Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                             CHAPTER 92-H.F.No. 344 
                  An act relating to real property; providing for the 
                  form and record of certain assignments; revising the 
                  common interest ownership act; changing the 
                  application of the curative and validating law for 
                  mortgage foreclosures; authorizing presentation of 
                  certain instruments without a duplicate certificate of 
                  title; amending Minnesota Statutes 1994, sections 
                  507.411; 508.51; 508A.51; 515B.1-102; 515B.1-103; 
                  515B.1-116; 515B.2-104; 515B.2-105; 515B.2-109; 
                  515B.2-110; 515B.3-112; 515B.3-115; 582.25; and 582.27.
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1994, section 507.411, is 
        amended to read: 
           507.411 [ASSIGNMENT, SATISFACTION, AND RELEASE OF 
        MORTGAGES; CORPORATE IDENTITY CHANGE.] 
           When a change in the name or identity of a corporate 
        mortgagee or assignee of the mortgagee is caused by or results 
        from a merger, consolidation, amendment to charter or articles 
        of incorporation, or conversion of articles of incorporation or 
        charter from federal to state, from state to federal, or from 
        one form of entity to another, a mortgage assignment, 
        satisfaction, or release that is otherwise recordable and that 
        specifies in the body of the instrument the merger, 
        consolidation, amendment, or conversion event causing the change 
        in name or identity is in recordable form.  The assignment, 
        satisfaction, or release is entitled to be recorded in the 
        office of the county recorder or filed with the registrar of 
        titles, without further evidence of corporate merger, 
        consolidation, amendment, or conversion.  For purposes 
        of assigning, satisfying, or releasing the mortgage, the 
        assignment, satisfaction, or release is prima facie evidence of 
        the facts stated in it with respect to the corporate merger, 
        consolidation, amendment, or conversion, and the county recorder 
        and the registrar of titles shall rely upon it to assign, 
        satisfy, or release the mortgage. 
           Sec. 2.  Minnesota Statutes 1994, section 508.51, is 
        amended to read: 
           508.51 [OWNER'S DUPLICATE PRESENTED; EXCEPTION.] 
           Subdivision 1.  [GENERAL.] Except as provided in 
        subdivision 2, no new certificate of title shall be entered or 
        issued, and no memorial shall be made upon any certificate of 
        title in pursuance of any deed or other voluntary instrument 
        made by the registered owner or the registered owner's 
        attorney-in-fact, unless the owner's duplicate is presented 
        therewith, except upon the order of the court.  When such order 
        is made, a memorial thereof shall be entered, or a new 
        certificate issued as directed thereby.  The registrar shall 
        require that the owner's duplicate be presented only when an 
        instrument is submitted for filing that is executed by the 
        registered owner or the registered owner's attorney-in-fact.  
        When any voluntary instrument made by the registered owner or 
        the registered owner's attorney-in-fact is presented for 
        registration the production of the owner's duplicate certificate 
        shall authorize the registrar to enter a new certificate or to 
        make a memorial of registration in accordance with such 
        instrument, and the new certificate or memorial shall be binding 
        upon the registered owner and upon all persons claiming under 
        the registered owner in favor of every purchaser for value and 
        in good faith.  In all cases of registration which are procured 
        by fraud, the owner may pursue all legal and equitable remedies 
        against the parties to such fraud, without prejudice to the 
        rights of any innocent holder for value of a certificate of 
        title. 
           Subd. 2.  [INSTRUMENT IN FAVOR OF GOVERNMENT AGENCY.] A 
        deed or other voluntary instrument, made by the registered owner 
        or the registered owner's attorney-in-fact, in favor of the 
        United States of America, this state, or any political 
        subdivision, agency, or instrumentality of the United States of 
        America or this state must be accepted for registration 
        regardless of whether the owner's duplicate is presented with 
        it.  The execution of a deed or other voluntary instrument by 
        the registered owner or the registered owner's attorney-in-fact 
        authorizes the registrar to enter a new certificate or to make a 
        memorial of registration in accordance with the instrument, and 
        the new certificate or memorial is binding upon the registered 
        owner and upon all persons claiming under the registered owner 
        in favor of every purchaser for value and in good faith.  In all 
        cases of registration that are procured by fraud, the owner may 
        pursue all legal and equitable remedies against the parties to 
        the fraud, without prejudice to the rights of any innocent 
        holder for value of a certificate of title.  
           Sec. 3.  Minnesota Statutes 1994, section 508A.51, is 
        amended to read: 
           508A.51 [OWNER'S DUPLICATE PRESENTED; EXCEPTION 
        EXCEPTIONS.] 
           Subdivision 1.  [GENERAL.] Except as provided in 
        subdivision 2, no new CPT shall be entered or issued, and no 
        memorial shall be made upon any CPT in pursuance of any deed or 
        other voluntary instrument made by the registered owner or the 
        registered owner's attorney-in-fact, unless the owner's 
        duplicate is presented with it, except upon the order of the 
        court.  When an order or directive is made, a memorial of it 
        shall be entered, or a new CPT issued as directed.  The 
        registrar shall require that the owner's duplicate be presented 
        only when an instrument is submitted for filing that is executed 
        by the registered owner or the registered owner's 
        attorney-in-fact.  When any voluntary instrument made by the 
        registered owner or the registered owner's attorney-in-fact is 
        presented for registration, the production of the owner's 
        duplicate CPT shall authorize the registrar to enter a new CPT 
        or to make a memorial of registration in accordance with the 
        instrument, and the new CPT or memorial shall be binding upon 
        the registered owner and upon all persons claiming under the 
        registered owner in favor of every purchaser for value and in 
        good faith.  In all cases of registration which are procured by 
        fraud, the owner may pursue all legal and equitable remedies 
        against the parties to the fraud, without prejudice to the 
        rights of any innocent holder for value of a CPT.  
           Subd. 2.  [INSTRUMENT IN FAVOR OF GOVERNMENT AGENCY.] A 
        deed or other voluntary instrument, made by the registered owner 
        or the registered owner's attorney-in-fact, in favor of the 
        United States of America, this state, or any political 
        subdivision, agency, or instrumentality of the United States of 
        America or this state, must be accepted for registration 
        regardless of whether the owner's duplicate CPT is presented 
        with it.  The execution of a deed or other voluntary instrument 
        by the registered owner or the registered owner's 
        attorney-in-fact authorizes the registrar to enter a new CPT or 
        to make a memorial of registration in accordance with the 
        instrument, and the new CPT or memorial is binding upon the 
        registered owner and upon all persons claiming under the 
        registered owner in favor of every purchaser for value and in 
        good faith.  In all cases of registration that are procured by 
        fraud, the owner may pursue all legal and equitable remedies 
        against the parties to the fraud, without prejudice to the 
        rights of any innocent holder for value of a CPT. 
           Sec. 4.  Minnesota Statutes 1994, section 515B.1-102, is 
        amended to read: 
           515B.1-102 [APPLICABILITY.] 
           (a) Except as provided in this section, this chapter, and 
        not chapters 515 and 515A, applies to all common interest 
        communities created within this state on and after June 1, 1994. 
