota Statutes 2008, section 580.021, 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 under
this chapter new text begin or chapter 581 new text end on property consisting of one to four family dwelling units, one
of which the owner occupies as the owner's principal place of residency on the date of
service of the notice of sale of the owner.

Subd. 2.

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

When the written notice required under section 47.20, subdivision 8, is
provided and before the notice of pendency under section 580.032, subdivision 3, is filed,
a party foreclosing on 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) notice that the party will transmit the homeowner's name, address, and telephone
number to an approved foreclosure prevention agency new text begin and the Office of the Attorney
General; and
new text end

new text begin (3) notice that 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 a mediator approved by the attorney general new text end .

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

Nothing in this subdivision prohibits the notices required by this subdivision
from being provided concurrently with the written notice required under section 47.20,
subdivision 8.

For the purposes of this section, an "authorized foreclosure prevention counseling
agency" new text begin or "counseling agency" new text end is a new text begin government agency or a new text end nonprofit agency deleted text begin approved deleted text end
new text begin funded, all or in part for foreclosure prevention services, new text end by the Minnesota Housing
Finance Agency or the United States Department of Housing and Urban Development new text begin , or
otherwise approved by the United States Department of Housing and Urban Development new text end
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 new text begin and the
Office of the Attorney General new text end 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 583.48.
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 583.46, subdivision 2, 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 attorney general within seven days of receipt of the
form. The counseling agency must forward the mortgagor's name to the attorney general
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
THE ATTORNEY GENERAL AT [phone] OR 1-800-657-3787, OR ONLINE AT
WWW.AG.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 583.49, the period of time for redemption
as provided under subdivision 1 is five months instead of six months.
new text end

new text begin (b) 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 583.48.
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 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. 4. 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 Creditors. new text end

new text begin (a) Sections 583.40 to 583.48 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 583.48 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 Debtors. new text end

new text begin Sections 583.40 to 583.48 apply to a debtor 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 debtor did not receive the required preforeclosure prevention counseling and
mediation notice. Sections 583.40 to 583.48 do not apply to a debtor 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

Sec. 7.

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

new text begin Subdivision 1. new text end

new text begin Mediation request. new text end

new text begin (a) A debtor who wishes to participate in
mediation must send a mediation request affidavit in the form prescribed in section 583.46,
subdivision 2, to the attorney general within seven days after receiving the mediation
request affidavit from the counseling agency under section 580.021, subdivision 5. The
debtor must disclose all known creditors with debts secured by the property. A debtor
who fails to send a timely mediation request waives the right to mediation under sections
583.40 to 583.48 for that specific mortgage foreclosure. Upon receipt of a mediation
request affidavit, the attorney general 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 583.48.
new text end

new text begin (b) If a debtor 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 debtor's property, the debtor may send the mediation
request affidavit to the attorney general at any time before the sheriff's sale. The mediation
request affidavit must indicate that the debtor has not received the required notice.
new text end

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

new text begin (d) The debtor shall only be entitled to a single mediation proceeding for that specific
mortgage foreclosure. In the event a mortgage is modified through the mediation process
contained in sections 583.40 to 583.48, that mortgage shall not be eligible for mediation if
the modified mortgage becomes the subject of subsequent foreclosure proceeding.
new text end

new text begin Subd. 2. 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 must 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 creditors with a lien on the property 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 583.48;
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 583.48 do not prohibit the creditor 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 creditor must not publish the
initial notice, except as otherwise allowed under sections 583.40 to 583.48; and
new text end

new text begin (6) by the initial mediation meeting, the creditor must provide the debtor with a copy
of the mortgage and note, a statement of interest rates on the debt, delinquent payments,
unpaid principal and interest balances, the creditor's estimate of value of the property, and
a general description of the debt restructuring programs available from the creditor.
new text end

