Minnesota Session Laws - 1992, Regular Session

  

                         Laws of Minnesota 1992 

                        CHAPTER 463-S.F.No. 1856 
           An act relating to real property; abolishing issuance 
          of duplicate certificates of title and duplicate CPTs 
          for use by lessees and mortgagees of registered land; 
          providing for mortgage satisfaction or release by 
          fewer than all mortgagees; regulating various notice, 
          hearing, and other procedures and requirements for 
          foreclosures and other involuntary transfers of real 
          property; providing for new certificates of title or 
          CPT to be issued for registered land adjoining a 
          vacated street or alley; providing that purchase money 
          mortgages are subject to rights or interest of 
          nonmortgaging spouse; providing that marital property 
          interest of nontitled spouse is not subject to levy, 
          judgments, or tax liens; clarifying provisions 
          relating to notice of termination of contract for 
          deed; changing certain dates relating to validation of 
          mortgage foreclosures; amending Minnesota Statutes 
          1990, sections 507.03; 508.44, subdivision 2; 508.45; 
          508.55; 508.56; 508.57; 508.58; 508.59; 508.67; 
          508.71, subdivision 6; 508.73; 508.835; 508A.11, 
          subdivision 3; 508A.44, subdivision 2; 508A.45; 
          508A.55; 508A.56; 508A.57; 508A.58; 508A.59; 508A.71, 
          subdivision 6; 508A.73; 508A.835; 508A.85, subdivision 
          3; 514.08, subdivision 2; 518.54, subdivision 5; 
          559.21, subdivisions 2a and 3; 580.15; 582.01, by 
          adding a subdivision; and 582.27; Minnesota Statutes 
          1991 Supplement, sections 508.82; and 508A.82; 
          proposing coding for new law in Minnesota Statutes, 
          chapters 507; and 580. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 507.03, is 
amended to read: 
    507.03 [PURCHASE-MONEY MORTGAGE; NONJOINDER OF SPOUSE.] 
    When a spouse married individual purchases land real 
property during coverture marriage and mortgages the estate in 
such land real property to secure the payment of the purchase 
price or any portion thereof of it, the surviving other spouse 
shall not be entitled to any inchoate or, contingent, or marital 
property right or interest in such land the real property as 
against the mortgagee or those claiming under the mortgagee 
although such survivor even though the other spouse did not join 
in such the mortgage.  A statement in the mortgage to the effect 
that the mortgage is a purchase money mortgage constitutes prima 
facie evidence of that fact. 
    Sec. 2.  [507.412] [MORTGAGE SATISFACTION OR RELEASE BY 
FEWER THAN ALL MORTGAGEES.] 
    A real estate mortgage securing an undivided debt owned by 
more than one mortgagee or assignee, including joint tenants, 
may be satisfied or released by an instrument executed by any 
one of the mortgagees or assigns unless the mortgage 
specifically states otherwise.  The debt is presumed to be 
undivided unless the mortgage specifically states otherwise.  
This section does not affect the rights or liabilities of the 
holders of the debt secured by the mortgage as among 
themselves.  Unless the mortgage specifically states otherwise, 
this section does not permit fewer than all of the holders of a 
mortgage to assign, amend, extend, or foreclose the mortgage, or 
to discharge the secured debt, as distinguished from satisfying 
or releasing the mortgage. 
     Sec. 3.  Minnesota Statutes 1990, section 508.44, 
subdivision 2, is amended to read: 
    Subd. 2.  [ALTERNATE PROCEEDING.] In lieu of the court 
directive to the registrar to issue a new duplicate certificate 
under subdivision 1, the registrar of titles shall issue such a 
duplicate certificate when directed to do so by the examiner of 
titles.  The directive of the examiner shall be in writing after 
posting a notice addressed "TO WHOM IT MAY CONCERN" fixing a 
time when the examiner shall direct the issuance of a new 
duplicate certificate of title unless valid objections thereto 
are delivered to the examiner's office prior to the specified 
time.  The notice shall be posted on a bulletin board provided 
for the posting of legal notices at the courthouse at least 
seven days prior to the date fixed for the issuance of the 
directive.  No such directive shall be issued by the examiner 
unless all persons in interest have signed and verified a 
statement setting forth the facts relating to the reasons why 
the duplicate certificate cannot be produced, the statement is 
memorialized upon the certificate of title and there is 
satisfactory evidence as to the identity of the signers and the 
facts relating to the loss or destruction of the duplicate 
certificate of title.  Persons in interest in the case of an 
owner's duplicate certificate are the registered owners or their 
probate representatives, and in the case of the mortgagee's or 
lessee's duplicate certificate the persons in interest are the 
registered owners of the mortgage or lease, as the case may be, 
or their probate representative. 
    Sec. 4.  Minnesota Statutes 1990, section 508.45, is 
amended to read: 
    508.45 [COURT MAY ORDER DUPLICATE CERTIFICATE PRODUCED.] 
    If the registrar of titles is requested to enter a new 
certificate in pursuance of an instrument which purports to be 
executed by the registered owner, or by reason of any instrument 
or proceeding which divests the title of the registered owner 
against the registered owner's consent, and the outstanding 
owner's duplicate certificate is not presented for cancellation 
when such request is made, the registrar of titles shall not 
enter a new certificate, until authorized so to do by order of 
the district court.  The person who claims to be entitled 
thereto may make application therefor to the district court, and 
after due notice and hearing, the court may order the registered 
owner, or any person withholding the duplicate certificate, to 
surrender it, and direct the entry of a new certificate upon 
such surrender.  If the person withholding the duplicate 
certificate is not amenable to the process of the court, or if 
for any reason the outstanding owner's duplicate certificate 
cannot be delivered up, the court may by decree annul it, and 
order a new certificate of title to be entered.  If an 
outstanding mortgagee's or lessee's duplicate certificate is not 
produced and surrendered when the mortgage or lease is 
discharged, assigned, or extinguished, the same proceedings may 
be had to obtain registration as in the case of the 
nonproduction of an owner's duplicate.  
    Sec. 5.  Minnesota Statutes 1990, section 508.55, is 
amended to read: 
    508.55 [REGISTRATION OF MORTGAGE; MEMORIAL ENTERED ON 
CERTIFICATE.] 
    The registration of a mortgage shall be made in the 
following manner:  The owner's duplicate certificate shall be 
presented to the registrar, together with the mortgage deed, or 
other instrument to be registered, and the registrar shall enter 
upon the original certificate of title and also upon the owner's 
duplicate certificate a memorial of the purport of the 
instrument registered, the exact time of filing, and its file 
number.  The registrar shall also note upon the registered 
instrument the time of filing and a reference to the volume and 
page where it is registered.  The registrar shall also, at the 
request of the mortgagee or assignee of the mortgagee, make and 
deliver to the mortgagee or assignee a duplicate certificate of 
title like the owner's duplicate certificate, except that the 
words "Mortgagee's Duplicate" shall be written or printed 
diagonally across its face in large letters.  A memorandum of 
the issuance of the mortgagee's duplicate shall be made upon the 
original certificate of title.  