           (b) The applicability of this chapter to common interest 
        communities created prior to June 1, 1994, shall be as follows: 
           (1) This chapter shall apply to condominiums created under 
        chapter 515A with respect to events and circumstances occurring 
        on and after June 1, 1994; provided (i) that this chapter shall 
        not invalidate the declarations, bylaws or condominium plats of 
        those condominiums, and (ii) that chapter 515A, and not this 
        chapter, shall govern all rights and obligations of a declarant 
        of a condominium created under chapter 515A, and the rights and 
        claims of unit owners against that declarant. 
           (2) The following sections shall apply to condominiums 
        created under chapter 515:  515B.1-105 (Separate Titles and 
        Taxation); 515B.1-106 (Applicability of Local Ordinances, 
        Regulations, and Building Codes); 515B.1-107 (Eminent Domain); 
        515B.1-116 (Recording); 515B.2-103 (Construction and Validity of 
        Declaration and Bylaws); 515B.2-104 (Description of Units); 
        515B.2-118 (Amendment of Declaration); 515B.3-102 (Powers of 
        Unit Owners' Association); 515B.3-110 (Voting; Proxies); 
        515B.3-111 (Tort and Contract Liability); 515B.3-113 
        (Insurance); 515B.3-116 (Lien for Assessments); 515B.3-117 
        (Other Liens); 515B.3-118 (Association Records); 515B.3-121 
        (Accounting Controls); 515B.4-107 (Resale of Units); 515B.4-108 
        (Purchaser's Right to Cancel Resale); 515B.4-116 (Rights of 
        Action; Attorney's Fees); and 515B.1-103 (Definitions) to the 
        extent necessary in construing any of those sections.  The 
        foregoing sections shall apply only with respect to events and 
        circumstances occurring on and after June 1, 1994, and shall not 
        invalidate the declarations, bylaws or condominium plats of 
        those condominiums. 
           (3) This chapter shall not apply to cooperatives and 
        planned communities created prior to June 1, 1994; except by 
        election pursuant to subsection (d). 
           (c) This chapter shall not invalidate any amendment to the 
        declaration, bylaws or condominium plat of any condominium 
        created under chapter 515 or 515A if the amendment was recorded 
        before June 1, 1994.  Any amendment recorded on or after June 1, 
        1994, shall be adopted in conformity with the procedures and 
        requirements specified by those instruments and by this 
        chapter.  If the amendment grants to any person any rights, 
        powers or privileges permitted by this chapter, all correlative 
        obligations, liabilities and restrictions contained in this 
        chapter shall also apply to that person. 
           (d) Any condominium created under chapter 515, any planned 
        community or cooperative which would be exempt from this chapter 
        under subsection (e), or any planned community or cooperative 
        created prior to June 1, 1994, may elect to be subject to this 
        chapter, as follows: 
           (1) The election shall be accomplished by recording a 
        declaration or amended declaration, and a new or amended CIC 
        plat where required, and by approving bylaws or amended bylaws, 
        which conform to the requirements of this chapter, and which, in 
        the case of amendments, are adopted in conformity with the 
        procedures and requirements specified by the existing 
        declaration and bylaws of the common interest community, and by 
        any applicable statutes. 
           (2) An amended CIC plat shall not be required unless the 
        amended declaration or bylaws contain provisions inconsistent 
        with the existing CIC plat; provided, that the recording officer 
        shall index or cross-reference the CIC number to any existing 
        CIC plat.  In a condominium, the preexisting condominium plat 
        shall be the CIC plat and an amended CIC plat shall be required 
        only if the amended declaration or bylaws contain provisions 
        inconsistent with the preexisting condominium plat.  The 
        condominium's CIC number shall be the apartment ownership number 
        or condominium number originally assigned to it by the recording 
        officer.  In a cooperative in which the unit owners' interests 
        are characterized as real estate, a CIC plat shall be required.  
        In a planned community, the preexisting plat recorded pursuant 
        to chapter 505, 508, or 508A, or the part of the plat upon which 
        the common interest community is located, shall be the CIC plat. 
           (3) The amendment shall conform to the requirements of 
        section 515B.2-118(d). 
           (4) Except as permitted by paragraph (3), no declarant, 
        affiliate of declarant, association, master association nor unit 
        owner may acquire, increase, waive, reduce or revoke any 
        previously existing warranty rights or causes of action that one 
        of said persons has against any other of said persons by reason 
        of exercising the right of election under this subsection. 
           (5) A common interest community which elects to be subject 
        to this chapter may, as a part of the election process, change 
        its form of ownership by complying with the requirements of 
        section 515B.2-123. 
           (e) Except as otherwise provided in this subsection, this 
        chapter shall not apply, except by election pursuant to 
        subsection (d), to the following: 
           (1) a planned community or cooperative which consists of 12 
        or fewer units subject to the same declaration, which is not 
        subject to any rights to add additional real estate and which 
        will not be subject to a master association; 
           (2) a common interest community where the units consist 
        solely of separate parcels of real estate designed or utilized 
        for detached single family dwellings or agricultural purposes, 
        and where the association has no obligation to maintain any 
        building containing a dwelling or any agricultural building; 
           (3) a planned community or cooperative where, at the time 
        of creation of the planned community or cooperative, the unit 
        owners' interests in the dwellings consist solely of leasehold 
        interests having an unexpired term of fewer than 20 years, 
        including renewal options; 
           (4) a common interest community containing only a 
        combination of dwellings described in paragraphs (2) and (3); 
           (5) planned communities and cooperatives limited by the 
        declaration to nonresidential use; or 
           (6) real estate subject only to an instrument or 
        instruments filed primarily for the purpose of creating or 
        modifying rights with respect to access, ditches, drainage or 
        irrigation. 
           (f) Section 515B.1-106 shall apply to all common interest 
        communities. 
           Sec. 5.  Minnesota Statutes 1994, section 515B.1-103, is 
        amended to read: 
           515B.1-103 [DEFINITIONS.] 
           In the declaration and bylaws, unless specifically provided 
        otherwise or the context otherwise requires, and in this chapter:
           (1) "Additional real estate" means real estate that may be 
        added to a flexible common interest community. 
           (2) "Affiliate of a declarant" means any person who 
        controls, is controlled by, or is under common control with a 
        declarant.  
           (A) A person "controls" a declarant if the person (i) is a 
        general partner, officer, director, or employer of the 
        declarant, (ii) directly or indirectly or acting in concert with 
        one or more other persons, or through one or more subsidiaries, 
        owns, controls, holds with power to vote, or holds proxies 
        representing, more than 20 percent of the voting interest in the 
        declarant, (iii) controls in any manner the election of a 
        majority of the directors of the declarant, or (iv) has 
        contributed more than 20 percent of the capital of the declarant.
           (B) A person "is controlled by" a declarant if the 
        declarant (i) is a general partner, officer, director, or 
        employer of the person, (ii) directly or indirectly or acting in 
        concert with one or more other persons, or through one or more 
        subsidiaries, owns, controls, holds with power to vote, or holds 
        proxies representing, more than 20 percent of the voting 
        interest in the person, (iii) controls in any manner the 
        election of a majority of the directors of the person, or (iv) 
        has contributed more than 20 percent of the capital of the 
        person.  
