Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                         CHAPTER 99--H.F.No. 741
           An act relating to real estate; regulating the duties 
          of a county recorder; amending Minnesota Statutes 
          1982, sections 386.31; 386.36; 580.24; 580.25; 582.03; 
          582.04; repealing Minnesota Statutes 1982, section 
          357.181.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 386.31, is 
amended to read:  
    386.31 [CONSECUTIVE NUMBERING.] 
    Each county recorder shall endorse plainly upon the top of 
the back, when folded, of each instrument received by him for 
record or filing as soon as received a number consecutive to the 
number affixed to the instrument next previously received and 
enter such number as a part of the entry relating to such 
instrument in all the indexes kept in his office and on the 
margin of the record of the instrument, and such number shall be 
prima facie evidence of priority of registration.  If more than 
one instrument shall be received at the same time, by mail or 
other like enclosure, the recorder shall affix such number in 
the order directed by the sender; if no direction be given, then 
in the order in which the instruments actually come to his hand 
in opening the enclosures.  His fee for such numbering and entry 
shall be five cents.  
     Sec. 2.  Minnesota Statutes 1982, section 386.36, is 
amended to read:  
    386.36 [FARM NAMES RECORDED.] 
    The owner of farm lands in the state may designate a 
specific name of his farm lands and this name, together with a 
description of the farm lands according to the government survey 
thereof, may be filed with the county recorder of the county 
wherein the lands, or a part thereof, are situated, and this 
name, together with the description of the lands, shall be 
recorded by the county recorder in a book to be provided for 
such purpose, upon payment of a fee of 50 cents therefor as 
prescribed in section 357.18, but no two names so designated and 
recorded shall be alike in the same county. 
    Sec. 3.  Minnesota Statutes 1982, section 580.24, is 
amended to read: 
    580.24 [REDEMPTION BY CREDITOR.] 
    If no such redemption be made by the mortgagor, his 
personal representatives or assigns, the senior creditor having 
a lien, legal or equitable, upon the mortgaged premises, or some 
part thereof, subsequent to the mortgage, may redeem within five 
days after the expiration of the redemption period specified in 
section 580.23; and each subsequent creditor having a lien in 
succession, according to priority of liens, within five days 
after the time allowed the prior lienholder, respectively, may 
redeem by paying the amount aforesaid and all liens prior to his 
own held by the person from whom redemption is made; provided 
that no creditor shall be entitled to redeem unless within the 
period allowed for redemption he file for record notice of his 
intention to redeem with the county recorder or registrar of 
titles of each county where the mortgage is recorded. 
    Sec. 4.  Minnesota Statutes 1982, section 580.25, is 
amended to read: 
    580.25 [REDEMPTION, HOW MADE.] 
    Redemption shall be made as follows. 
    The person desiring to redeem shall pay to the person 
holding the right acquired under such sale, or for him to the 
sheriff who made the sale, or his successor in office, the 
amount required by law for such redemption, and shall produce to 
such person or officer: 
    (1) A copy of the docket of the judgment, or of the deed or 
mortgage, or of the record or files evidencing any other lien 
under which he claims a right to redeem, certified by the 
officer in whose custody such docket, record, or files shall be, 
or the original deed or mortgage, with the certificate of record 
endorsed thereon; 
    (2) Any assignment necessary to establish his claim, 
verified by the affidavit of himself or a subscribing witness 
thereto, or some person acquainted with the signature of the 
assignor.  If the redemption is under an assignment of a 
judgment, the assignment shall be filed in the court rendering 
the judgment, as provided by law, and the person so redeeming 
shall produce a certified copy thereof and of the record of its 
filing, and the copy of the docket shall show that the proper 
entry was made upon the docket; 
    (3) An affidavit of himself or his agent, showing the 
amount then actually due on his lien. 
    Within 24 hours after such redemption is made, the person 
redeeming shall cause the documents so required to be produced 
to be filed with the county recorder, or registrar of titles, 
who shall endorse thereon the date and hour of filing, and shall 
preserve the same in his office for one year thereafter, for 
which service he shall be entitled to receive $1 fees as 
prescribed in section 357.18 or section 508.82.  If such 
redemption shall be made at any place other than the 
county-seat, it shall be sufficient forthwith to deposit such 
documents in the nearest post office, addressed to such recorder 
or registrar of titles, with the postage prepaid. 
     Sec. 5.  Minnesota Statutes 1982, section 582.03, is 
amended to read: 
    582.03 [PURCHASER AT FORECLOSURE, EXECUTION, OR JUDICIAL 
SALE MAY PAY TAXES, ASSESSMENTS, INSURANCE PREMIUMS, OR 
INTEREST.] 
    The purchaser at any sale, upon foreclosure of mortgage or 
execution or at any judicial sale during the year of redemption, 
may pay any taxes or assessments on which any penalty would 
otherwise accrue, and may pay the premium upon any policy of 
insurance procured in renewal of any expiring policy upon 
mortgaged premises, and may, in case any interest or instalment 
of principal upon any prior or superior mortgage is in default 
or shall become due during such year of redemption, pay the 
same, and, in all such cases, the sum so paid, with interest, 
shall be a part of the sum required to be paid to redeem from 
such sale.  Such payments shall be proved by the affidavit of 
the purchaser, his agent or attorney, stating the items and 
describing the premises, which must be filed for record with the 
county recorder or registrar of titles, and a copy thereof shall 
be furnished to the sheriff at least ten days before the 
expiration of the year of redemption. 
    Sec. 6.  Minnesota Statutes 1982, section 582.04, is 
amended to read: 
    582.04 [HOMESTEAD INCLUDED IN MORTGAGE; SEPARATE SALE.] 
    In all proceedings to foreclose any mortgage upon real 
property in this state, if the whole or any part of the 
homestead of the mortgagor, or of any one claiming under him, as 
such homestead is defined by the laws of this state, shall be 
included in the real estate described in such mortgage, the 
person claiming such homestead may, at any time prior to the 
foreclosure sale, serve or cause to be served upon the sheriff 
making such sale a notice of such claim which shall designate 
and describe with reasonable certainty the real estate so 
claimed and selected as such homestead, which selection shall 
include the site of the dwelling and its appurtenances, shall be 
compact in form and shall be so made as not unreasonably to 
affect the value of the remaining part, which notice, together 
with the proof of service thereof, shall be filed for record and 
recorded in the office of the county recorder or registrar of 
titles.  Upon the service and filing of such notice it shall be 
the duty of the sheriff, at the time of the sale, to first offer 
for sale and sell that part of the mortgaged real estate, or so 
much thereof as is necessary, which is not included in such 
selected homestead, and thereupon, if the proper purposes of the 
foreclosure require, he shall offer for sale and shall sell 
separately that part of the mortgaged real estate included in 
the selected homestead; provided, that if such homestead 
claimant shall have, prior to such foreclosure, made a property 
homestead selection from his real estate, he shall be bound 
thereby, and cannot change the same for the purposes of such 
foreclosure. 
    Sec. 7.  [REPEALER.] 
    Minnesota Statutes 1982, section 357.181, is repealed.  
    Sec. 8.  [EFFECTIVE DATE.] 
    This act is effective on the day following final enactment. 
    Approved May 9, 1983