    Sec. 6.  Minnesota Statutes 1990, section 508.56, is 
amended to read: 
    508.56 [ASSIGNMENT AND DISCHARGE OF MORTGAGE.] 
    When a mortgage, upon which a mortgagee's duplicate has 
been issued, is assigned, extended, or otherwise dealt with, the 
mortgagee's duplicate shall be presented to the registrar, 
together with the instrument dealing with the mortgage, and a 
memorial of the instrument, shall be made upon the mortgagee's 
duplicate and upon the original certificate of title.  When the 
mortgage is discharged or otherwise extinguished the mortgagee's 
duplicate shall be surrendered and stamped "Canceled."  In case 
only a part of the mortgage upon the land is intended to be 
released or discharged a memorial of such partial release shall 
be entered.  The production of the mortgagee's duplicate 
certificate shall be conclusive authority to register the 
instrument therewith presented. 
    Sec. 7.  Minnesota Statutes 1990, section 508.57, is 
amended to read: 
    508.57 [FORECLOSURE; NOTICE.] 
    Mortgages upon registered land may be foreclosed in the 
same manner as mortgages upon unregistered land.  Where the 
mortgage is upon registered land it shall be sufficient to 
authorize the foreclosure thereof by advertisement, if such 
mortgage and all assignments thereof shall have been registered, 
and a memorial thereof duly entered upon the certificate of 
title.  When a mortgage upon registered land is foreclosed by 
advertisement, the notice of foreclosure shall state the date of 
the mortgage, when and where registered, and the fact of 
registration.  All laws relating to the foreclosure of mortgages 
upon unregistered land shall apply to mortgages upon registered 
land, or any estate or interest therein, except as herein 
provided, and except that a notice of the pendency of any suit 
or proceeding to enforce or foreclose the mortgage or other 
charge upon the land shall be filed with the registrar, and a 
memorial thereof entered on the register at the time of or prior 
to the commencement of such action or proceeding before the 
first date of publication of the foreclosure notice but not 
sooner than six months before the first date of publication.  A 
notice so filed and registered shall be notice to the registrar 
and to all persons thereafter dealing with the land or any part 
thereof and shall satisfy the requirements of section 580.032, 
subdivision 3, with respect to registered land.  When a 
mortgagee's duplicate certificate has been issued it shall be 
presented to the registrar at the time of filing and a memorial 
thereof entered therein.  In all such foreclosures all 
certificates and affidavits permitted or required by law to be 
recorded with the county recorder shall be filed with and 
registered by the registrar. 
    Sec. 8.  Minnesota Statutes 1990, section 508.58, is 
amended to read: 
    508.58 [REGISTRATION AFTER FORECLOSURE; NEW CERTIFICATE.] 
    Subdivision 1.  [COURT ORDER.] Any person who has, by an 
action or other proceeding to enforce or foreclose a mortgage, 
lien, or other charge upon registered land, become the owner in 
fee of the land, or any part thereof, may have the title 
registered.  Except as provided in subdivision 2, the owner 
shall apply by duly verified petition to the court for a new 
certificate of title to such land, and the court shall 
thereupon, after due notice to all parties in interest and upon 
such hearing as the court may direct, make an order or decree 
for the issuance of a new certificate of title to the person 
entitled thereto, and the registrar shall thereupon enter a new 
certificate of title to the land, or of the part thereof to 
which the applicant petitioner is entitled, and issue an owner's 
duplicate as in the case of a voluntary conveyance.  
    Subd. 2.  [EXAMINER OF TITLES DIRECTIVE.] Any person who 
has become the owner in fee of registered land, or any part of 
the land, pursuant to a mortgage foreclosure by action under 
chapter 581 is entitled to a new certificate of title for the 
land described in the sheriff's certificate of sale or so much 
of the land as may be described in the certificate of title, 
after the redemption period expires.  The registrar shall enter 
the new certificate of title and issue a new owner's duplicate 
certificate only pursuant to the court order provided in 
subdivision 1 or upon the written directive of the examiner of 
titles as to the legal sufficiency of the mortgage foreclosure 
proceeding.  The directive of the examiner of titles also must 
specify the instruments the registrar shall omit from the new 
certificate of title by virtue of the foreclosure. 
     Sec. 9.  Minnesota Statutes 1990, section 508.59, is 
amended to read: 
    508.59 [REGISTRATION OF JUDGMENT OR FINAL DECREE.] 
    A judgment or decree affecting registered land shall be 
registered upon the presentation of a certified copy thereof to 
the registrar, who shall enter a memorial thereof upon the 
original certificate of title, and upon the owner's duplicate, 
and upon any outstanding mortgagee's or lessee's duplicate, if 
practicable so to do.  When the registered owner of such land is 
by such judgment or decree divested of an estate in fee therein, 
or of any part thereof, the prevailing party shall be entitled 
to a new certificate of title for the land, or so much thereof 
as may be described in the judgment and decree, and the 
registrar shall enter such new certificate of title and issue a 
new owner's duplicate certificate as in the case of a voluntary 
conveyance.  No such new certificate shall be entered except 
upon the written certification of the examiner of titles as to 
the legal sufficiency of the documents presented for filing for 
the purpose of issuance of a new certificate or upon the order 
of the district court directing the issuance thereof. 
    Sec. 10.  Minnesota Statutes 1990, section 508.67, is 
amended to read: 
    508.67 [ACQUIRING TITLE BY ACTION; NEW CERTIFICATE.] 
    Subdivision 1.  [COURT ORDER.] Upon the expiration of the 
time allowed by law for redemption of registered land, after it 
has been set off, or sold on execution, or taken or sold for the 
enforcement of any lien, or charge of any nature, the person who 
claims under such execution, or under any certificate, deed, or 
other instrument made in the course of proceedings to enforce 
such execution or lien, may apply to the court for an order 
directing the entry of a new certificate to that person, and 
upon such notice as the court may require, the petition shall be 
heard and a proper order or decree rendered therein.  In case 
the claim of title is based upon a tax certificate, tax or 
assessment deed, the petition or application shall be filed with 
the court administrator, who shall docket the same in the land 
registration docket, and a copy thereof, certified by the court 
administrator, shall, by the petitioner, be filed with the 
registrar who shall enter upon the register a memorial thereof, 
which shall have the force and effect of a lis pendens.  Such an 
application of the petitioner The petition shall be referred to 
the examiner of titles for examination and report in like manner 
as herein provided for the reference of initial applications for 
registration.  The summons shall be issued in the form and 
served in the manner as in initial applications.  Such an 
application The petition shall be heard by the court and the 
applicant petitioner shall be required to show affirmatively 
that all the requirements of the statute to entitle the 
applicant petitioner to register the title have been complied 
with.  The decree order shall show the condition of the title to 
such land and who is the owner thereof.  It shall provide, if 
the applicant petitioner is found to be the owner, for the 
cancellation of the outstanding certificate and the registrar 
shall issue a new certificate for the land in lieu and in place 
of the outstanding certificate upon presentation to the 
registrar of a duly certified copy of such decree order, 
according to its terms.  If the applicant is not adjudged to be 
the owner then the decree shall provide for the cancellation of 
the memorial of the registration of the certified copy of the 
application.  
