1.1 .................... moves to amend H. F. No. 3475 as follows:
1.2Delete everything after the enacting clause and insert:
1.3 "Section 1. Minnesota Statutes 2006, section 507.092, subdivision 1, is amended to
1.4read:
1.5 Subdivision 1.
To get tax statements. (a) No contract for deed or deed conveying
1.6fee title to real estate shall be recorded by the county recorder or registered by the registrar
1.7of titles until the name and address of the grantee, to whom future tax statements should be
1.8sent, is printed, typewritten, stamped or written on it in a legible manner. An instrument
1.9complies with this subdivision if it contains a statement in the following form: "Tax
1.10statements for the real property described in this instrument should be sent to:
1.11 ............... (
legal name
of grantee) ............... (
residential or business address)."
1.12 (b) The name provided under paragraph (a) must be the legal name of the grantee
1.13and the address must be the residential or business address of the grantee.
1.14EFFECTIVE DATE.This section applies to a contract for deed or deed conveying
1.15fee title to real estate executed on or after August 1, 2008.
1.16 Sec. 2. Minnesota Statutes 2007 Supplement, section 510.05, is amended to read:
1.17510.05 LIMITATIONS.
1.18 The amount of the homestead exemption shall not be reduced by and shall not extend
1.19to any mortgage lawfully obtained thereon, to any valid lien for taxes or assessments, to a
1.20claim filed pursuant to section
246.53 or 256B.15
, to any charge arising under the laws
1.21relating to laborers or material suppliers' liens or to any charge obtained
under section
1.22481.13 pursuant to a valid waiver of the homestead exemption.
1.23 Sec. 3. Minnesota Statutes 2007 Supplement, section 550.19, is amended to read:
1.24550.19 SERVICE ON JUDGMENT DEBTOR.
2.1 If the sale is of personal property, at or before the time of posting notice of sale, the
2.2officer shall serve a copy of the execution and inventory, and of the notice, upon the
2.3judgment debtor, if the debtor is a resident of the county, in the manner required by law
2.4for the service of a summons in a civil action. If the sale is of real property, a judgment
2.5creditor must, at least four weeks before the appointed time of sale, serve a copy of the
2.6notice of sale in like manner as a summons in a civil action in the district court upon the
2.7judgment debtor if the judgment debtor is a resident of the county and upon any person
2.8in possession of the homestead other than the judgment debtor. In addition, the notice
2.9of sale must also be served upon all persons who have recorded a request for notice in
2.10accordance with section
580.032.
2.11 Sec. 4. Minnesota Statutes 2007 Supplement, section 550.22, is amended to read:
2.12550.22 CERTIFICATE OF SALE OF REALTY.
2.13 When a sale of real property is made upon execution, or pursuant to a judgment or
2.14order of a court, unless otherwise specified therein, the officer shall execute and deliver
2.15to the purchaser a certificate containing:
2.16 (1) a description of the execution, judgment, or order;
2.17 (2) a description of the property;
2.18 (3) the date of the sale and the name of the purchaser;
2.19 (4) the price paid for each parcel separately;
2.20 (5) if subject to redemption, the time allowed by law therefor;
2.21 (6) the interest rate in effect on the date of the sheriff's sale; and
2.22 (6) (7) the amount of the debtor's homestead exemption, if any, as determined under
2.23section
550.175.
2.24 Such certificate shall be executed, acknowledged, and recorded in the manner
2.25provided by law for a conveyance of real property, shall be prima facie evidence of the
2.26facts stated, and, upon expiration of the time for redemption, shall operate as a conveyance
2.27to the purchaser of all the right, title, and interest of the person whose property is sold in
2.28and to the same, at the date of the lien upon which the same was sold. Any person desiring
2.29to perpetuate evidence that any real property sold under this section was not homestead
2.30real property may procure an affidavit by the person enforcing the judgment, or that
2.31person's attorney, or someone having knowledge of the facts, setting forth that the real
2.32property was not homestead real property. The affidavit shall be recorded by the county
2.33recorder or registrar of titles, and the affidavit and certified copies of the affidavit shall
2.34be prima facie evidence of the facts stated in the affidavit.