new text begin (c) An initial mediation meeting must be held within 20 days of the mediation
proceeding notice. The initial mediation meeting may be held by telephone or video
conference. At the discretion of the mediator, mediation meetings may be held by
interactive telephonic or other electronic means by which the mediator and all parties
can hear each other and participate in all discussions during the meeting. The mediator
shall reserve the right to require the parties, or their representatives, to appear in person
for the mediation.
new text end

new text begin (d) In lieu of the attorney general assigning a mediator, the debtor and creditor 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 583.48.
new text end

new text begin Subd. 3. new text end

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

new text begin (a) Sections 583.40 to 583.48
do not prevent a creditor 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 creditor must not publish the initial notice, except as otherwise allowed under
sections 583.40 to 583.48.
new text end

new text begin (b) Notwithstanding paragraph (a), a creditor 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 creditor receives a mediator's affidavit of the debtor's lack of good faith
under section 583.43;
new text end

new text begin (2) ten days have expired since the debtor and creditor signed an unrevoked
agreement under subdivision 7 allowing the creditor to commence mortgage foreclosure
proceedings against the property; or
new text end

new text begin (3) the creditor receives a termination statement under subdivision 8.
new text end

new text begin (c) A creditor receiving a mediation proceeding notice must provide the debtor
by the initial mediation meeting with a copy of the mortgage and note, a statement of
interest rates on the debt, delinquent payments, unpaid principal and interest balances,
the creditor's estimate of the value of the property, and a general description of the debt
restructuring programs available from the creditor.
new text end

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

new text begin Subd. 4. new text end

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

new text begin (a) The attorney general may appoint
and arrange for the compensation of mediators who are qualified persons experienced
in finance or negotiation. To the extent practicable, the attorney general shall appoint
mediators who agree to provide mediation services on a voluntary basis or for a reduced
fee.
new text end

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

new text begin (1) attempt to mediate between the debtor and the creditors;
new text end

new text begin (2) advise the debtor and creditors 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 debtor and creditor in attempting to arrive at an
agreement for the future conduct of financial relations between them.
new text end

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

new text begin Subd. 5. new text end

new text begin Mediator liability and immunity. new text end

new text begin A mediator and the attorney general
and their employees are immune from civil liability for actions within the scope of their
positions under this chapter. A mediator and the attorney general and their employees do
not have a duty to advise a creditor or debtor about the law or to encourage or assist a
debtor or creditor 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. 6. 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 debtor sends a mediation request
to the attorney general.
new text end

new text begin Subd. 7. 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 must 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 property.
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 property that is subject to mediation before the proceeding is otherwise
allowed under subdivision 3, provided that the debtor or creditor may rescind the
agreement within five business days after that debtor and creditor both sign the agreement.
new text end

new text begin Subd. 8. 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 and the attorney general 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 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.
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

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 (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 583.42, subdivision 3, 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 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 creditor. Nothing in sections 583.40 to 583.49 shall require a creditor 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 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. new text end

new text begin If the mediator finds that the creditor has not
participated in the mediation in good faith, and the creditor continues with the foreclosure
proceeding, then the debtor shall be allowed a six-month redemption period.
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 If the mediator finds that the debtor has not
participated in the mediation in good faith, and the creditor continues with the foreclosure
proceeding, then the debtor shall execute a deed in lieu of foreclosure no later than 90
days after the filing of the mediator's affidavit containing the finding of bad faith.
new text end

Sec. 9.

new text begin [583.44] 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 must 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
must call mediation meetings during the ten-day period following receipt of the objection.
new text end

Sec. 10.

new text begin [583.45] DATA PRACTICES.
new text end

new text begin Data regarding the finances of individual debtors and creditors created, collected,
and maintained by the attorney general or mediators under sections 583.40 to 583.48 are
private data on individuals or nonpublic data as defined in section 13.02, subdivision 9
or 12.
new text end

Sec. 11.