    Subd. 2.  [EXAMINER OF TITLES DIRECTIVE.] Any person 
holding title to registered land pursuant to forfeiture 
evidenced by a county auditor's certificate of forfeiture, or 
auditor's certificate of sale or state assignment certificate 
that has been memorialized upon a certificate of title for at 
least ten years is entitled to a new certificate of title for 
the land, or so much of the land as may be described in the 
forfeiture documents.  The registrar shall enter the new 
certificate of title and issue a new owner's duplicate 
certificate only pursuant to court order or upon the written 
directive of the examiner of titles as to the legal sufficiency 
of the forfeiture.  The directive of the examiner of titles also 
must specify the instruments the registrar shall omit from the 
new certificate of title by virtue of the forfeiture. 
     Sec. 11.  Minnesota Statutes 1990, section 508.71, 
subdivision 6, is amended to read: 
    Subd. 6.  [RECORDED INSTRUMENTS.] When instruments 
affecting registered land have been recorded in the office of 
any county recorder in this state, a certified copy thereof may 
be filed for registration and registered with like effect as the 
original instrument without the order or directive.  The 
owner's, mortgagee's, or lessee's duplicate certificate of title 
shall be presented to the registrar, together with the certified 
copy, whenever the presentation is required by statute for 
registration of the original instrument. 
    Sec. 12.  Minnesota Statutes 1990, section 508.73, is 
amended to read: 
    508.73 [EMINENT DOMAIN; REVERSION; VACATION.] 
    Subdivision 1.  [REGISTRATION FILING; NEW CERTIFICATE; 
MEMORIALS; REVERSION.] If the land of a registered owner, or any 
right, title, interest, or estate therein is taken by eminent 
domain, the state or body politic, or other authority which 
exercises such right, shall file for registration a written 
certified copy of a final certificate or a certified copy of a 
court order transferring title pursuant to section 117.042 
together with an instrument containing a description of the land 
so taken, together with the name of each owner thereof, and 
referring to each certificate of title by its number and place 
of registration in the register of titles, and stating what 
estate or interest in the land is taken, and for what purpose.  
A memorial of the right, title, interest, or estate thus taken 
shall be made upon each certificate of title by the registrar, 
and if the fee is taken, a new certificate shall be entered in 
the name of the owner for the land remaining to the owner after 
such taking.  A new certificate may not be entered except by 
order of the district court or upon the written certification of 
the examiner of titles as to the legal sufficiency of the final 
certificate or court order pursuant to section 117.042 and other 
instruments presented for filing for the purpose of issuance of 
a new certificate.  If the owner has a lien for damages upon the 
land thus taken, this fact shall be stated in the memorial of 
registration.  All fees on account of any memorial of 
registration or entry of new certificates for land thus taken 
shall be paid by the state or body politic or other authority 
which takes the land.  If land which was taken for public use 
reverts, by operation of law, to the owner or to the owner's 
heirs or assigns, the district court, upon the application of 
the person entitled to the benefit of such reversion, and after 
due notice and hearing, may order the entry of a new certificate 
of title to the person entitled thereto.  
    Subd. 2.  [VACATION OF STREET OR ALLEY; LEGAL DESCRIPTION.] 
Upon the filing of a certified copy of a resolution or ordinance 
by a city vacating an adjoining street or alley that was 
dedicated to the public in a plat, a registered owner is 
entitled to have added to the legal description on the 
certificate of title that part of the vacated street or alley 
that accrues to it, provided the vacation occurred after the 
land was originally registered.  The vacated street or alley may 
be added to the certificate of title by order of the district 
court or by a written directive from the examiner of titles. 
    Sec. 13.  Minnesota Statutes 1991 Supplement, section 
508.82, is amended to read: 
    508.82 [REGISTRAR'S FEES.] 
    The fees to be paid to the registrar shall be as follows: 
    (1) of the fees provided herein, five percent of the fees 
collected under clauses (3), (4), (11) (10), (12), (13), 
(14), (15) (16), (17), and (18), and (19), for filing or 
memorializing shall be paid to the state treasurer and credited 
to the general fund; 
    (2) for registering each original certificate of title, and 
issuing a duplicate of it, $30; 
    (3) for registering each instrument transferring the fee 
simple title for which a new certificate of title is issued and 
for the issuance and registration of the new certificate of 
title, $30; 
    (4) for the entry of each memorial on a certificate and 
endorsements upon duplicate certificates, $15; 
    (5) for issuing each mortgagee's or lessee's duplicate, 
$10; 
    (6) for issuing each residue certificate, $20; 
    (7) (6) for exchange certificates, $10 for each certificate 
canceled and $10 for each new certificate issued; 
    (8) (7) for each certificate showing condition of the 
register, $10; 
    (9) (8) for any certified copy of any instrument or writing 
on file in the registrar's office, the same fees allowed by law 
to county recorders for like services; 
    (10) (9) for a noncertified copy of any instrument or 
writing on file 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) (10) for filing two copies of any plat in the office 
of the registrar, $30; 
    (12) (11) for any other service under this chapter, such 
fee as the court shall determine; 
    (13) (12) for issuing a duplicate certificate of title 
pursuant to the directive of the examiner of titles in counties 
in which the compensation of the examiner is paid in the same 
manner as the compensation of other county employees, $50, plus 
$10 to memorialize; 
    (14) (13) for issuing a duplicate certificate of title 
pursuant to the directive of the examiner of titles in counties 
in which the compensation of the examiner is not paid by the 
county or pursuant to an order of the court, $10; 
    (15) (14) for filing a condominium plat or an amendment to 
it in accordance with chapter 515, $30; 
    (16) (15) for a copy of a condominium plat filed pursuant 
to chapters 515 and 515A, the fee shall be $1 for each page of 
the condominium plat with a minimum fee of $10; 
    (17) (16) for filing a condominium declaration and plat or 
an amendment to it in accordance with chapter 515A, $10 for each 
certificate upon which the document is registered and $30 for 
the filing of the condominium plat or an amendment thereto; 
    (18) (17) for the filing of a certified copy of a plat of 
the survey pursuant to section 508.23 or 508.671, $10; 
    (19) (18) for filing a registered land survey in triplicate 
in accordance with section 508.47, subdivision 4, $30; 
    (20) (19) for furnishing a certified copy of a registered 
land survey in accordance with section 508.47, subdivision 4, 
$10. 