2.35 Sec. 5. Minnesota Statutes 2007 Supplement, section 550.24, is amended to read:
3.1550.24 REDEMPTION OF REALTY.
3.2 (a) Upon the sale of real property, if the estate sold is less than a leasehold of two
3.3years' unexpired term, the sale is absolute. In all other cases the property sold, or any
3.4portion thereof which has been sold separately, is subject to redemption as provided
3.5in this section.
3.6 (b) The judgment debtor, the debtor's heirs, successors, legal representatives, or
3.7assigns may redeem within one year after the day of sale, or order confirming sale if the
3.8property is a homestead, by paying, to the purchaser or the officer making the sale, the
3.9amount for which the property was sold with interest
at the rate stated in the certificate of
3.10sale, on the amount of the sale in excess of the homestead exemption, at the judgment rate
3.11and if the purchaser is a creditor having a prior lien, the amount thereof, with interest, on
3.12the amount of the sale in excess of the homestead exemption, at the judgment rate together
3.13with any costs as provided in sections
582.03 and
582.031.
3.14 (c) If there is no redemption during the debtor's redemption period, creditors having
3.15a lien, legal or equitable, on the property or some part thereof, subsequent to that on
3.16which it was sold may redeem in the manner provided for redemption by creditors of the
3.17mortgagor in section
580.24, in the order of their respective liens.
3.18 (d) If the property is abandoned during the judgment debtor's redemption period,
3.19the person holding the sheriff's certificate may request that the court reduce the judgment
3.20debtor's redemption period to five weeks using the procedures provided for a foreclosure
3.21by action in section
582.032, subdivision 5.
3.22 Sec. 6. Minnesota Statutes 2006, section 580.02, is amended to read:
3.23580.02 REQUISITES FOR FORECLOSURE.
3.24 To entitle any party to make such foreclosure, it is requisite:
3.25 (1) that some default in a condition of such mortgage has occurred, by which the
3.26power to sell has become operative;
3.27 (2) that no action or proceeding has been instituted at law to recover the debt then
3.28remaining secured by such mortgage, or any part thereof, or, if the action or proceeding
3.29has been instituted, that the same has been discontinued, or that an execution upon the
3.30judgment rendered therein has been returned unsatisfied, in whole or in part;
3.31 (3) that the mortgage has been recorded and, if it has been assigned, that all
3.32assignments thereof have been recorded; provided, that, if the mortgage is upon registered
3.33land, it shall be sufficient if the mortgage and all assignments thereof have been duly
3.34registered
; and
4.1 (4) before the notice of pendency as required under section 580.032 is recorded, the
4.2party has complied with section 580.021.
4.3 Sec. 7.
[580.021] FORECLOSURE PREVENTION COUNSELING.
4.4 Subdivision 1. Applicability. This section applies to foreclosure of mortgages under
4.5this chapter on property consisting of one to four family dwelling units, one of which
4.6the owner occupies as the owner's principal place of residency on the date of service of
4.7the notice of sale of the owner.
4.8 Subd. 2. Requirement to provide notice of opportunity for counseling. When
4.9the written notice required under section 47.20, subdivision 8, is provided and before the
4.10notice of pendency under section 580.032, subdivision 3, is filed, a party foreclosing on a
4.11mortgage must provide to the mortgagor information contained in a form prescribed in
4.12section 580.022, subdivision 1, that:
4.13 (1) foreclosure prevention counseling services provided by an authorized foreclosure
4.14prevention agency are available; and
4.15 (2) notice that the party will transmit the homeowner's name, address, and telephone
4.16number to an approved foreclosure prevention agency.
4.17 Nothing in this subdivision prohibits the notices required by this subdivision
4.18from being provided concurrently with the written notice required under section 47.20,
4.19subdivision 8.