new text begin [583.46] 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 must set the compensation
of mediators.
new text end

new text begin Subd. 2. new text end

new text begin 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-Lender Mediation Act Applicability.
new text end

new text begin State of Minnesota new text end new text begin _ 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 ) 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 _ new text end .
_
new text begin Notary Public, new text end new text begin _ new text end new text begin County new text end new text begin _ new text end
new text begin My Commission expires: new text end new text begin _ new text end

Sec. 12.

new text begin [583.47] ENFORCEMENT.
new text end

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

Sec. 13.

new text begin [583.48] INCONSISTENT LAWS.
new text end

new text begin Sections 583.40 to 583.47 have precedence over any inconsistent or conflicting laws,
including chapters 580 and 581.
new text end

Sec. 14.

new text begin [583.49] EXPIRATION.
new text end

new text begin Sections 583.40 to 583.48 expire July 1, 2012.
new text end

Sec. 15. new text begin EFFECTIVE DATE.
new text end

new text begin This article is effective July 1, 2009, and applies to foreclosures commenced on or
after that date.
new text end

ARTICLE 2

MISCELLANEOUS

Section 1.

Minnesota Statutes 2008, section 580.041, subdivision 2, is amended to read:

Subd. 2.

Content of notice.

The notice required by this section must appear
substantially as follows:

"Help For Homeowners in Foreclosure

	The attorney preparing this foreclosure is: new text begin _ new text end
		(Attorney name, address, phone)
	It is being prepared for:
	new text begin _ new text end
	(Lender name, loss mitigation phone number)

AS OF [insert date], this lender says that you owe $[insert dollar amount] to bring
your mortgage up to date. You must pay this amount to keep your house from going
through a sheriff's sale. The sheriff's sale is scheduled for [insert date] at [insert
time] at [insert place].

Mortgage foreclosure is a complex process. People may contact you with advice and
offers to help "save" your home.

Remember: It is important that you learn as much as you can about foreclosure and
your situation. Find out about all your options before you make any agreements with
anyone about the foreclosure of your home.

Getting Help

As soon as possible, you should contact your lender at the above number to talk
about things you might be able to do to prevent foreclosure. You should also
consider contacting the foreclosure prevention counselor in your area. A foreclosure
prevention counselor can answer your questions, offer free advice, and help you
create a plan which makes sense for your situation.

Contact the Minnesota Home Ownership Center at 651-659-9336 or 866-462-6466
or www.hocmn.org to get the phone number and location of the nearest counseling
organization. Call today. The longer you wait, the fewer options you may have for
a desirable result.

Information About the Foreclosure Process

You do not need to move at the time of the sheriff's sale. After the sheriff's sale you
have the right to "redeem." Redeem means that you pay off the entire loan amount
plus fees to keep your house. You can keep living in your home for a period of time.
This is called a "redemption period." The redemption period is [insert number of
months] months after the sheriff's sale. This redemption period is your chance to
try and sell your home or refinance it with a different loan. You can also pay the
redemption amount with any other funds you have available. At the end of the
redemption period you will have to leave your home. If you do not, the person or
company that bid on your home at the sheriff's sale has the right to file an eviction
against you in district court.

new text begin Reinstatement: new text end new text begin AS OF [insert date], this lender says that you owe $[insert dollar
amount] to bring your mortgage up to date. You must pay this amount plus any regular
loan payments due between now and the sheriff's sale to keep your house from going
through a sheriff's sale. The sheriff's sale is scheduled for [insert date] at [insert time] at
[insert place]. After the sheriff's sale, you may choose to reinstate your mortgage at any
time before the redemption period of [insert applicable redemption period] ends, unless
you previously reinstated your mortgage. new text end "

Sec. 2.