    Sec. 14.  Minnesota Statutes 1990, section 508.835, is 
amended to read: 
    508.835 [DISPOSAL OF CANCELED DUPLICATE CERTIFICATES AND 
RECEIPT CARDS.] 
    The registrar of titles is hereby authorized to destroy 
owner's duplicate certificates marked "canceled," upon the entry 
of a new owner's duplicate certificate, mortgagee's duplicate 
certificates marked "canceled" and the receipt cards for such 
"canceled" certificates.  
    Sec. 15.  Minnesota Statutes 1990, section 508A.11, 
subdivision 3, is amended to read: 
    Subd. 3.  [FEES.] Before the examiner of titles examines 
the abstract of title, the applicant shall pay to the registrar 
of titles the fee provided by section 508A.82, clause (18) (17). 
    Sec. 16.  Minnesota Statutes 1990, section 508A.44, 
subdivision 2, is amended to read: 
    Subd. 2.  [ALTERNATE PROCEEDING.] In lieu of the court 
directive to the registrar to issue a new duplicate CPT under 
subdivision 1, the registrar of titles shall issue a duplicate 
CPT when directed to do so by the examiner of titles.  The 
directive of the examiner shall be in writing after posting a 
notice addressed "TO WHOM IT MAY CONCERN" fixing a time when the 
examiner shall direct the issuance of a new duplicate CPT unless 
valid objections to it are delivered to the examiner's office 
prior to the specified time.  The notice shall be posted on a 
bulletin board provided for the posting of legal notices at the 
courthouse at least seven days prior to the date fixed for the 
issuance of the directive.  No directive shall be issued by the 
examiner unless all persons in interest have signed and verified 
a statement setting forth the facts relating to the reasons why 
the duplicate CPT cannot be produced, the statement is 
memorialized upon the CPT and there is satisfactory evidence as 
to the identity of the signers and the facts relating to the 
loss or destruction of the duplicate CPT.  Persons in interest 
in the case of an owner's duplicate CPT are the registered 
owners or their probate representatives; and in the case of the 
mortgagee's or lessee's duplicate CPT, the persons in interest 
are the registered owners of the mortgage or lease, as the case 
may be, or their probate representative.  
    Sec. 17.  Minnesota Statutes 1990, section 508A.45, is 
amended to read: 
    508A.45 [COURT MAY ORDER DUPLICATE CPT PRODUCED.] 
    If the registrar of titles is requested to enter a new CPT 
in pursuance of an instrument which purports to be executed by 
the registered owner, or by reason of any instrument or 
proceeding which divests the title of the registered owner 
against the registered owner's consent, and the outstanding 
owner's duplicate CPT is not presented for cancellation when the 
request is made, the registrar of titles shall not enter a new 
CPT until authorized so to do by order of the district court.  
The person who claims to be entitled to it may apply for it to 
the district court, and after due notice and hearing, the court 
may order the registered owner, or any person withholding the 
duplicate CPT, to surrender it, and direct the entry of a new 
CPT upon the surrender.  If the person withholding the duplicate 
CPT is not amenable to the process of the court, or if for any 
reason the outstanding owner's duplicate CPT cannot be delivered 
up, the court may by decree annul it, and order a new CPT to be 
entered.  If an outstanding mortgagee's or lessee's duplicate 
CPT is not produced and surrendered when the mortgage or lease 
is discharged, assigned, or extinguished, the same proceedings 
may be had to obtain registration as in the case of the 
nonproduction of an owner's duplicate.  
    Sec. 18.  Minnesota Statutes 1990, section 508A.55, is 
amended to read: 
    508A.55 [REGISTRATION OF MORTGAGE; MEMORIAL ENTERED ON 
CERTIFICATE.] 
    The registration of a mortgage shall be made in the 
following manner:  The owner's duplicate CPT shall be presented 
to the registrar, together with the mortgage deed, or other 
instrument to be registered, and the registrar shall enter upon 
the original CPT and also upon the owner's duplicate CPT a 
memorial of the purport of the instrument registered, the exact 
time of filing, and its file number.  The registrar shall also 
note upon the registered instrument the time of filing and a 
reference to the volume and page where it is registered.  The 
registrar shall also, at the request of the mortgagee or 
assignee of the mortgagee, make and deliver to the mortgagee or 
assignee a duplicate CPT like the owner's duplicate CPT, except 
that the words "Mortgagee's Duplicate" shall be written or 
printed diagonally across its face in large letters.  A 
memorandum of the issuance of the mortgagee's duplicate shall be 
made upon the original CPT.  
    Sec. 19.  Minnesota Statutes 1990, section 508A.56, is 
amended to read: 
    508A.56 [ASSIGNMENT AND DISCHARGE OF MORTGAGE.] 
    When a mortgage, upon which a mortgagee's duplicate has 
been issued, is assigned, extended, or otherwise dealt with, the 
mortgagee's duplicate shall be presented to the registrar, 
together with the instrument dealing with the mortgage, and a 
memorial of the instrument, shall be made upon the mortgagee's 
duplicate and upon the original CPT.  When the mortgage is 
discharged or otherwise extinguished the mortgagee's duplicate 
shall be surrendered and stamped "Canceled."  In case only a 
part of the mortgage upon the land is intended to be released or 
discharged, a memorial of the partial release shall be entered. 
The production of the mortgagee's duplicate CPT shall be 
conclusive authority to register the instrument presented with 
it.  
    Sec. 20.  Minnesota Statutes 1990, section 508A.57, is 
amended to read: 
    508A.57 [FORECLOSURE; NOTICE.] 
    Mortgages upon land registered under sections 508A.01 to 
508A.85 may be foreclosed in the same manner as mortgages upon 
unregistered land.  Where the mortgage is upon registered land 
it shall be sufficient to authorize the foreclosure of it by 
advertisement, if the mortgage and all assignments of it have 
been registered, and a memorial of it duly entered upon the 
CPT.  When a mortgage upon the registered land is foreclosed by 
advertisement, the notice of foreclosure shall state the date of 
the mortgage, when and where registered, and the fact of 
registration.  All laws relating to the foreclosure of mortgages 
upon unregistered land shall apply to mortgages upon land 
registered under sections 508A.01 to 508A.85, or any estate or 
interest therein, except as herein provided, and except that a 
notice of the pendency of any suit or proceeding to enforce or 
foreclose the mortgage or other charge upon the land shall be 
filed with the registrar, and a memorial of it entered on the 
register at the time of or prior to the commencement of the 
action or proceeding before the first date of publication of the 
foreclosure notice but not sooner than six months before the 
first date of publication.  A notice so filed and registered 
shall be notice to the registrar and to all persons thereafter 
dealing with the land or any part of it and satisfies the 
requirements of section 580.032, subdivision 3, with respect to 
registered land.  When a mortgagee's duplicate CPT has been 
issued it shall be presented to the registrar at the time of 
filing and a memorial of it entered.  In all foreclosures, all 
certificates and affidavits permitted or required by law to be 
recorded with the county recorder shall be filed with the 
registrar who shall register them. 