4.20 For the purposes of this section, an "authorized foreclosure counseling agency" is
4.21a nonprofit agency approved by the Minnesota Housing Finance Agency or the United
4.22States Department of Housing and Urban Development to provide foreclosure prevention
4.23counseling services.
4.24 Subd. 3. Notification to authorized counseling agency. The party entitled to
4.25foreclose shall, within one week of sending the notice prescribed in section 580.022,
4.26provide to the appropriate authorized foreclosure prevention agency the mortgagor's
4.27name, address, and most recent known telephone number.
4.28 Subd. 4. Notice of provision of counseling; request for contact information. (a)
4.29An authorized foreclosure prevention agency that contacts or is contacted by a mortgagor
4.30or the mortgagor's authorized representative and agrees to provide foreclosure prevention
4.31assistance services to the mortgagor or representative must provide the form prescribed in
4.32section 580.022 to the mortgagee. The form serves as notice to the mortgagee that the
4.33mortgagor is receiving foreclosure prevention counseling assistance.
5.1 (b) The mortgagee must return the form to the authorized foreclosure prevention
5.2agency within 15 days of receipt of the form with the name and telephone number of the
5.3mortgagee's agent. The agent must be a person authorized by the mortgagee to:
5.4 (1) discuss with the authorized foreclosure prevention agency or the mortgagor
5.5the terms of the mortgage; and
5.6 (2) negotiate any resolution to the mortgagor's default.
5.7 (c) Nothing in this subdivision requires a mortgagee to reach a resolution relating to
5.8the mortgagor's default.
5.9 Sec. 8.
[580.022] FORMS.
5.10 Subdivision 1. Counseling form. The notice required under section 580.021,
5.11subdivision 2, clause (2), must be printed on colored paper that is other than the color of
5.12any other document provided with it and must appear substantially as follows:
5.13"PREFORECLOSURE NOTICE
5.14 Foreclosure Prevention Counseling
5.15Why You Are Getting This Notice
5.16 We do not want you to lose your home and your equity. Government-approved
5.17nonprofit agencies are available to, if possible, help you prevent foreclosure.
5.18 We have given your contact information to an authorized foreclosure prevention
5.19counseling agency to contact you to help you prevent foreclosure.
5.20Who Are These Foreclosure Prevention Counseling Agencies
5.21 They are nonprofit agencies who are experts in housing and foreclosure prevention
5.22counseling and assistance. They are experienced in dealing with lenders and homeowners
5.23who are behind on mortgage payments and can help you understand your options and
5.24work with you to address your delinquency. They are approved by either the Minnesota
5.25Housing Finance Agency or the United States Department of Housing and Urban
5.26Development. They are not connected with us in any way.
5.27Which Agency Will Contact You
5.28 [insert name, address, and telephone number of agency]
5.29 You can also contact them directly."
5.30 Subd. 2. Notice of Counseling and Request for Contact Information form. The
5.31notice required in section 580.021, subdivision 4, must be substantially in the following
5.32form:
5.33"PREFORECLOSURE NOTICE
5.34NOTICE OF PROVISION OF FORECLOSURE PREVENTION COUNSELING
5.35AND REQUEST FOR MORTGAGEE CONTACT INFORMATION
6.1[Insert agency name] has been contacted by your customer regarding foreclosure
6.2prevention counseling in response to the current foreclosure proceedings involving the
6.3customer's real property. Please provide the following contact information pursuant to
6.4Minnesota Statutes, section 580.021, subdivision 4, by completing and returning this form
6.5via fax [insert fax number] or via e-mail at [insert e-mail address].