           (C) Control does not exist if the powers described in this 
        subsection are held solely as a security interest and have not 
        been exercised. 
           (3) "Allocated interests" means the following interests 
        allocated to each unit:  (i) in a condominium, the undivided 
        interest in the common elements, the common expense liability, 
        and votes in the association; (ii) in a cooperative, the common 
        expense liability and the ownership interest and votes in the 
        association; and (iii) in a planned community, the common 
        expense liability and votes in the association. 
           (4) "Association" means the unit owners' association 
        organized under section 515B.3-101. 
           (5) "Board" means the body, regardless of name, designated 
        in the articles of incorporation, bylaws or declaration to act 
        on behalf of the association, or on behalf of a master 
        association when so identified. 
           (6) "CIC plat" means a common interest community plat 
        described in section 515B.2-110. 
           (7) "Common elements" means all portions of the common 
        interest community other than the units. 
           (8) "Common expenses" means expenditures made or 
        liabilities incurred by or on behalf of the association, or 
        master association when so identified, together with any 
        allocations to reserves. 
           (9) "Common expense liability" means the liability for 
        common expenses allocated to each unit pursuant to section 
        515B.2-108. 
           (10) "Common interest community" means contiguous or 
        noncontiguous real estate within Minnesota that is subject to an 
        instrument which obligates persons owning a separately described 
        parcel of the real estate, or occupying a part of the real 
        estate pursuant to a proprietary lease, by reason of their 
        ownership or occupancy, to pay for (i) real estate taxes levied 
        against; (ii) insurance premiums payable with respect to; (iii) 
        maintenance of; or (iv) construction, maintenance, repair or 
        replacement of improvements located on one or more parcels or 
        parts of the real estate other than the parcel or part that the 
        person owns or occupies. 
           (11) "Condominium" means a common interest community in 
        which (i) portions of the real estate are designated as units, 
        (ii) the remainder of the real estate is designated for common 
        ownership solely by the owners of the units, and (iii) undivided 
        interests in the common elements are vested in the unit owners. 
           (12) "Conversion property" means real estate on which is 
        located a building that at any time within two years before 
        creation of the common interest community was occupied as a 
        residence wholly or partially by persons other than purchasers 
        and persons who occupy with the consent of purchasers. 
           (13) "Cooperative" means a common interest community in 
        which the real estate is owned by an association, each of whose 
        members is entitled by virtue of the member's ownership interest 
        in the association to a proprietary lease. 
           (14) "Dealer" means a person in the business of selling 
        units for the person's own account. 
           (15) "Declarant" means: 
           (i) if the common interest community has been created, (A) 
        any person who has executed a declaration, or an amendment to a 
        declaration to add additional real estate, except secured 
        parties, persons whose interests in the real estate will not be 
        transferred to unit owners, or, in the case of a leasehold 
        common interest community, a lessor who possesses no special 
        declarant rights and who is not an affiliate of a declarant who 
        possesses special declarant rights, or (B) any person who 
        reserves, or succeeds under section 515B.3-104 to any special 
        declarant rights; or 
           (ii) any person or persons acting in concert who have 
        offered prior to creation of the common interest community to 
        transfer their interest in a unit to be created and not 
        previously transferred. 
           (16) "Declaration" means any instrument, however 
        denominated, including any amendment to the instrument, that 
        creates a common interest community. 
           (17) "Dispose" or "disposition" means a voluntary transfer 
        to a purchaser of any legal or equitable interest in the common 
        interest community, but the term does not include the transfer 
        or release of a security interest. 
           (18) "Flexible common interest community" means a common 
        interest community to which additional real estate may be added. 
           (19) "Leasehold common interest community" means a common 
        interest community in which all or a portion of the real estate 
        is subject to a lease the expiration or termination of which 
        will terminate the common interest community or reduce its size. 
           (20) "Limited common element" means a portion of the common 
        elements allocated by the declaration or by operation of section 
        515B.2-102(d) or (f) for the exclusive use of one or more but 
        fewer than all of the units. 
           (21) "Master association" means an entity that directly or 
        indirectly exercises any of the powers set forth in section 
        515B.3-102 on behalf of one or more members described in section 
        515B.2-121(b), (i), (ii) or (iii), whether or not it also 
        exercises those powers on behalf of one or more property owners 
        associations described in section 515B.2-121(b)(iv).  An entity 
        hired by an association to perform maintenance, repair, 
        accounting, bookkeeping or management services is not, solely by 
        virtue of that relationship, a master association. 
           (22) "Period of declarant control" means the time period 
        provided for in section 515B.3-103(c) during which the declarant 
        may appoint and remove officers and directors of the association.
           (23) "Person" means an individual, corporation, limited 
        liability company, partnership, trustee under a trust, personal 
        representative, guardian, conservator, government, governmental 
        subdivision or agency, or other legal or commercial entity 
        capable of holding title to real estate. 
           (24) "Planned community" means a common interest community 
        that is not a condominium or a cooperative.  A condominium or 
        cooperative may be a part of a planned community. 
           (25) "Proprietary lease" means an agreement with a 
        cooperative association whereby a member of the association is 
        entitled to exclusive possession of a unit in the cooperative. 
           (26) "Purchaser" means a person, other than a declarant, 
        who by means of a voluntary transfer acquires a legal or 
        equitable interest in a unit other than (i) a leasehold interest 
        of less than 20 years, including renewal options, or (ii) a 
        security interest. 
           (27) "Real estate" means any fee simple, leasehold or other 
        estate or interest in, over, or under land, including 
        structures, fixtures, and other improvements and interests that 
        by custom, usage, or law pass with a conveyance of land though 
        not described in the contract of sale or instrument of 
        conveyance.  "Real estate" may include spaces with or without 
        upper or lower boundaries, or spaces without physical boundaries.
           (28) "Residential use" means use as a dwelling, whether 
        primary, secondary or seasonal, but not transient use such as 
        hotels or motels. 
           (29) "Secured party" means the person owning a security 
        interest as defined in paragraph (30). 
           (30) "Security interest" means a perfected interest in real 
        estate or personal property, created by contract or conveyance, 
        which secures payment or performance of an obligation.  The term 
        includes a mortgagee's interest in a mortgage, a vendor's 
        interest in a contract for deed, a lessor's interest in a lease 
        intended as security, a holder's interest in a sheriff's 
        certificate of sale during the period of redemption, an 
        assignee's interest in an assignment of leases or rents intended 
        as security, a lender's interest in a cooperative share loan, a 
        pledgee's interest in the pledge of an ownership interest, or 
        any other interest intended as security for an obligation under 
        a written agreement. 