    Sec. 21.  Minnesota Statutes 1990, section 508A.58, is 
amended to read: 
    508A.58 [REGISTRATION AFTER FORECLOSURE; NEW CPT.] 
    Subdivision 1.  [COURT ORDER.] Any person who has, by an 
action or other proceeding to enforce or foreclose a mortgage, 
lien, or other charge upon land registered under sections 
508A.01 to 508A.85, become the owner in fee of the land, or any 
part of it, may have the title registered.  Except as provided 
in subdivision 2, the person shall apply by duly verified 
petition to the court for a new CPT to the land, and the court 
shall then, after due notice to all parties in interest and upon 
the hearing as the court may direct, make an order or decree for 
the issuance of a new CPT to the person entitled thereto, and 
the registrar shall then enter a new CPT to the land, or of the 
part of it to which the applicant petitioner is entitled, and 
issue an owner's duplicate as in the case of a voluntary 
conveyance.  
    Subd. 2.  [EXAMINER OF TITLES DIRECTIVE.] Any person who 
has become the owner in fee of land registered under sections 
508A.01 to 508A.85, or any part of the land, pursuant to a 
mortgage foreclosure by action under chapter 581 is entitled to 
a new CPT for the land described in the sheriff's certificate of 
sale or so much of the land as may be described in the 
certificate of title, after the redemption period expires.  The 
registrar shall enter a new CPT and issue a new owner's 
duplicate certificate only pursuant to the court order provided 
in subdivision 1 or upon the written directive of the examiner 
of titles as to the legal sufficiency of the mortgage 
foreclosure proceeding.  The directive of the examiner of titles 
also must specify the instruments the registrar shall omit from 
the new CPT by virtue of the foreclosure. 
     Sec. 22.  Minnesota Statutes 1990, section 508A.59, is 
amended to read: 
    508A.59 [REGISTRATION OF JUDGMENT OR FINAL DECREE.] 
    A judgment or decree affecting land registered under 
sections 508A.01 to 508A.85 shall be registered upon the 
presentation of a certified copy of it to the registrar, who 
shall enter a memorial of it upon the original CPT, and upon the 
owner's duplicate, and upon any outstanding mortgagee's or 
lessee's duplicate, if practicable so to do.  When the 
registered owner of the land is by the judgment or decree 
divested of an estate in fee in it, or of any part of it, the 
prevailing party shall be entitled to a new CPT for the land, or 
so much of it as is described in the judgment and decree.  The 
registrar shall enter the new CPT and issue a new owner's 
duplicate CPT as in the case of a voluntary conveyance.  No new 
CPT shall be entered except upon the written certification of 
the examiner of titles as to the legal sufficiency of the 
documents presented for filing for the purpose of issuance of a 
new CPT or upon the order of the district court directing the 
issuance of it.  
    Sec. 23.  Minnesota Statutes 1990, section 508A.71, 
subdivision 6, is amended to read: 
    Subd. 6.  [CERTIFIED COPIES OF INSTRUMENTS; FILING.] When 
instruments affecting land registered under sections 508A.01 to 
508A.85 have been recorded in the office of any county recorder 
in this state, a certified copy of it may be filed for 
registration and registered with like effect as the original 
instrument without an order or directive.  The owner's, 
mortgagee's, or lessee's duplicate CPT shall be presented to the 
registrar, together with the certified copy, whenever the 
presentation is required by statute for registration of the 
original instrument. 
    Sec. 24.  Minnesota Statutes 1990, section 508A.73, is 
amended to read: 
    508A.73 [EMINENT DOMAIN; REVERSION; VACATION.] 
    Subdivision 1.  [REGISTRATION FILING; NEW CPT; MEMORIALS; 
REVERSION.] If the land of a registered owner, or any right, 
title, interest, or estate in it is taken by eminent domain, the 
state or body politic, or other authority which exercises the 
right, shall file for registration a written certified copy of a 
final certificate or a certified copy of a court order 
transferring title pursuant to section 117.042 together with an 
instrument containing a description of the land taken, together 
with the name of each owner of it, and referring to each CPT by 
its number and place of registration in the register of titles, 
and stating what estate or interest in the land is taken, and 
for what purpose.  A memorial of the right, title, interest, or 
estate thus taken shall be made upon each CPT by the registrar.  
If the fee is taken, a new CPT shall be entered in the name of 
the owner for the land remaining to the owner after the taking.  
A new CPT may not be entered except by order of the district 
court or upon the written certification of the examiner of 
titles as to the legal sufficiency of the final certificate or 
court order pursuant to section 117.042 and other instruments 
presented for filing for the purpose of issuance of a new CPT.  
If the owner has a lien for damages upon the land thus taken, 
this fact shall be stated in the memorial of registration.  All 
fees on account of any memorial of registration or entry of new 
CPTs for land thus taken shall be paid by the state or body 
politic or other authority which takes the land.  If land which 
was taken for public use reverts, by operation of law, to the 
owner or to heirs or assigns, the district court, upon the 
application of the person entitled to the benefit of the 
reversion, and after due notice and hearing, may order the entry 
of a new CPT to the person entitled to it.  
    Subd. 2.  [VACATION OF STREET OR ALLEY; LEGAL DESCRIPTION.] 
Upon the filing of a certified copy of a resolution or ordinance 
by a city vacating an adjoining street or alley that was 
dedicated to the public in a plat, a registered owner is 
entitled to have added to the legal description on the CPT that 
part of the vacated street or alley that accrues to it, provided 
the vacation occurred after the land was originally registered.  
The vacated street or alley may be added to the CPT by order of 
the district court or by a written directive from the examiner 
of titles. 
    Sec. 25.  Minnesota Statutes 1991 Supplement, section 
508A.82, is amended to read: 
    508A.82 [REGISTRAR'S FEES.] 
