Minnesota Session Laws - 1994, Regular Session

                            CHAPTER 444-S.F.No. 1825 
                  An act relating to manufactured homes; restricting the 
                  venue for repossession actions to the county in which 
                  the manufactured home is located; making technical 
                  changes; amending Minnesota Statutes 1992, sections 
                  327.63, subdivision 1; 327.64, subdivision 2; and 
                  327.65. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1992, section 327.63, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [U.C.C. AND CHAPTER 565.] To the extent 
        that the procedures established by sections 327.61 to 327.67 
        differ from the procedures established or authorized for 
        repossession of a manufactured home under the uniform commercial 
        code of this state, the provisions of sections 327.61 to 327.67 
        shall supersede the code and shall govern the repossession of 
        the manufactured home.  The procedures established by sections 
        327.61 to 327.64 and sections 327.66 to 327.67 must be satisfied 
        before a secured party may take any action pursuant to chapter 
        565.  
           Sec. 2.  Minnesota Statutes 1992, section 327.64, 
        subdivision 2, is amended to read: 
           Subd. 2.  A secured party may commence repossession of a 
        manufactured home by personally serving upon the occupant of the 
        mobile home a notice or and, if the occupant is not the debtor, 
        by sending a registered or certified letter to the last known 
        address of the debtor under the security agreement, both setting 
        forth the circumstances constituting the default under the 
        security agreement and stating that the secured party will at 
        the expiration of a 30-day period following receipt of the 
        notice seek a court order removing the occupant from the 
        manufactured home and repossessing the manufactured home, unless 
        the debtor or the occupant acting on behalf of the debtor cures 
        the default prior to that time and in the manner provided by 
        section 327.66.  If notice is mailed to a debtor in accordance 
        with this subdivision, the secured party by affidavit shall set 
        forth the circumstances causing the secured party to believe 
        that the debtor could be reached at the address to which the 
        notice was mailed.  The affidavit shall state that the secured 
        party has no reason to believe that the debtor might receive 
        mailed notice at another address. 
           Sec. 3.  Minnesota Statutes 1992, section 327.65, is 
        amended to read: 
           327.65 [COURT ORDER.] 
           Except in cases of voluntary repossession, upon expiration 
        of the 30-day period specified in the notices required by 
        section 327.64, a secured party may apply to a competent court 
        of any jurisdiction within this state must apply to the district 
        court in the county in which the manufactured home is located 
        for an order pursuant to chapter 565 directing the seizure and 
        delivery of the manufactured home.  The application shall be 
        accompanied by a copy of the security agreement entitling the 
        secured party to repossession of the manufactured home and by 
        the affidavit required by section 327.64 if notice is mailed to 
        the debtor.  The notices required by section 327.64 shall not be 
        considered as satisfying any of the notice requirements under 
        chapter 565. 
           Presented to the governor April 12, 1994 
           Signed by the governor April 15, 1994, 1:47 p.m.