           (31) "Special declarant rights" means rights reserved in 
        the declaration for the benefit of a declarant to: 
           (i) complete improvements indicated on the CIC plat; 
           (ii) add additional real estate to a common interest 
        community; 
           (iii) create units, common elements, or limited common 
        elements within a common interest community; (iv) subdivide 
        units or convert units into common elements, limited common 
        elements and/or units; 
           (v) (iv) maintain sales offices, management offices, signs 
        advertising the common interest community, and models; 
           (vi) (v) use easements through the common elements for the 
        purpose of making improvements within the common interest 
        community or any additional real estate; 
           (vii) (vi) create a master association and provide for the 
        exercise of authority by the master association over the common 
        interest community or its unit owners; 
           (viii) (vii) merge or consolidate a common interest 
        community with another common interest community of the same 
        form of ownership; or 
           (ix) (viii) appoint or remove any officer or director of 
        the association, or any the master association where applicable, 
        during any period of declarant control. 
           (32) "Time share" means a right to occupy a unit or any of 
        several units during three or more separate time periods over a 
        period of at least three years, including renewal options, 
        whether or not coupled with an estate or interest in a common 
        interest community or a specified portion thereof. 
           (33) "Unit" means a physical portion of a common interest 
        community the boundaries of which are described in the common 
        interest community's declaration and which is intended for 
        separate ownership or separate occupancy pursuant to a 
        proprietary lease. 
           (34) "Unit identifier" means English letters or Arabic 
        numerals, or a combination thereof, which identify only one unit 
        in a common interest community and which meet the requirements 
        of section 515B.2-104. 
           (35) "Unit owner" means a declarant or other person who 
        owns a unit, or a lessee of a unit in a leasehold common 
        interest community whose lease expires simultaneously with any 
        lease the expiration or termination of which will remove the 
        unit from the common interest community, but does not include a 
        secured party.  In a common interest community, the declarant is 
        the unit owner of a unit until that unit has been conveyed to 
        another person. 
           Sec. 6.  Minnesota Statutes 1994, section 515B.1-116, is 
        amended to read: 
           515B.1-116 [RECORDING.] 
           (a) A declaration, bylaws, any amendment to a declaration 
        or bylaws, and any other instrument affecting a common interest 
        community shall be entitled to be recorded.  In those counties 
        which have a tract index, the county recorder shall enter the 
        declaration in the tract index for each unit affected.  The 
        registrar of titles shall file the declaration on the 
        certificate of title for each unit affected. 
           (b) The recording officer shall upon request promptly 
        assign a number (CIC number) to a common interest community to 
        be formed or to a common interest community resulting from the 
        merger of two or more common interest communities. 
           (c) Documents recorded pursuant to this chapter shall in 
        the case of registered land be filed, and references to the 
        recording of documents shall mean filed in the case of 
        registered land. 
           (d) Subject to any specific requirements of this chapter, 
        if any document to be recorded pursuant to this chapter requires 
        approval by a certain vote or agreement of the unit owners or 
        secured parties, an affidavit of the secretary of the 
        association stating that the required vote or agreement has 
        occurred shall be attached to the document and shall constitute 
        prima facie evidence of the representations contained therein. 
           (e) If a common interest community is located on registered 
        land, the recording fee for any document affecting two or more 
        units shall be the then-current fee for registering the document 
        on the certificates of title for the first ten affected 
        certificates and one-third of the then-current fee for each 
        additional affected certificate.  This provision shall not apply 
        to recording fees for deeds of conveyance, with the exception of 
        deeds given pursuant to sections 515B.2-119 and 515B.3-112. 
           (f) An amendment to or restatement of a declaration or 
        bylaws, or an amended CIC plat, approved by the required vote of 
        unit owners of an association may be recorded without the 
        necessity of paying the current or delinquent taxes on any of 
        the units in the common interest community. 
           (g) The registrar of titles shall not require the filing on 
        certificates of title previously issued for units in a flexible 
        common interest community of an amendment to a declaration 
        pursuant to section 515B.2-111 made solely to add additional 
        real estate. 
           Sec. 7.  Minnesota Statutes 1994, section 515B.2-104, is 
        amended to read: 
           515B.2-104 [DESCRIPTION OF UNITS.] 
           (a) A description of a unit is legally sufficient if it 
        sets forth (i) the unit identifier of the unit, (ii) the number 
        assigned to the common interest community by the recording 
        officer, and (iii) the county in which the unit is located. 
           (b) The unit identifier shall be stated in the 
        declaration.  If the CIC plat for a planned community complies 
        with chapter 505, 508, or 508A, then the declaration shall 
        designate the lot, block, and subdivision name, or the tract and 
        registered land survey number, as the unit identifier a 
        description of a unit in the planned community is legally 
        sufficient if it is stated in terms of a plat or registered land 
        survey.  Any instrument conveying or asserting an interest in a 
        unit shall reference the county and the common interest 
        community number immediately following the name of the plat or 
        registered land survey.  In all other planned communities whose 
        CIC plats comply with section 515B.2-110(c), and in all 
        condominiums and cooperatives created under this chapter, a unit 
        identifier shall contain no more than six characters, only one 
        of which may be a letter. 
           (c) A description which conforms to the requirements of 
        this section shall be deemed to include all rights, obligations, 
        and interests appurtenant to the unit which were created by the 
        declaration or bylaws, or by this chapter, whether or not those 
        rights, obligations, or interests are expressly described. 
           (d) If the CIC plat for a planned community complies with 
        section 515B.2-110(c) a description of the common elements is 
        legally sufficient if it sets forth (i) the words "common 
        elements," (ii) the number assigned to the common interest 
        community by the recording officer, and (iii) the county in 
        which the common elements are located.  The common elements may 
        consist of separate parcels of real estate, in which case each 
        parcel shall be separately identified on the CIC plat and in any 
        recorded instrument referencing a separate parcel of the common 
        elements. 
           Sec. 8.  Minnesota Statutes 1994, section 515B.2-105, is 
        amended to read: 
           515B.2-105 [CONTENTS OF DECLARATION; ALL COMMON INTEREST 
        COMMUNITIES.] 
           (a) The declaration shall contain: 
           (1) the number of the common interest community, whether 
        the common interest community is a condominium, planned 
        community or cooperative, and the names name of the common 
        interest community and the association;, which shall appear at 
        the top of the first page of the declaration in the following 
        format: 
                      Common Interest Community No. ....
                     (Type of Common Interest Community)
           
                     (Name of Common Interest Community)
                                (DECLARATION)
           (2) a statement that as to whether the common interest 
        community is either a condominium, cooperative, or planned 
        community, and whether it is or is not subject to a master 
        association; 
           (3) the name of the association, a statement that the 
        association has been incorporated and a reference to the statute 
        under which it was incorporated; 
           (4) a legally sufficient description of the real estate 
        included in the common interest community, including the name of 
        the county, and any appurtenant easements; 
           (5) a description of the boundaries of each unit created by 
        the declaration and the unit's unit identifier; 
           (6) in a planned community containing common elements, a 
        legally sufficient description of the common elements; 
           (7) in a cooperative, a statement as to whether the unit 
        owners' interests in all units and their allocated interests are 
        real estate or personal property; 
           (8) an allocation to each unit of the allocated interests 
        in the manner described in section 515B.2-108; 
           (9) a statement of (i) the total number of units and (ii) 
        which units will be restricted to residential use and which 
        units will be restricted to nonresidential use; 
           (10) a statement of the maximum number of units which may 
        be created by the subdivision or conversion of units owned by 
        the declarant pursuant to section 515B.2-112; 
           (11) any material restrictions on use, occupancy, or 
        alienation of the units, or on the sale price of a unit or on 
        the amount that may be received by an owner on sale, 
        condemnation or casualty loss to the unit or to the common 
        interest community, or on termination of the common interest 
        community; provided, that these requirements shall not affect 
        the power of the association to adopt, amend or revoke rules and 
        regulations pursuant to section 515B.3-102; 
           (12) a statement as to whether time shares are permitted; 
        and 
           (13) all matters required by sections 515B.1-103(31), 
        Special Declarant Rights; 515B.2-107, Leaseholds; 515B.2-109, 
        Common Elements and Limited Common Elements; 515B.2-110, Common 
        Interest Community Plat; 515B.3-115, Assessments for Common 
        Expenses; and 515B.2-121, Master Associations.  