    The fees to be paid to the registrar shall be as follows:  
    (1) of the fees provided herein, five percent of the fees 
collected under clauses (3), (4), (11) (10), (12), (13), 
(14), (15), (17) (16), and (19) (18), for filing or 
memorializing shall be paid to the state treasurer and credited 
to the general fund; 
    (2) for registering each original CPT, and issuing a 
duplicate of it, $30; 
    (3) for registering each instrument transferring the fee 
simple title for which a new CPT is issued and for the issuance 
and registration of the new CPT, $30; 
    (4) for the entry of each memorial on a certificate and 
endorsements upon duplicate CPTs, $15; 
    (5) for issuing each mortgagee's or lessee's duplicate, 
$10; 
    (6) for issuing each residue CPT, $20; 
    (7) (6) for exchange CPTs, $10 for each CPT canceled and 
$10 for each new CPT issued; 
    (8) (7) for each certificate showing condition of the 
register, $10; 
    (9) (8) for any certified copy of any instrument or writing 
on file in the registrar's office, the same fees allowed by law 
to county recorders for like services; 
    (10) (9) for a noncertified copy of any instrument or 
writing on file 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) (10) for filing two copies of any plat in the office 
of the registrar, $30; 
    (12) (11) for any other service under sections 508A.01 to 
508A.85, the fee the court shall determine; 
    (13) (12) for issuing a duplicate CPT pursuant to the 
directive of the examiner of titles in counties in which the 
compensation of the examiner is paid in the same manner as the 
compensation of other county employees, $50, plus $10 to 
memorialize; 
    (14) (13) for issuing a duplicate CPT pursuant to the 
directive of the examiner of titles in counties in which the 
compensation of the examiner is not paid by the county or 
pursuant to an order of the court, $10; 
    (15) (14) for filing a condominium plat or an amendment to 
it in accordance with chapter 515, $30; 
    (16) (15) for a copy of a condominium plat filed pursuant 
to chapters 515 and 515A, the fee shall be $1 for each page of 
the plat with a minimum fee of $10; 
    (17) (16) for filing a condominium declaration and 
condominium plat or an amendment to it in accordance with 
chapter 515A, $10 for each certificate upon which the document 
is registered and $30 for the filing of the condominium plat or 
an amendment to it; 
    (18) (17) 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) (18) for filing a registered land survey in triplicate 
in accordance with section 508A.47, subdivision 4, $30; 
    (20) (19) for furnishing a certified copy of a registered 
land survey in accordance with section 508A.47, subdivision 4, 
$10. 
    Sec. 26.  Minnesota Statutes 1990, section 508A.835, is 
amended to read: 
    508A.835 [DISPOSAL OF CANCELED DUPLICATE CPTS AND RECEIPT 
CARDS.] 
    The registrar of titles is authorized to destroy owner's 
duplicate CPTs marked "canceled," upon the entry of a new 
owner's duplicate CPT, mortgagee's duplicate CPTs marked 
"canceled" and the receipt cards for the "canceled" CPTs. 
    Sec. 27.  Minnesota Statutes 1990, section 508A.85, 
subdivision 3, is amended to read: 
    Subd. 3.  [CHANGEOVER AT REQUEST OF OWNER.] Subsequent to 
the expiration of the five year period set forth in section 
508A.17, any registered owner of a CPT may file with the 
registrar of titles a request for a changeover, and upon payment 
of the fee for an exchange as specified in section 508A.82, 
clause (7) (6), the registrar shall issue a certificate of title 
and cancel the CPT. 
    Sec. 28.  Minnesota Statutes 1990, section 514.08, 
subdivision 2, is amended to read: 
    Subd. 2.  [STATEMENT BY LIEN CLAIMANT; REQUIREMENTS.] Such 
statement shall be made by or at the instance of the lien 
claimant, be verified by the oath of some person shown by such 
verification to have knowledge of the facts stated, and shall 
set forth: 
    (1) A notice of intention to claim and hold a lien, and the 
amount thereof; 
    (2) That such amount is due and owing to the claimant for 
labor performed, or for skill, material, or machinery furnished, 
and for what improvement the same was done or supplied; 
    (3) The names of the claimant, and of the person for or to 
whom performed or furnished; 
    (4) The dates when the first and last items of the 
claimant's contribution to the improvement were made; 
    (5) A description of the premises to be charged, 
identifying the same with reasonable certainty; 
    (6) The name of the owner thereof at the time of making 
such statement, according to the best information then had; 
    (7) The post office address of the claimant.  (The failure 
to insert such post office address shall not invalidate the lien 
statement); 
    (8) That claimant acknowledges that a copy of such the 
statement has been must be served personally or mailed to by 
certified mail within the 120-day period provided in this 
section on the owner, the owner's authorized agent or the person 
who entered into the contract with the contractor as provided 
herein; and 
    (9) That notice as required by section 514.011, subdivision 
2, if any, was given. 
     Sec. 29.  Minnesota Statutes 1990, section 518.54, 
subdivision 5, is amended to read: 
    Subd. 5.  [MARITAL PROPERTY; EXCEPTIONS.] "Marital 
property" means property, real or personal, including vested 
public or private pension plan benefits or rights, acquired by 
the parties, or either of them, to a dissolution, legal 
separation, or annulment proceeding at any time during the 
existence of the marriage relation between them, or at any time 
during which the parties were living together as husband and 
wife under a purported marriage relationship which is annulled 
in an annulment proceeding, but prior to the date of valuation 
under section 518.58, subdivision 1.  All property acquired by 
either spouse subsequent to the marriage and before the 
valuation date is presumed to be marital property regardless of 
whether title is held individually or by the spouses in a form 
of coownership such as joint tenancy, tenancy in common, tenancy 
by the entirety, or community property.  Each spouse shall be 
deemed to have a common ownership in marital property that vests 
not later than the time of the entry of the decree in a 
proceeding for dissolution or annulment.  The extent of the 
vested interest shall be determined and made final by the court 
pursuant to section 518.58.  If a title interest in real 
property is held individually by only one spouse, the interest 
in the real property of the nontitled spouse is not subject to 
claims of creditors or judgment or tax liens until the time of 
entry of the decree awarding an interest to the nontitled 
spouse.  The presumption of marital property is overcome by a 
showing that the property is nonmarital property. 
    "Nonmarital property" means property real or personal, 
acquired by either spouse before, during, or after the existence 
of their marriage, which 
    (a) is acquired as a gift, bequest, devise or inheritance 
made by a third party to one but not to the other spouse; 
    (b) is acquired before the marriage; 
    (c) is acquired in exchange for or is the increase in value 
of property which is described in clauses (a), (b), (d), and 
(e); 
    (d) is acquired by a spouse after the valuation date; or 
    (e) is excluded by a valid antenuptial contract. 