Minnesota Statutes 2008, section 580.12, is amended to read:

580.12 CERTIFICATE OF SALE; RECORD; EFFECT.

new text begin (a) new text end When any sale of real property is made under a power of sale contained in any
mortgage, the officer shall make and deliver to the purchaser a certificate, executed in the
same manner as a conveyance, containing:

(1) a description of the mortgage;

(2) a description of the property sold;

(3) the price paid for each parcel sold;

(4) the time and place of the sale, and the name of the purchaser;

(5) the interest rate in effect on the date of the sheriff's sale; and

(6) the time allowed by law for redemption new text begin or, if applicable, reinstatement under
section 580.30, paragraph (b) new text end , provided that if the redemption period stated in the
certificate is five weeks and a longer redemption period was stated in the published notice
of foreclosure sale, a certified copy of the court order entered under section 582.032,
authorizing reduction of the redemption period to five weeks, must be attached to the
certificate.

new text begin (b) A certificate of sale must not be recorded until after expiration of the redemption
and reinstatement period and the sale is not final until the mortgagor's rights of redemption
and reinstatement have expired and the certificate of sale has been recorded.
new text end

new text begin (c) new text end A certificate which states a five-week redemption period must be recorded within
ten days after deleted text begin the sale deleted text end new text begin issuance new text end ; any other certificate must be recorded within 20 days
after deleted text begin the sale deleted text end new text begin issuance new text end . When so recorded, upon expiration of the time for redemption new text begin
or reinstatement under section 580.30, paragraph (b) new text end , the certificate shall operate as a
conveyance to the purchaser or the purchaser's assignee of all the right, title, and interest of
the mortgagor in and to the premises named therein at the date of such mortgage, without
any other conveyance. A certificate must not contain a time allowed for redemption that is
less than the time specified by section 580.23, 582.032, or 582.32, whichever applies.

Sec. 3.

Minnesota Statutes 2008, section 580.225, is amended to read:

580.225 SATISFACTION OF JUDGMENT.

The amount received from foreclosure sale under this chapter is full satisfaction of
the mortgage debt, deleted text begin except deleted text end new text begin unless the mortgage is reinstated new text end as provided in section 582.30.

Sec. 4.

Minnesota Statutes 2008, section 580.26, is amended to read:

580.26 CERTIFICATE OF REDEMPTION new text begin OR REINSTATEMENT new text end ;
RECORD.

The person or officer from whom deleted text begin such deleted text end new text begin a new text end redemption new text begin or reinstatement under section
580.30, paragraph (b), new text end is made shall make and deliver to the person redeeming new text begin or
reinstating new text end a certificate executed and acknowledged in the same manner as a conveyance,
containing:

(1) the name of the person redeeming new text begin or reinstating new text end , and the amount paid by the
person on deleted text begin such deleted text end new text begin the new text end redemption new text begin or reinstatement new text end ;

(2) a description of the sale for which deleted text begin such deleted text end new text begin the new text end redemption new text begin or reinstatement new text end is made,
and of the property redeemed new text begin or reinstated new text end ;

(3) a statement of the claim upon which deleted text begin such deleted text end new text begin the new text end redemption new text begin or reinstatement new text end is
made and, if upon a lien, the amount claimed to be due thereon at the date of redemption.

If redemption new text begin or reinstatement new text end is made by the owner of the property sold, the owner's
heirs, personal representatives, or assigns, deleted text begin such deleted text end new text begin the new text end certificate shall be recorded within
four days after the expiration of the year allowed the owner for redemption and, if made
by a creditor holding a lien, the certificate shall be recorded within four days after deleted text begin such deleted text end
new text begin a new text end redemption. Unless so recorded, the certificate shall be void as against any person in
good faith redeeming from the same person or lien.

Sec. 5.