           (b) The declaration may contain any other matters the 
        declarant considers appropriate. 
           Sec. 9.  Minnesota Statutes 1994, section 515B.2-109, is 
        amended to read: 
           515B.2-109 [COMMON ELEMENTS AND LIMITED COMMON ELEMENTS.] 
           (a) Common elements other than limited common elements may 
        be used in common by all unit owners.  Limited common elements 
        are designated for the exclusive use of the unit owners of the 
        unit or units to which the limited common elements are 
        allocated, subject to subsection (b) and the rights of the 
        association as set forth in the declaration, the bylaws or this 
        chapter. 
           (b) Except for the limited common elements described in 
        section 515B.2-102, subsections (d) and (f), the declaration 
        shall specify to which unit or units each limited common element 
        is allocated. 
           (c) If the declaration so provides, An allocation of 
        limited common elements may be changed.  The reallocation shall 
        be accomplished by an amendment to the declaration executed by 
        the unit owners between or among whose units the reallocation is 
        made and the association.  The unit owners required to execute 
        the amendment shall submit to the association an application, 
        including a proposed amendment, for approval shall be approved 
        by the board of directors of the association as to form, and 
        compliance with the declaration and this chapter.  The 
        association shall establish fair and reasonable procedures and 
        time frames for the submission and processing of the 
        applications reallocations, and shall maintain records thereof.  
        If approved, the unit owners executing association shall cause 
        the amendment shall promptly record to be recorded promptly.  
        The amendment and deliver a copy of the recorded amendment to 
        the association shall be effective when recorded.  The 
        association may require the unit owners executing the amendment 
        requesting the reallocation to pay all fees and costs for 
        reviewing, preparing and recording the amendment and any amended 
        CIC plat. 
           Sec. 10.  Minnesota Statutes 1994, section 515B.2-110, is 
        amended to read: 
           515B.2-110 [COMMON INTEREST COMMUNITY PLAT (CIC PLAT).] 
           (a) The CIC plat is required for condominiums and planned 
        communities, and cooperatives in which the unit owners' 
        interests are characterized as real estate.  The CIC plat for a 
        planned community which does not comply with subsection (c) may 
        consist of all or part of the subdivision plat satisfying the 
        requirements of chapter 505, 508, or 508A, and the number of the 
        common interest community need not appear on the CIC plat.  The 
        CIC plat is a part of the declaration, but need not be 
        physically attached to the declaration.  The CIC plat is 
        required for condominiums and planned communities, in 
        condominiums, and in cooperatives in which the unit owners' 
        interests are characterized as real estate, but need not be 
        physically attached to the declaration.  In cooperatives in 
        which the unit owners' interests are characterized as personal 
        property, a CIC plat shall not be required.  In lieu of a CIC 
        plat, the declaration or any amendment to it creating, 
        converting, or subdividing units in a personal property 
        cooperative shall include an exhibit containing a scale drawing 
        of each building, identifying the building, and showing the 
        perimeter walls of each unit created or changed by the 
        declaration or the any amendment to it, including the unit's 
        unit identifier, and its location within the building if the 
        building contains more than one unit. 
           (b) The CIC plat for condominiums, for planned communities 
        using a plat complying with subsection (c), and for cooperatives 
        in which the unit owners' interests are characterized as real 
        estate, shall contain certifications by a registered 
        professional land surveyor and registered professional 
        architect, as to the parts of the CIC plat prepared by each, 
        that (i) the CIC plat accurately depicts all information 
        required by this section, and (ii) the work was undertaken by, 
        or reviewed and approved by, the certifying land surveyor or 
        architect.  The portions of the CIC plat depicting the 
        dimensions of the portions of a condominium or cooperative the 
        common interest community described in subsections (c)(8), (9), 
        (10), and (12), may be prepared by either a land surveyor or an 
        architect.  The other portions of the CIC plat shall be prepared 
        only by a land surveyor.  Certification by the land surveyor or 
        architect does not constitute a guaranty or warranty of the 
        nature, suitability, or quality of construction of any 
        improvements located or to be located in the common interest 
        community. 
           (c) A CIC plat for a condominium or cooperative shall show: 
           (1) the number of the common interest community, and the 
        boundaries, dimensions and a legally sufficient description of 
        the land included therein; 
           (2) the dimensions and location of all existing, material 
        structural improvements and roadways; 
           (3) the intended location and dimensions of any 
        contemplated common element improvements to be constructed 
        within the common interest community after the filing of the CIC 
        plat, labeled either "MUST BE BUILT" or "NEED NOT BE BUILT"; 
           (4) the location and dimensions of any additional real 
        estate, labeled as such, and a legally sufficient description of 
        the additional real estate; 
           (5) the extent of any encroachments by or upon any portion 
        of the common interest community; 
           (6) the location and dimensions of all recorded easements 
        within the common interest community serving or burdening any 
        portion of the common interest community; 
           (7) the distance and direction between noncontiguous 
        parcels of real estate; 
           (8) the location and dimensions of limited common elements, 
        for example, storage lockers, porches, balconies, decks and 
        patios, other than limited common elements described in section 
        515B.2-102, subsections (b) and (d) and (f); 
           (9) the location and dimensions of the front, rear, and 
        side boundaries of each unit and that unit's unit identifier; 
           (10) the location and dimensions of the upper and lower 
        boundaries of each unit with reference to an established or 
        assumed datum and that unit's unit identifier; 
           (11) a legally sufficient description of any real estate in 
        which the unit owners will own only an estate for years, labeled 
        as "leasehold real estate"; 
           (12) any units which may be converted by the declarant to 
        create additional units or common elements identified separately.
           (d) A CIC plat for a planned community either shall comply 
        with subsection (c) or it shall: 
           (1) show the number of the common interest community; 
           (2) satisfy the requirements of chapter 505, 508, or 508A, 
        as applicable; and 
           (3) (2) satisfy the platting requirements of any 
        governmental authority within whose jurisdiction the planned 
        community is located, subject to the limitations set forth in 
        section 515B.1-106. 