    Sec. 30.  Minnesota Statutes 1990, section 559.21, 
subdivision 2a, is amended to read: 
    Subd. 2a.  [TERMINATION NOTICE FOR CONTRACT EXECUTED AFTER 
JULY 31, 1985.] If a default occurs in the conditions of a 
contract for the conveyance of real estate or an interest in 
real estate executed on or after August 1, 1985, that gives the 
seller a right to terminate it, the seller may terminate the 
contract by serving upon the purchaser or the purchaser's 
personal representatives or assigns, within or outside of the 
state, a notice specifying the conditions in which default has 
been made.  The notice must state that the contract will 
terminate 60 days, or a shorter period allowed in subdivision 4, 
after the service of the notice, unless prior to the termination 
date the purchaser: 
    (1) complies with the conditions in default; 
    (2) makes all payments due and owing to the seller under 
the contract through the date that payment is made; 
    (3) pays the costs of service of the notice, including the 
reasonable costs of service by sheriff, public officer, or 
private process server; except payment of costs of service is 
not required unless the seller notifies the purchaser of the 
actual costs of service by certified mail to the purchaser's 
last known address at least ten days prior to the date of 
termination; 
    (4) except for earnest money contracts, purchase 
agreements, and exercised options, pays two percent of any 
amount in default at the time of service, not including the 
final balloon payment, any taxes, assessments, mortgages, or 
prior contracts that are assumed by the purchaser; and 
    (5) pays an amount to apply on attorneys' fees actually 
expended or incurred, of $125 if the amount in default is less 
than $750, and of $250 if the amount in default is $750 or more; 
except no amount for attorneys' fees is required to be paid 
unless some part of the conditions of default has existed for at 
least 30 days prior to the date of service of the notice.  
    Sec. 31.  Minnesota Statutes 1990, section 559.21, 
subdivision 3, is amended to read: 
    Subd. 3.  For purposes of this section, the term "notice" 
means a writing stating the information required in this 
section, stating the name, address and telephone number of the 
seller or of an attorney authorized by the seller to accept 
payments pursuant to the notice and the fact that the person 
named is authorized to receive the payments, and including the 
following information in 12-point or larger underlined 
upper-case type, or 8-point type if published, or in large 
legible handwritten letters:  
     THIS NOTICE IS TO INFORM YOU THAT BY THIS NOTICE THE SELLER 
HAS BEGUN PROCEEDINGS UNDER MINNESOTA STATUTES, SECTION 559.21, 
TO TERMINATE YOUR CONTRACT FOR THE PURCHASE OF YOUR PROPERTY FOR 
THE REASONS SPECIFIED IN THIS NOTICE.  THE CONTRACT WILL 
TERMINATE ..... DAYS AFTER (SERVICE OF THIS NOTICE UPON YOU) 
(THE FIRST DATE OF PUBLICATION OF THIS NOTICE) UNLESS BEFORE 
THEN: 
      (a) THE PERSON AUTHORIZED IN THIS NOTICE TO RECEIVE 
PAYMENTS RECEIVES FROM YOU: 
      (1) THE AMOUNT THIS NOTICE SAYS YOU OWE; PLUS 
     (2) THE COSTS OF SERVICE (TO BE SENT TO YOU); PLUS 
     (3) $........... TO APPLY TO ATTORNEYS' FEES ACTUALLY 
EXPENDED OR INCURRED; PLUS 
     (4) FOR CONTRACTS EXECUTED ON OR AFTER MAY 1, 1980, ANY 
ADDITIONAL PAYMENTS BECOMING DUE UNDER THE CONTRACT TO THE 
SELLER AFTER THIS NOTICE WAS SERVED ON YOU; PLUS 
    (5) FOR CONTRACTS, OTHER THAN EARNEST MONEY CONTRACTS, 
PURCHASE AGREEMENTS, AND EXERCISED OPTIONS, EXECUTED ON OR AFTER 
AUGUST 1, 1985, $.... (WHICH IS TWO PERCENT OF THE AMOUNT IN 
DEFAULT AT THE TIME OF SERVICE OTHER THAN THE FINAL BALLOON 
PAYMENT, ANY TAXES, ASSESSMENTS, MORTGAGES, OR PRIOR CONTRACTS 
THAT ARE ASSUMED BY YOU); OR 
    (b) YOU SECURE FROM A COUNTY OR DISTRICT COURT AN ORDER 
THAT THE TERMINATION OF THE CONTRACT BE SUSPENDED UNTIL YOUR 
CLAIMS OR DEFENSES ARE FINALLY DISPOSED OF BY TRIAL, HEARING OR 
SETTLEMENT.  YOUR ACTION MUST SPECIFICALLY STATE THOSE FACTS AND 
GROUNDS THAT DEMONSTRATE YOUR CLAIMS OR DEFENSES.  
    IF YOU DO NOT DO ONE OR THE OTHER OF THE ABOVE THINGS 
WITHIN THE TIME PERIOD SPECIFIED IN THIS NOTICE, YOUR CONTRACT 
WILL TERMINATE AT THE END OF THE PERIOD AND YOU WILL LOSE ALL 
THE MONEY YOU HAVE PAID ON THE CONTRACT; YOU WILL LOSE YOUR 
RIGHT TO POSSESSION OF THE PROPERTY; YOU MAY LOSE YOUR RIGHT TO 
ASSERT ANY CLAIMS OR DEFENSES THAT YOU MIGHT HAVE; AND YOU WILL 
BE EVICTED.  IF YOU HAVE ANY QUESTIONS ABOUT THIS NOTICE, 
CONTACT AN ATTORNEY IMMEDIATELY.  ~ 
    Sec. 32.  [580.032] [REQUEST FOR NOTICE; MAILED NOTICE.] 
    Subdivision 1.  [FILING REQUEST FOR NOTICE.] A person 
having a redeemable interest in real property under section 
580.23 or 580.24, may file for record a request for notice of a 
mortgage foreclosure by advertisement with the county recorder 
or registrar of titles of the county where the property is 
located. 
    Subd. 2.  [CONTENT REQUIREMENTS.] A request for notice must 
specify:  (1) the name and mailing address of the person 
requesting notice; (2) a legal description of the real property; 
(3) a description of the person's redeemable interest including, 
if applicable, the date and recording information of the 
document creating the interest; and (4) a request for notice of 
a mortgage foreclosure by advertisement.  The request must be 
executed and acknowledged by the person requesting notice. 
    Subd. 3.  [NOTICE OF PENDENCY.] A person foreclosing a 
mortgage by advertisement shall file for record a notice of the 
pendency of the foreclosure with the county recorder or 
registrar of titles in the county in which the property is 
located before the first date of publication of the foreclosure 
notice but not more than six months before the first date of 
publication. 
    Subd. 4.  [MAILED NOTICE.] A person foreclosing a mortgage 
by advertisement shall mail, at least 14 days before the date of 
sale, a copy of the notice of sale to each person requesting 
notice in a recorded request for notice at the address specified 
in the recorded request for notice.  Mailed notice is deemed 
given upon deposit in the United States mail first class, 
postage prepaid, and addressed to the person requesting notice.  