Minnesota Statutes 2008, section 580.27, is amended to read:

580.27 EFFECT OF REDEMPTION new text begin OR REINSTATEMENT AFTER SALE new text end .

new text begin Subdivision 1. new text end

new text begin Sale annulled. new text end

If redemption is made by the owner of the property
sold, the owner's heirs, personal representatives or assigns new text begin , or if a reinstatement is made
by the owner under section 580.30, paragraph (b) new text end , deleted text begin such deleted text end new text begin the new text end redemption new text begin or reinstatement new text end
annuls the sale; if by a creditor holding a lien on the property, or some part thereof, the
certificate of redemption, executed, acknowledged, and recorded as provided in section
580.26, operates as an assignment to the creditor of the right acquired under such sale,
subject to such right of any other person to redeem as provided by law.

new text begin Subd. 2. new text end

new text begin Reinstatement after sale; status of mortgage. new text end

new text begin The mortgage note is not
extinguished or discharged until the mortgagor's rights of redemption and reinstatement
have expired and the certificate of sale has been recorded. The mortgage retains the
priority it had at the time of the sale with respect to other liens and encumbrances on the
property, whether created or perfected before or after the sale.
new text end

Sec. 6.

Minnesota Statutes 2008, section 580.30, subdivision 1, is amended to read:

Subdivision 1.

Reinstatement.

new text begin (a) Subject to paragraph (b), new text end in any proceedings for
the foreclosure of a real estate mortgage, whether by action or by advertisement, if at any
time before the sale of the premises under such foreclosure the mortgagor, the owner, or
any holder of any subsequent encumbrance or lien, or any one for them, shall pay or
cause to be paid to the holder of the mortgage so being foreclosed, or to the attorney
foreclosing the same, or to the sheriff of the county, the amount actually due thereon
and constituting the default actually existing in the conditions of the mortgage at the
time of deleted text begin the commencement of the foreclosure proceedings, including deleted text end new text begin payment, then the
mortgage must be fully reinstated and further proceedings in the foreclosure must be
abandoned. new text end Insurance, delinquent taxes, if any, upon the premises, new text begin any taxes paid by
the foreclosing party during the reinstatement period, new text end interest to date of payment, cost
of publication and services of process or notices, attorney's fees not exceeding $150 or
one-half of the attorney's fees authorized by section 582.01, whichever is greater, together
with other lawful disbursements necessarily incurred in connection with the proceedings
by the party foreclosing deleted text begin , then, and in that event, the mortgage shall be fully reinstated
and further proceedings in such foreclosure shall be thereupon abandoned. deleted text end new text begin are due and
payable at the time the mortgage is satisfied or, if a foreclosure sale is held, at the time
redemption is made. new text end

new text begin (b) This paragraph applies to the foreclosure of a mortgage under this chapter on
property consisting of one to four family dwelling units, one of which the owner occupies
as the owner's principal place of residency on the date of service of the notice of sale on
the owner. The mortgage may be reinstated by the owner at any time before or after the
sale of the property until expiration of the applicable redemption period under section
580.23, provided that the party seeking reinstatement pays the applicable costs required
for reinstatement under paragraph (a) and additional allowable costs described in section
582.03 that would be required for a redemption of the property.
new text end

new text begin (c) Paragraph (b) does not apply if the mortgage being foreclosed previously has
been reinstated under this section.
new text end

Sec. 7.

Minnesota Statutes 2008, section 582.03, subdivision 1, is amended to read:

Subdivision 1.

Allowable costs collectable upon redemption.

The holder of any
sheriff's certificate of sale, from a foreclosure by advertisement or action of a mortgage or
lien or execution, or the holder of any certificate of redemption as a junior creditor during
the period of redemption, deleted text begin may deleted text end new text begin shall new text end pay and claim the following on redemption: any
taxes or assessments on which any penalty would otherwise accrue, and any costs of a
hazard insurance policy for the holder's interest in the mortgaged premises incurred for
the period of holding the sheriff's certificate, any costs incurred when an order to reduce
a mortgagor's redemption period under section 582.032 is entered, any fees paid to the
county recorder, registrar of titles, or sheriff to obtain or record the certificates of sale or
redemption or notices of intention to redeem, any reasonable fees paid to licensed real
estate brokers for broker price opinions or to licensed appraisers for appraisals, any deed
tax paid to file a certificate of redemption, reasonable attorney fees incurred after the
foreclosure sale not to exceed one-half of the amount authorized by section 582.01, any
costs incurred under section 582.031, and any interest or installment of principal upon
any prior or superior mortgage, lien, or contract for deed in default or that becomes due
during the period of redemption. In all such cases, the costs so paid and claimed due, with
interest, shall be a part of the sum required to be paid to redeem from such sale. No other
costs, fees, interest, or other amount may be added to the amount necessary to redeem.