           (e) If a declarant adds additional real estate, the 
        declarant shall record a supplemental CIC plat or plats for the 
        real estate being added, conforming to the requirements of 
        subsections (b) and (c) in the case of a condominium or 
        cooperative, and subsections (b) and (d) in the case of a 
        planned community this section which apply to the type of common 
        interest community in question.  If less than all additional 
        real estate is being added, the supplemental CIC plat for a 
        condominium or cooperative, a planned community whose CIC plat 
        complies with subsection (c), or a cooperative in which the unit 
        owners' interests are characterized as real estate, shall also 
        show the location and dimensions of the remaining portion. 
           (f) If a declarant subdivides or converts any unit into two 
        or more units, common elements or limited common elements, the 
        declarant shall record an amendment to the CIC plat showing the 
        location and dimensions of any new units, common elements and 
        limited common elements thus created. 
           Sec. 11.  Minnesota Statutes 1994, section 515B.3-112, is 
        amended to read: 
           515B.3-112 [CONVEYANCE OR ENCUMBRANCE OF COMMON ELEMENTS.] 
           (a) In a condominium or planned community, unless the 
        declaration provides otherwise, portions of the common elements 
        may be conveyed or subjected to a security interest by the 
        association if persons entitled to cast at least 67 percent of 
        the votes in the association, including 67 percent of the votes 
        allocated to units not owned by a declarant, or any larger 
        percentage the declaration specifies, approve that action in 
        writing or at a meeting; but all unit owners of units to which 
        any limited common element is allocated must agree in order to 
        convey that limited common element or subject it to a security 
        interest.  The declaration may specify a smaller percentage only 
        if all of the units are restricted to nonresidential use. 
           (b) In a cooperative, unless the declaration provides 
        otherwise, part of a cooperative may be conveyed, or all or a 
        part subjected to a security interest, by the association if 
        persons entitled to cast at least 67 percent of the votes in the 
        association, including 67 percent of the votes allocated to 
        units in which the declarant has no interest, or any larger 
        percentage the declaration specifies, approves that action in 
        writing or at a meeting.  If fewer than all of the units or 
        limited common elements are to be conveyed or subjected to a 
        security interest, then all unit owners of those units, or the 
        units to which those limited common elements are allocated, must 
        agree in order to convey those units or limited common elements 
        or subject them to a security interest.  The declaration may 
        specify a smaller percentage only if all of the units are 
        restricted to nonresidential use.  Any purported conveyance or 
        other voluntary transfer of an entire cooperative is void, 
        unless made pursuant to section 515B.2-119. 
           (c) The association, on behalf of the unit owners, may 
        contract to convey or encumber an interest in the common 
        elements of a common interest community pursuant to this 
        subsection, subject to the required approval.  After the 
        approval has been obtained, the association shall have a power 
        of attorney coupled with an interest to effect the conveyance or 
        encumbrance on behalf of all unit owners in the common interest 
        community, including the power to execute deeds, mortgages, or 
        other instruments of conveyance or security.  The instrument 
        conveying or creating the interest in the common interest 
        community shall be recorded and shall include as exhibits (i) an 
        affidavit of the secretary of the association certifying that 
        the approval required by this section has been obtained and (ii) 
        a schedule of the names of all unit owners and units in the 
        common interest community as of the date of the approval. 
           (d) Except as provided in section 515B.3-102(a)(9), unless 
        made pursuant to this section, any purported conveyance, 
        encumbrance, or other voluntary transfer of common elements, or 
        of any part of a cooperative, is void. 
           (e) In the case of a conveyance involving a condominium, or 
        a cooperative in which the unit owners' interests are 
        characterized as real estate, the association shall record, 
        simultaneously with the recording of the instrument of 
        conveyance, an amended CIC plat showing the real estate 
        constituting the common interest community exclusive of the real 
        estate conveyed.  In all common interest communities, upon 
        recording of the amended CIC plat instrument of conveyance, the 
        original CIC plat shall be deemed vacated as to the real estate 
        conveyed, the declaration, and all rights and obligations 
        arising therefrom, shall be deemed released and terminated as to 
        said the real estate and the interests of any secured party 
        shall be deemed released as to said real estate conveyed. 
           (f) A conveyance or encumbrance of common elements, or of a 
        cooperative, pursuant to this section shall not deprive any unit 
        of its rights of support, reasonable access or utility services. 
           (g) Except as provided in subsection (a), or unless the 
        declaration otherwise provides, a conveyance or encumbrance of 
        common elements pursuant to this section does not affect the 
        priority or validity of preexisting encumbrances. 
           (h) Any proceeds of the conveyance or creation of a 
        security interest under this section are an asset of the 
        association. 
           (i) This section shall not apply to any conveyance or 
        encumbrance of any interest in a proprietary lease. 
           Sec. 12.  Minnesota Statutes 1994, section 515B.3-115, is 
        amended to read: 
           515B.3-115 [ASSESSMENTS FOR COMMON EXPENSES.] 
           (a) If a common expense assessment has not been levied, the 
        declarant shall pay all accrued expenses of the common interest 
        community.  If a common expense assessment has been levied, all 
        unit owners including the declarant shall pay the assessments 
        allocated to their units, except as otherwise permitted by this 
        section.  Subject to the requirements of this section, a 
        declarant may institute an one, but not both, of the alternative 
        assessment program programs described in subsections (a)(1) and 
        (a)(2), whereby: 
           (1) if a common expense assessment has been levied, the 
        declarant purchaser shall pay when due only the common expenses 
        up to a specified limit guaranteed by the declarant, and the 
        declarant shall pay all common expenses in excess of a specified 
        guaranty the limit; or 
           (2) if a common expense assessment has been levied in a 
        planned community, the declarant may limit its liability for 
        assessments on units owned by it to 25 percent or any greater 
        percentage of any assessment levied until such time as a 
        certificate of occupancy is issued by the municipality in which 
        the common interest community is located for the unit or units 
        owned by the declarant. 
           (b) The alternative assessment programs described in 
        subsection (a)(1) or (2), shall be permitted only by including 
        in the declaration, and the disclosure statement required by 
        section 515B.4-102, provisions authorizing declarant to 
        establish an alternative assessment program and a detailed 
        explanation of the program, including at a minimum, as 
        applicable, (i) the maximum amount of any guaranty on a monthly 
        and aggregate basis with respect to each type of unit, (ii) the 
        minimum and maximum duration of the alternative assessment 
        program, (iii) the time when the declarant's authority to 
        commence the alternative assessment program expires, which shall 
        be no later than the expiration of any period of declarant 
        control, and (iv) a statement that the alternative assessment 
        program will have no effect on the level of services for items 
        set forth in the association's budget, or a statement that no 
        assurances are made in those regards. 
           (c) Notwithstanding any disclosure in the declaration or 
        disclosure statement, the declarant shall give the unit owners 
        at least 60 days prior notice of the termination of the 
        alternative assessment program, subject to any minimum duration 
        described in the declaration and disclosure statement. 
           (d) Any alternative assessment program instituted by 
        declarant shall not affect declarant's obligation to fund the 
        reserves disclosed in the association's budget included in the 
        disclosure statement or otherwise approved by the association. 
           (e) Any representations or agreements made by a declarant 
        with respect to an alternative assessment program shall be 
        enforceable against declarant by any unit owner or by the 
        association. 