6.6
|
To be completed by Counseling Agency
|
6.7
|
Consumer Name:
___
|
6.8
|
CONSUMER CONTACT INFORMATION:
|
6.9
|
Address:
___
|
6.10
|
City, State, Zip Code:
___
|
6.11
|
Daytime Phone:
___
|
6.12
|
Nighttime Phone:
___
|
6.13
|
PROPERTY AT RISK FOR FORECLOSURE (if differs from above):
|
6.14
|
Address:
___
|
6.15
|
City, State, Zip Code:
___
|
6.16
|
COUNSELING AGENCY CONTACT:
|
6.17
|
Name:
___
|
6.18
|
Agency:
___
|
6.19
|
Phone:
___
|
6.20
|
Fax:
___
|
6.21
|
E-mail:
___
|
6.22
|
To be completed by Lender
|
6.23
|
Contact Name:
___
|
6.24
|
Address:
___
|
6.25
|
City, State, Zip Code:
___
|
6.26
|
Phone:
___
|
6.27
|
Fax:
___
|
6.28
|
E-mail:
___
"
|
6.29 Sec. 9. Minnesota Statutes 2006, section 580.03, is amended to read:
6.30580.03 NOTICE OF SALE; SERVICE ON OCCUPANT.
6.31 Commencing at least six
weeks before the appointed time of sale, three weeks'
6.32published notice shall be given that such mortgage will be foreclosed by sale of the
6.33mortgaged premises or some part thereof, and at least four weeks before the appointed
6.34time of sale a copy of such notice shall be served in like manner as a summons in a civil
6.35action in the district court upon the person in possession of the mortgaged premises, if the
6.36same are actually occupied. If there be a building on such premises used by a church or
6.37religious corporation, for its usual meetings, service upon any officer or trustee of such
6.38corporation shall be a sufficient service upon it. The notice required by
section sections
7.1580.041
and 580.042 must be served simultaneously with the notice of foreclosure
7.2required by this section.
7.3 Sec. 10. Minnesota Statutes 2006, section 580.041, subdivision 2, is amended to read:
7.4 Subd. 2.
Content of notice. The notice required by this section must appear
7.5substantially as follows:
7.6"Help For Homeowners in Foreclosure
7.7Minnesota law requires that we send you this notice about the foreclosure process.
7.8Please read it carefully.
7.9
|
The attorney preparing this foreclosure is:
___
|
7.10
|
(Attorney name, address, phone)
|
7.11
|
It is being prepared for:
|
7.12
|
___
|
7.13
|
(Lender name, loss mitigation phone number)
|
7.14AS OF [insert date], this lender says that you owe $[insert dollar amount] to bring
7.15your mortgage up to date. You must pay this amount to keep your house from going
7.16through a sheriff's sale. The sheriff's sale is scheduled for [insert date] at [insert
7.17time] at [insert place].
7.18Mortgage foreclosure is a complex process.
Some People may
approach contact you
7.19about "saving" with advice and offers to help "save" your home.
You should be
7.20careful about any such promises.
7.21The state encourages you to become informed about your options in foreclosure
7.22before entering into any agreements with anyone in connection with the foreclosure
7.23of your home. There are government agencies and nonprofit organizations that you
7.24may contact for helpful information about the foreclosure process. For the name and
7.25telephone number of an organization near you please call the Minnesota Housing
7.26Finance Agency (MHFA) at (insert telephone number). The state does not guarantee
7.27the advice of these agencies.
7.28Do not delay dealing with the foreclosure because your options may become more
7.29limited as time passes."
7.30Remember: It is important that you learn as much as you can about foreclosure and
7.31your situation. Find out about all your options before you make any agreements with
7.32anyone about the foreclosure of your home.
7.33Getting Help
7.34As soon as possible, you should contact your lender at the above number to talk
7.35about things you might be able to do to prevent foreclosure. You should also
7.36consider contacting the foreclosure prevention counselor in your area. A foreclosure
8.1prevention counselor can answer your questions, offer free advice, and help you
8.2create a plan which makes sense for your situation.
8.3Contact the Minnesota Home Ownership Center at 651-659-9336 or 866-462-6466
8.4or www.hocmn.org to get the phone number and location of the nearest counseling
8.5organization. Call today. The longer you wait, the fewer options you may have for
8.6a desirable result.
8.7Information About the Foreclosure Process
8.8You do not need to move at the time of the sheriff's sale. After the sheriff's sale you
8.9have the right to "redeem." Redeem means that you pay off the entire loan amount
8.10plus fees to keep your house. You can keep living in your home for a period of time.