Sec. 8.

new text begin [582.21] TAXES TO BE PAID IN FULL.
new text end

new text begin No party may foreclose on any mortgage of real estate, whether by action or
by advertisement, unless the party bringing the foreclosure proceedings has paid any
outstanding taxes or assessments upon the mortgaged premises.
new text end

Sec. 9. new text begin EFFECTIVE DATE.
new text end

new text begin This article is effective the day following final enactment and applies to foreclosure
proceedings commenced on or after that date.
new text end

ARTICLE 3

FEES AND APPROPRIATIONS

Section 1.

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

Subdivision 1.

County recorder fees.

new text begin (a) new text end The fees to be charged by the county
recorder shall be and not exceed the following:

(1) new text begin subject to paragraph (b), new text end 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;

(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 3, 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.

new text begin (b) During the period from the effective date of sections 583.40 to 583.49 through
December 31, 2012, the fee under paragraph (a), clause (1), for recording a notice of
pendency of a foreclosure by advertisement under section 580.032 or a notice of lis
pendens for a foreclosure by action under section 557.02 is increased by $125; this amount
is to be paid to the state treasury and credited to the Homestead-Lender Mediation Act
account in the special revenue fund.
new text end

Sec. 2.

Minnesota Statutes 2008, section 508.82, subdivision 1, is amended to read:

Subdivision 1.

Standard documents.

new text begin (a) new text end 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 3; and

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

(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 3; and

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

(4) new text begin subject to paragraph (b), new text end 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 3;

(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;

(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 3; 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 3;

(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 3;

(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 3; 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 3; 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.

new text begin (b) During the period from the effective date of sections 583.40 to 583.49 through
December 31, 2012, the fee under paragraph (a), clause (4), for entry of a memorial of a
notice of pendency of a foreclosure by advertisement under section 580.032 or a notice of
lis pendens for a foreclosure by action under section 557.02 is increased by $125; this
amount is to be paid to the state treasury and credited to the Homestead-Lender Mediation
Act account in the special revenue fund.
new text end

Sec. 3.

Minnesota Statutes 2008, section 508A.82, subdivision 1, is amended to read:

Subdivision 1.

Standard documents.

new text begin (a) new text end 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 3; and

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

(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 3; and

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

(4) for issuance of a CECT pursuant to section 508A.351, $40;

(5) new text begin subject to paragraph (b), new text end 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 3;

(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;

(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 3; 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 3;

(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 3;

(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 3; 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.

new text begin (b) During the period from the effective date of sections 583.40 to 583.49 through
December 31, 2012, the fee under paragraph (a), clause (5), for entry of a memorial of a
notice of pendency of a foreclosure by advertisement under section 580.032 or a notice of
lis pendens for a foreclosure by action under section 557.02 is increased by $125; this
amount is to be paid to the state treasury and credited to the Homestead-Lender Mediation
Act account in the special revenue fund.
new text end

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 in the state treasury.
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 shall be
administered by the Minnesota Housing Finance Authority for the purposes described in
this section. Any interest or profit accruing from investment of money in the account 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) for reasonable reimbursement for staff and other administrative costs incurred by
the attorney general associated with the Homestead-Lender Mediation Act; and
new text end

new text begin (3) for reimbursement of any funds deposited into the Homestead-Lender Mediation
Act account in advance of sufficient revenue to the account.
new text end

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

new text begin Subd. 4. new text end

new text begin Appropriation and reimbursement. new text end

new text begin (a) 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 (b) 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 July 1, 2009.
new text end