Minnesota Session Laws - 2003, Regular Session

                             CHAPTER 90-H.F.No. 894 
                  An act relating to property; modifying provisions 
                  relating to certificates of title to manufactured 
                  homes; amending Minnesota Statutes 2002, sections 
                  168A.141; 507.24, subdivision 2. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2002, section 168A.141, is 
        amended to read: 
           168A.141 [MANUFACTURED HOME AFFIXED TO REAL ESTATE 
        PROPERTY.] 
           Subdivision 1.  [PROCEDURE CERTIFICATES SURRENDERED FOR 
        CANCELLATION.] The owner of When a manufactured home which is 
        affixed as an improvement, as defined in section 273.125, 
        subdivision 8, paragraph (b), to real estate may property, and 
        financed by the giving of a mortgage on the real property, the 
        owner of the manufactured home shall surrender the 
        home's manufacturer's certificate of origin or certificate of 
        title to the department for cancellation.  The owner of the 
        manufactured home shall give the department the address 
        and location legal description of the real estate property.  The 
        department may require the filing of other information.  The 
        department must not issue a certificate of title for a 
        manufactured home under chapter 168A if the manufacturer's 
        certificate of origin is surrendered under this subdivision.  
        Upon surrender of the manufacturer's certificate of origin or 
        the certificate of title, the department shall issue notice of 
        surrender to the owner and the manufactured home is deemed to be 
        an improvement to real property.  The notice to surrender may be 
        recorded in the office of the county recorder or with the 
        registrar of titles if the land is registered but need not 
        contain an acknowledgment. 
           Subd. 2.  [PERFECTED SECURITY INTEREST AVOIDS 
        CANCELLATION.] The department may not cancel a certificate of 
        title if a security interest has been perfected on the 
        manufactured home.  If a security interest has been perfected, 
        the department shall notify the owner and each secured party 
        that the certificate of title and a description of the security 
        interest have been surrendered to the department and that the 
        department will not cancel the certificate of title until the 
        security interest is satisfied.  Permanent attachment to 
        real estate property does not extinguish an otherwise valid 
        security interest in or tax lien on the manufactured home.  
           Subd. 3.  [NOTICE OF SECURITY INTEREST AVOIDS 
        SURRENDER.] The manufacturer's certificate of origin or the 
        certificate of title need not be surrendered to the department 
        under subdivision 1 when a perfected security interest exists on 
        the manufactured home at the time the manufactured home is 
        affixed to real property, if the owner of the manufactured home 
        files a notice with the county recorder, or with the registrar 
        of titles, if the land is registered, stating that the 
        manufactured home located on the property is encumbered by a 
        perfected security interest.  The notice must state the name and 
        address of the secured party as set forth on the certificate of 
        title, the legal description of the real property, and the name 
        and address of the record fee owner of the real property on 
        which the manufactured home is affixed.  When the security 
        interest is released or satisfied, the secured party shall 
        attach a copy of the release or satisfaction to a notice 
        executed by the secured party containing the county recorder or 
        registrar of titles document number of the notice of security 
        interest.  The notice of release or satisfaction must be filed 
        with the county recorder, or registrar of titles, if the land is 
        registered.  Neither the notice described in this subdivision 
        nor the security interest on the certificate of title is deemed 
        to be an encumbrance on the real property.  The notices provided 
        for in this subdivision need not be acknowledged.  
           Sec. 2.  Minnesota Statutes 2002, section 507.24, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ORIGINAL SIGNATURES REQUIRED.] Unless otherwise 
        provided by law, an instrument affecting real estate that is to 
        be recorded as provided in this section or other applicable law 
        must contain the original signatures of the parties who execute 
        it and of the notary public or other officer taking an 
        acknowledgment.  However, a financing statement that is recorded 
        as a filing pursuant to section 336.9-502(b) need not contain:  
        (1) the signatures of the debtor or the secured party; or (2) an 
        acknowledgment.  Any electronic instruments, including 
        signatures and seals, affecting real estate may only be recorded 
        as part of a pilot project for the electronic filing of real 
        estate documents implemented by the task force created in Laws 
        2000, chapter 391.  Notices filed pursuant to section 168A.141, 
        subdivisions 1 and 3, need not contain an acknowledgment. 
           Sec. 3.  [EFFECTIVE DATE.] 
           Sections 1 and 2 are effective the day following enactment. 
           Presented to the governor May 20, 2003 
           Signed by the governor May 23, 2003, 3:30 p.m.