8.11This is called a "redemption period." The redemption period is [insert number of
8.12months] months after the sheriff's sale. This redemption period is your chance to
8.13try and sell your home or refinance it with a different loan. You can also pay the
8.14redemption amount with any other funds you have available. At the end of the
8.15redemption period you will have to leave your home. If you do not, the person or
8.16company that bid on your home at the sheriff's sale has the right to file an eviction
8.17against you in district court."
8.18 Sec. 11.
[580.042] FORECLOSURE ADVICE NOTICE TO TENANT.
8.19 Subdivision 1. Applicability. This section applies to foreclosure of mortgages
8.20under this chapter.
8.21 Subd. 2. Form of delivery of notice. The notice required by this section must be in
8.2214-point boldface type and must be printed on colored paper that is other than the color of
8.23the notice of foreclosure and of the notice to be given under section 580.041, subdivision
8.241b, and that does not obscure or overshadow the content of the notice. The title of the
8.25notice must be in 20-point boldface type. The notice must be on its own page.
8.26 Subd. 3. Content of notice. The notice required by this section must appear
8.27substantially as follows.
8.28"Foreclosure: Advice to Tenants
8.29 You are renting in a property that is in foreclosure. Minnesota law requires that we
8.30send you this notice about the foreclosure process. Please read it carefully.
8.31 The mortgage foreclosure does not change the terms of your lease. You and
8.32your landlord must continue to follow the terms of your lease, including the rights
8.33and responsibilities of you and your landlord. You must keep paying rent unless you
8.34have a legal reason to withhold it. Your landlord must keep the property repaired.
8.35Utilities must be paid under the terms of your lease or under state law.
9.1 Moving out of the property early might be a violation of your lease. The date
9.2of the sheriff's foreclosure sale is in the attached foreclosure notice. In most cases you
9.3do not need to move from the property before the sheriff's foreclosure sale. Read your
9.4lease to see if it says anything about foreclosure and about the rights you may have if the
9.5property is in foreclosure. If you have a month-to-month lease, the foreclosure notice does
9.6not change the rules for ending your lease. You and your landlord must still give legal
9.7notice to end your lease.
9.8 In most cases, your landlord has six months after the date of the sheriff's foreclosure
9.9sale to pay off the mortgage. This is called the "redemption period." Read the attached
9.10foreclosure notice to determine the length of the redemption period. You cannot be asked
9.11to move during the redemption period except for lease violations or if your lease expires
9.12during the redemption period. If your landlord stops the foreclosure, you may not have to
9.13move from the property. If your landlord does not stop the foreclosure, there will be a new
9.14owner of the property at the end of the redemption period.
9.15 The new owner may have the legal right to ask you to move even if your lease is
9.16not over. But, the new owner must still give you a written notice stating that the new
9.17owner wants you to move.
9.18 Do not wait to get information about foreclosure. Mortgage foreclosure is a
9.19complicated process. It is important you learn about your rights as a renter when there
9.20is a mortgage foreclosure. You may have fewer options if you wait too long. There
9.21are government agencies and nonprofit organizations that you may contact for helpful
9.22information about the foreclosure process. For the name and telephone number of an
9.23organization near you, please call the legal aid office or bar association office in your
9.24county. You also can find information on tenant rights at HOME Line at (866) 866-3546
9.25and Law Help Minnesota at http://www.LawHelpMN.org. The state of Minnesota does
9.26not guarantee the advice of these agencies and organizations."
9.27 Subd. 4. Affidavit. Any person may establish compliance with or inapplicability of
9.28this section by recording, with the county recorder or registrar of titles, an affidavit by
9.29a person having knowledge of the facts, stating that the notice required by this section
9.30has been delivered in compliance with this section. The affidavit and a certified copy
9.31of a recorded affidavit is prima facie evidence of the facts stated in the affidavit. The
9.32affidavit may be recorded regarding any foreclosure sale, including foreclosure sales
9.33that occurred prior to August 1, 2008, and may be recorded separately or as part of the
9.34record of a foreclosure.