Notice need not be mailed to a person:  (1) whose request for 
notice was recorded before the recording of the mortgage being 
foreclosed or after the recording of the notice of pendency 
provided in subdivision 3; (2) served pursuant to section 
580.03; or (3) who no longer has a redeemable interest. 
    Subd. 5.  [EFFECT OF FAILURE TO MAIL NOTICE.] If a person 
foreclosing a mortgage by advertisement fails to mail a notice 
of the sale in accordance with subdivision 4, the failure does 
not invalidate the foreclosure. 
    Subd. 6.  [REMEDIES.] If notice of the sale is not mailed 
in accordance with subdivision 4 to a person with a properly 
recorded request for notice, the person requesting notice has a 
cause of action against the person foreclosing the mortgage for 
money damages for the lesser of:  (1) the equity in the 
mortgaged premises that would have been available to the person 
if the person had redeemed; or (2) the value of the person's 
redeemable interest.  The value of a lien holder's redeemable 
interest is the amount due on and secured by the lien.  The 
person requesting notice has the burden of proving that the 
notice of the sale was not mailed in accordance with subdivision 
4 and that the person requesting notice had a valid redeemable 
interest in the mortgaged premises, had measurable damages, had 
the financial ability to redeem, and did not have actual notice 
of the sale at least 60 days before expiration of the 
mortgagor's period of redemption.  An action for damages 
resulting from failure to mail notice must be brought within two 
years of the date of the sheriff's sale. 
    Subd. 7.  [EXCEPTION TO DAMAGE CLAIM.] Notwithstanding 
subdivision 6, if notice was not mailed in accordance with 
subdivision 4 to a person requesting notice, the requester has 
no cause of action against the person foreclosing the mortgage 
if at least 60 days before the mortgagor's period of redemption 
expires, a copy of the sheriff's certificate of sale is mailed 
in the manner provided in this section to the person requesting 
notice. 
    Subd. 8.  [NO COLOR OF TITLE.] The recording of a request 
for notice by itself does not give the person requesting notice 
any interest in the mortgaged premises for any purpose.  A 
recorded request for notice does not constitute actual or 
constructive notice of any interest in the real property. 
    Subd. 9.  [EFFECTIVE DATE.] This section is effective 
August 1, 1992.  This section applies only to mortgages 
foreclosed by advertisement when the first date of publication 
is after January 1, 1993. 
    Sec. 33.  Minnesota Statutes 1990, section 580.15, is 
amended to read: 
    580.15 [PERPETUATING EVIDENCE OF SALE.] 
    Any party desiring to perpetuate the evidence of any sale 
made in pursuance of this chapter may procure: 
    (1) An affidavit of the publication of the notice of sale 
and of any notice of postponement to be made by the printer of 
the newspaper in which the same was inserted or by some person 
in the printer's employ knowing the facts; 
    (2) An affidavit or return of service of such notice upon 
the occupant of the mortgaged premises to be made by the officer 
or person making such service or, in case the premises were 
vacant or unoccupied at the time the service must be made, an 
affidavit or return showing that fact, to be made by the officer 
or person attempting to make such service; 
    (3) An affidavit by the person foreclosing the mortgage, or 
that person's attorney, or someone knowing the facts, setting 
forth the facts relating to the military service status of the 
owner of the mortgaged premises at the time of sale. 
    (4) An affidavit by the person foreclosing the mortgage, or 
that person's attorney, or someone having knowledge of the 
facts, setting forth the fact of service of notice of sale upon 
the secretary of the treasury of the United States or the 
secretary's delegate in accordance with the provisions of 
Section 7425 of the Internal Revenue Code of 1954 as amended by 
Section 109 of the Federal Tax Lien Act of 1966, and also 
setting forth the fact of service of notice of sale upon the 
commissioner of revenue of the state of Minnesota in accordance 
with the provisions of section 270.69, subdivision 7.  Any such 
affidavit recorded prior to May 16, 1967 shall be effective as 
prima facie evidence of the facts therein contained as though 
recorded subsequent to May 16, 1967. 
    (5) An affidavit by the person foreclosing the mortgage, or 
that person's attorney, or someone having knowledge of the 
facts, setting forth the names of the persons to whom a notice 
of sale was mailed as provided by section 32. 
    Such affidavits and returns shall be recorded by the county 
recorder and they and the records thereof, and certified copies 
of such records, shall be prima facie evidence of the facts 
therein contained. 
    The affidavit provided for in clause (3) hereof may be made 
and filed for record for the purpose of complying with the 
provisions of the Soldiers' and Sailors' Civil Relief Act of 
1940, passed by the Congress of the United States and approved 
on October 17, 1940, and may be made and filed for record at any 
time subsequent to the date of the mortgage foreclosure sale. 
    Sec. 34.  Minnesota Statutes 1990, section 582.01, is 
amended by adding a subdivision to read: 
    Subd. 1a.  Notwithstanding subdivision 1 to the contrary, 
the minimum fee for foreclosure by advertisement of mortgages 
executed after July 31, 1992, is $500. 
     Sec. 35.  Minnesota Statutes 1990, section 582.27, is 
amended to read: 
    582.27 [EFFECTIVE DATES.] 
    Subdivision 1.  The following schedule specifies the dates 
to be applied to the provisions of section 582.25: 
    (A) As to the general provision of section 582.25, May 1, 
1988 April 1, 1991; 
    (B) As to clause (1), May 24, 1989 the day following final 
enactment of this act; 
    (C) As to clause (2), January 1, 1978 1982; 
    (D) As to clause (5), May 24, 1989 the day following final 
enactment of this act; 
    (E) As to clause (8), May 24, 1989 the day following final 
enactment of this act; 
    (F) As to clause (10) (a), May 24, 1989; the day following 
final enactment of this act. 
    Subd. 2.  The date of the report of sale to which section 
582.26 applies is May 24, 1989 the day following final enactment 
of this act.  
    Subd. 3.  The provisions of sections 582.25 to 582.27 shall 
not affect any action or proceeding pending on August 1, 1989, 
or which shall be commenced before February 1, 1990, in any of 
the courts of the state, involving the validity of such 
foreclosure.  This act does not affect any proceeding pending on 
August 1, 1992, or commenced before February 1, 1993, in any of 
the courts of the state, involving the validity of the 
foreclosure. 
    Sec. 36.  [EFFECTIVE DATE.] 
    Section 31 is effective August 1, 1992, and applies to 
notices given on or after that date, except that, until January 
1, 1993, notice given in conformity with Minnesota Statutes 
1990, section 559.21, subdivision 3, is valid and must be 
construed as complying with sections 30 and 31. 
    Section 35 is effective the day following final enactment. 
    Presented to the governor April 14, 1992 
    Signed by the governor April 15, 1992, 1:03 p.m.