           (f) After an assessment has been levied by the association, 
        assessments shall be levied at least annually, based upon a 
        budget approved at least annually by the association. 
           (g) Except as modified by subsections (a)(1) and (2), (h), 
        (i) and (j), all common expenses shall be assessed against all 
        the units in accordance with the allocations established by the 
        declaration pursuant to section 515B.2-108. 
           (h) Unless otherwise required by the declaration: 
           (1) any common expense associated with the maintenance, 
        repair, or replacement of a limited common element shall be 
        assessed against the units to which that limited common element 
        is assigned, equally, or in any other proportion the declaration 
        provides; 
           (2) any common expense or portion thereof benefiting fewer 
        than all of the units may be assessed exclusively against the 
        units benefited, equally, or in any other proportion the 
        declaration provides; 
           (3) the costs of insurance may be assessed in proportion to 
        risk or coverage, and the costs of utilities may be assessed in 
        proportion to usage; 
           (4) reasonable attorneys fees incurred by the association 
        in connection with (i) the collection of assessments and, (ii) 
        the enforcement of this chapter, the articles, bylaws, 
        declaration, or rules and regulations, against a unit owner, may 
        be assessed against the unit owner's unit; and 
           (5) fees, charges, late charges, fines and interest may be 
        assessed as provided in section 515B.3-116(a). 
           (i) Assessments levied under section 515B.3-116 to pay a 
        judgment against the association may be levied only against the 
        units in the common interest community at the time the judgment 
        was entered, in proportion to their common expense liabilities. 
           (j) If any damage to the common elements or another unit is 
        caused by the act or omission of any unit owner, or occupant of 
        a unit, or their invitees, the association may assess the costs 
        of repairing the damage exclusively against the unit owner's 
        unit to the extent not covered by insurance. 
           (k) Subject to any shorter period specified by the 
        declaration or bylaws, if any installment of an assessment 
        becomes more than 60 days past due, then the association may, 
        upon ten days written notice to the unit owner, declare the 
        entire amount of the assessment immediately due and payable in 
        full. 
           (l) If common expense liabilities are reallocated for any 
        purpose authorized by this chapter, common expense assessments 
        and any installment thereof not yet due shall be recalculated in 
        accordance with the reallocated common expense liabilities. 
           Sec. 13.  Minnesota Statutes 1994, section 582.25, is 
        amended to read: 
           582.25 [MORTGAGES; VALIDATING FORECLOSURE SALES.] 
           Every mortgage foreclosure sale by advertisement in this 
        state before the date specified in clause (A) of section 582.27, 
        under power of sale in the usual form contained in any mortgage 
        duly executed and recorded in the office of the county recorder 
        or registered with the registrar of titles of the proper county 
        of this state, together with the record of such foreclosure 
        sale, is, after expiration of the period specified in section 
        582.27, hereby legalized and made valid and effective to all 
        intents and purposes, as against any or all of the following 
        objections: 
           (1) That the power of attorney, recorded or filed in the 
        proper office prior to the date specified in section 582.27 to 
        foreclose the mortgage, provided for by section 580.05: 
           (a) Did not definitely describe and identify the mortgage, 
           (b) Did not definitely describe and identify the mortgage, 
        but instead described another mortgage between the same parties, 
           (c) Did not have the corporate seal affixed thereto, if 
        executed by a corporation, 
           (d) Had not been executed and recorded or filed prior to 
        sale, or had been executed prior to, but not recorded or filed 
        until after such sale, 
           (e) Was executed subsequent to the date of the printed 
        notice of sale or subsequent to the date of the first 
        publication of such notice; 
           (2) That no power of attorney to foreclose such mortgage as 
        provided in section 580.05, was ever given, or recorded, or 
        registered, when sale was made in this state prior to the date 
        specified in section 582.27; 
           (3) That the notice of sale: 
           (a) Was published only three, four or five times, or that 
        it was published six times but not for six weeks prior to the 
        date of sale, 
           (b) Properly described the property to be sold in one or 
        more of the publications thereof but failed to do so in the 
        other publications thereof, the correct description having been 
        contained in the copy of said notice served on the occupant of 
        the premises, 
           (c) Correctly stated the date of the month and hour and 
        place of sale but named a day of the week which did not fall on 
        the date given for such sale, or failed to state or state 
        correctly the year of such sale, 
           (d) Correctly described the real estate but omitted the 
        county and state in which said real estate is located, 
           (e) Correctly described the land by government subdivision, 
        township and range, but described it as being in a county other 
        than that in which said mortgage foreclosure proceedings were 
        pending, and other than that in which said government 
        subdivision was actually located, 
           (f) Did not state the amount due or failed to state the 
        correct amount due or claimed to be due, 
           (g) Incorrectly stated the municipal status of the place 
        where the sale was to occur, 
           (h) In one or more of the publications thereof, or in the 
        notice served on the occupant or occupants designated either a 
        place or a time of sale other than that stated in the 
        certificate of sale, 
           (i) Failed to state the names of one or more of the 
        assignees of the mortgage and described the subscriber thereof 
        as mortgagee instead of assignee, 
           (j) Failed to state or incorrectly stated the name of the 
        mortgagor, the mortgagee, or assignee of mortgagee, 
           (k) Was not served upon persons whose possession of the 
        mortgaged premises was otherwise than by their personal presence 
        thereon, if a return or affidavit was recorded or filed as a 
        part of the foreclosure record that at a date at least four 
        weeks prior to the sale the mortgaged premises were vacant and 
        unoccupied, 
           (l) Was not served upon all of the parties in possession of 
        the mortgaged premises, provided it was served upon one or more 
        of such parties, 
           (m) Was not served upon the persons in possession of the 
        mortgaged premises, if, at least two weeks before the sale was 
        actually made, a copy of the notice was served upon the owner in 
        the manner provided by law for service upon the occupants, or 
        the owner received actual notice of the proposed sale, 
           (n) Gave the correct description at length, and an 
        incorrect description by abbreviation or figures set off by the 
        parentheses, or vice versa, 
           (o) Was served personally upon the occupants of the 
        premises as such, but said service was less than four weeks 
        prior to the appointed time of sale, 
           (p) Did not state the original principal amount secured, or 
        failed to state the correct original principal amount secured; 
           (4) That distinct and separate parcels of land were sold 
        together as one parcel and to one bidder for one bid for the 
        whole as one parcel; 
           (5) That no authenticated copy of the order appointing, or 
        letters issued to a foreign representative of the estate of the 
        mortgagee or assignee, was properly filed or recorded, provided 
        such order or letters have been filed or recorded in the proper 
        office prior to the date specified in section 582.27 one year 
        after the last day of the redemption period of the mortgagor, 
        the mortgagor's personal representatives or assigns; 
           (6) That every a holder of a mortgage foreclosure sale by 
        advertisement by was a representative appointed by a court of 
        competent jurisdiction in another state or county in which 
