2005 Minnesota Statutes

     582.039 Mediation notice for agricultural property. 

    Subdivision 1.    Requirement.  A person may not begin a 
 proceeding under this chapter or chapter 580 to foreclose a 
 mortgage on agricultural property subject to sections 583.20 to 
 583.32 that has a secured debt of more than $5,000 unless:  (1) 
 a mediation notice is served on the mortgagor after a default 
 has occurred in the mortgage and a copy is served on the 
 director and the mortgagor and mortgagee have completed 
 mediation under sections 583.20 to 583.32; or (2) as otherwise 
 allowed under sections 583.20 to 583.32. 

    Subd. 2.    Contents.  A mediation notice must contain 
 the following notice with the blanks properly filled in.  

    "TO:  ....(Name of Record Owner).... 

    YOU HAVE DEFAULTED ON THE MORTGAGE OF THE AGRICULTURAL 
 PROPERTY DESCRIBED AS ....(Size and Reasonable Location, Not 
 Legal Description).... 

    AS HOLDER OF THE MORTGAGE, ....(Name of Holder of 
 Mortgage).... INTENDS TO FORECLOSE ON THE PROPERTY DESCRIBED 
 ABOVE. 

    YOU HAVE THE RIGHT TO HAVE THE MORTGAGE DEBT REVIEWED FOR 
 MEDIATION.  IF YOU REQUEST MEDIATION, A DEBT THAT IS IN DEFAULT 
 WILL BE MEDIATED ONLY ONCE.  IF YOU DO NOT REQUEST MEDIATION, 
 THIS DEBT WILL NOT BE SUBJECT TO FUTURE MEDIATION IF THE SECURED 
 PARTY ENFORCES THE DEBT. 

    IF YOU PARTICIPATE IN MEDIATION, THE DIRECTOR OF THE 
 AGRICULTURAL EXTENSION SERVICE WILL PROVIDE AN ORIENTATION 
 MEETING AND A FINANCIAL ANALYST TO HELP YOU PREPARE FINANCIAL 
 INFORMATION.  IF YOU DECIDE TO PARTICIPATE IN MEDIATION, IT WILL 
 BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM FINANCE AND OPERATION 
 RECORDS AND TO CONTACT A COUNTY EXTENSION OFFICE AS SOON AS 
 POSSIBLE.  MEDIATION WILL ATTEMPT TO ARRIVE AT AN AGREEMENT FOR 
 HANDLING FUTURE FINANCIAL RELATIONS.  

    TO HAVE THE MORTGAGE DEBT REVIEWED FOR MEDIATION YOU MUST 
 FILE A MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14 DAYS AFTER 
 YOU RECEIVE THIS NOTICE.  THE MEDIATION REQUEST FORM IS 
 AVAILABLE AT ANY COUNTY RECORDER'S OR COUNTY EXTENSION OFFICE. 

    FROM:  ....(Name and Address of Holder of Mortgage)...." 

    HIST: 1986 c 398 art 1 s 4; 1987 c 292 s 10,38 

*   NOTE:  This section, as added by Laws 1986, chapter 398, 
*article 1, section 4, is repealed July 1, 2003.  Laws 1986, 
*chapter 398, article 1, section 18, as amended by Laws 1987, 
*chapter 292, section 37; Laws 1989, chapter 350, article 16, 
*section 8; Laws 1990, chapter 525, section 1; Laws 1991, chapter 
*208, section 2; Laws 1993, First Special Session chapter 2, 
*article 6, section 2; Laws 1995, chapter 212, article 2, section 
*11; Laws 1997, chapter 183, article 3, section 29; Laws 1998, 
*chapter 395, section 7; Laws 1998, chapter 402, section 6; Laws 
*1999, chapter 214, article 2, section 19; Laws 2001, chapter 
*195, article 1, section 23; and Laws 2001, First Special Session 
*chapter 2, section 150. 

*   NOTE:  This section, as added by Laws 1986, chapter 398, 
*article 1, section 4, is repealed June 30, 2005.  Laws 1986, 
*chapter 398, article 1, section 18, as amended by Laws 1987, 
*chapter 292, section 37; Laws 1989, chapter 350, article 16, 
*section 8; Laws 1990, chapter 525, section 1; Laws 1991, chapter 
*208, section 2; Laws 1993, First Special Session chapter 2, 
*article 6, section 2; Laws 1995, chapter 212, article 2, section 
*11; Laws 1997, chapter 183, article 3, section 29; Laws 1998, 
*chapter 395, section 7; Laws 1998, chapter 402, section 6; Laws 
*1999, chapter 214, article 2, section 19; and Laws 2001, First 
*Special Session chapter 1, article 2, section 25.