Office of the Revisor of Statutes
Minnesota Session Laws - 1992, Regular Session
Key: (1) language to be deleted (2) new language
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.
Official Publication of the State of Minnesota
Revisor of Statutes