        before the foreclosure sale an authenticated copy of the 
        representative's letters or other record of authority has been 
        were filed for record in the office of the county recorder of 
        the proper county but no certificate was filed and recorded 
        therewith showing that said letters or other record of authority 
        were still in force, is hereby legalized and made valid and 
        effective to all intents and purposes notwithstanding such 
        omission; 
           (7) (a) That said mortgage was assigned by a decree of a 
        probate court in which decree the mortgage was not specifically 
        or sufficiently described, 
           (b) That the mortgage foreclosed had been assigned by the 
        final decree of the probate court to the heirs, devisees, or 
        legatees of the deceased mortgagee, or the mortgagee's assigns, 
        and subsequent thereto and before the representative of the 
        estate had been discharged by order of the probate court, the 
        representative had assigned the mortgage to one of the heirs, 
        devisees, or legatees named in such final decree, and such 
        assignment placed on record and the foreclosure proceedings 
        conducted in the name of such assignee and without any 
        assignment of the mortgage from the heirs, devisees, or legatees 
        named in such final decree, and the mortgaged premises bid in at 
        the sale by such assignee, and the sheriff's certificate of 
        sale, with accompanying affidavits recorded in the office of the 
        county recorder of the proper county, 
           (c) That a mortgage owned by joint tenants or tenants in 
        common was foreclosed by only one tenant; 
           (8) That the sheriff's certificate of sale or the 
        accompanying affidavits and return of service were not executed, 
        filed or recorded within 20 days after the date of sale, but 
        have been executed and filed or recorded prior to the date 
        specified in section 582.27 the last day of the redemption 
        period of the mortgagor, the mortgagor's personal 
        representatives or assigns; 
           (9) That the year, or the month, or the day, or the hour of 
        the sale is omitted or incorrectly or insufficiently stated in 
        the notice of sale or the sheriff's certificate of sale; 
           (10)(a) That prior to the foreclosure no registration tax 
        was paid on the mortgage, provided such tax had been paid prior 
        to the date specified in section 582.27 one year after the last 
        day of the redemption period of the mortgagor, the mortgagor's 
        personal representatives or assigns, 
           (b) That an insufficient registration tax has been paid on 
        the mortgage; 
           (11) That the date of the mortgage or any assignment 
        thereof or the date, the month, the day, hour, book, and page, 
        or document number of the record or filing of the mortgage or 
        any assignment thereof, in the office of the county recorder or 
        registrar of titles is omitted or incorrectly or insufficiently 
        stated in the notice of sale or in any of the foreclosure 
        papers, affidavits or instruments; 
           (12) That the notice of mortgage foreclosure sale or 
        sheriff's certificate of sale designated the place of sale as 
        the office of a county official located in the court house of 
        the county when such office was not located in such court house; 
           (13) That no notice of the pendency of the proceedings to 
        enforce or foreclose the mortgage as provided in section 508.57, 
        was filed with the registrar of titles or no memorial thereof 
        was entered on the register at the time of or prior to the 
        commencement of such proceedings; or that when required by 
        section 508.57, the notice of mortgage foreclosure sale failed 
        to state the fact of registration; 
           (14) That the power of attorney to foreclose or the notice 
        of sale was signed by the person who was the representative of 
        an estate, but failed to state or correctly state the person's 
        representative capacity; 
           (15) That the complete description of the property 
        foreclosed was not set forth in the sheriff's certificate of 
        sale, if said certificate correctly refers to the mortgage by 
        book and page numbers or document number and date of filing and 
        the premises are accurately described in the printed notice of 
        sale annexed to said foreclosure sale record containing said 
        sheriff's certificate of sale; 
           (16) That the date of recording of the mortgage was 
        improperly stated in the sheriff's certificate of mortgage 
        foreclosure sale, the mortgage being otherwise properly 
        described in said sheriff's certificate of mortgage foreclosure 
        sale and said certificate of mortgage foreclosure sale further 
        referring to the printed notice of mortgage foreclosure sale 
        attached to said sheriff's certificate of mortgage foreclosure 
        sale in which printed notice the mortgage and its recording was 
        properly described; 
           (17) That prior to the first publication of the notice of 
        sale in foreclosure of a mortgage by advertisement, an action or 
        proceeding had been instituted for the foreclosure of said 
        mortgage or the recovery of the debt secured thereby and such 
        action or proceeding had not been discontinued; 
           (18) That at the time and place of sale the sheriff 
        considered and accepted a bid submitted prior to the date of the 
        sale by the owner of the mortgage and sold the mortgaged 
        premises for the amount of such bid, no other bid having been 
        submitted, and no one representing the owner of the mortgage 
        being present at the time and place of sale; 
           (19) That such sale was postponed by the sheriff to a date 
        or time subsequent to the one specified in the notice of sale 
        but there was no publication or posting of a notice of such 
        postponement; 
           (20) That there was not recorded with letters or other 
        record of authority issued to a representative appointed by a 
        court of competent jurisdiction in another state or county, a 
        certificate that said letters or other record of authority were 
        still in force and effect; 
           (21) That the sheriff's affidavit of sale correctly stated 
        in words the sum for which said premises were bid in and 
        purchased by the mortgagee, but incorrectly stated the same in 
        figures immediately following the correct amount in words.; 
           (22) That the notice of pendency of the foreclosure as 
        required by section 580.032 was not filed for record before the 
        first date of publication of the foreclosure notice, but was 
        filed before the date of sale. 
           Sec. 14.  Minnesota Statutes 1994, section 582.27, is 
        amended to read: 
           582.27 [EFFECTIVE DATES FOR APPLICATION OF CURATIVE 
        PROVISIONS.] 
           Subdivision 1.  [SECTION 582.25.] The following schedule 
        specifies the dates to be applied to Upon expiration of the 
        periods specified in this section, the provisions of section 
        582.25 apply to a mortgage foreclosure sale subject to this 
        section: 
           (A) as to the general provision all of the provisions of 
        section 582.25, April 1, 1991 except clause (2), one year after 
        the last day of the redemption period of the mortgagor, the 
        mortgagor's personal representatives or assigns; 
           (B) as to clause (1), April 16, 1992; 
           (C) as to clause (2), January 1, 1982 ten years after the 
        date of the foreclosure sale; 
           (D) as to clause (5), April 16, 1992; 
           (E) as to clause (8), April 16, 1992; 
           (F) as to clause (10) (a), April 16, 1992. 
           Subd. 2.  [SECTION 582.26.] The date of the report of sale 
        to which section 582.26 applies is April 16, 1992 one year after 
        the date of the foreclosure sale. 
           Subd. 3.  [PENDING AND NEWLY COMMENCED ACTIONS.] 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.  Laws 
        1992, chapter 463, 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. 
           The amendments to the provisions of sections 582.25 to 
        582.27 by this act shall not affect any action pending on August 
        1, 1995, or which shall be commenced before February 1, 1996, in 
        any of the courts of the state, involving the validity of a 
        foreclosure. 
           Sec. 15.  [EFFECTIVE DATE.] 
           Sections 4 to 12 are effective June 1, 1995. 
           Sections 13 and 14 take effect the day after final 
        enactment. 
           Presented to the governor April 24, 1995 
           Signed by the governor April 25, 1995, 2:16 p.m.