9.35 Subd. 5. Validation of foreclosure sales; remedy for violation. (a) No mortgage
9.36foreclosure sale under this chapter is invalid because of failure to comply with this section.
10.1 (b) The remedy for a violation of this section is limited to actual damages caused by
10.2the violation, not to exceed $1,000, and is available only to the tenant of the mortgaged
10.3premises who occupied the mortgaged premises during the redemption period of the
10.4mortgagor. Any legal action brought to enforce the provisions of this section must be
10.5commenced by the last day of the redemption period of the mortgagor. A person is not
10.6liable in an action for a violation of this section if the person shows by a preponderance of
10.7the evidence that the violation was not intentional and resulted from a bona fide error and
10.8the person adopted and maintained reasonable procedures to avoid the error. A plaintiff
10.9does not have cause of action if the defendant has complied with section 580.03.
10.10 Sec. 12. Minnesota Statutes 2006, section 580.06, is amended to read:
10.11580.06 SALE, HOW AND BY WHOM MADE.
10.12 The sale shall be made by the sheriff or the sheriff's deputy at public vendue to the
10.13highest bidder, in the county in which the premises to be sold, or some part thereof, are
10.14situated, between 9:00 a.m. and
the setting of the sun 4:00 p.m.
10.15 Sec. 13. Minnesota Statutes 2006, section 580.07, is amended to read:
10.16580.07 POSTPONEMENT.
10.17 The sale may be postponed, from time to time, by the party conducting the
10.18foreclosure, by inserting a notice of the postponement, as soon as practicable, in the
10.19newspaper in which the original advertisement was published,
and continuing the
10.20publication until the time to which the sale is postponed, at the expense of the party
10.21requesting the postponement.
10.22 Sec. 14. Minnesota Statutes 2006, section 580.12, is amended to read:
10.23580.12 CERTIFICATE OF SALE; RECORD; EFFECT.
10.24 When any sale of real property is made under a power of sale contained in any
10.25mortgage, the officer shall make and deliver to the purchaser a certificate, executed in the
10.26same manner as a conveyance, containing:
10.27 (1) a description of the mortgage;
10.28 (2) a description of the property sold;
10.29 (3) the price paid for each parcel sold;
10.30 (4) the time and place of the sale, and the name of the purchaser;
10.31 (5) the interest rate in effect on the date of the sheriff's sale; and
10.32 (5) (6) the time allowed by law for redemption, provided that if the redemption
10.33period stated in the certificate is five weeks and a longer redemption period was stated in
10.34the published notice of foreclosure sale, a certified copy of the court order entered under
11.1section
582.032, authorizing reduction of the redemption period to five weeks, must be
11.2attached to the certificate.
11.3 A certificate which states a five-week redemption period must be recorded within
11.4ten days after the sale; any other certificate must be recorded within 20 days after the
11.5sale. When so recorded, upon expiration of the time for redemption, the certificate shall
11.6operate as a conveyance to the purchaser or the purchaser's assignee of all the right, title,
11.7and interest of the mortgagor in and to the premises named therein at the date of such
11.8mortgage, without any other conveyance. A certificate must not contain a time allowed
11.9for redemption that is less than the time specified by section
580.23,
582.032, or
582.32,
11.10whichever applies.
11.11 Sec. 15. Minnesota Statutes 2006, section 580.23, subdivision 1, is amended to read:
11.12 Subdivision 1.
Six-month redemption period. When lands have been sold in
11.13conformity with the preceding sections of this chapter, the mortgagor, the mortgagor's
11.14personal representatives or assigns, within six months after such sale, except as otherwise
11.15provided in subdivision 2 or section
582.032 or
582.32, may redeem such lands, as
11.16hereinafter provided, by paying the sum of money for which the same were sold, with
11.17interest from the time of sale at the rate provided to be paid on the mortgage debt
as stated
11.18in the certificate of sale and, if no rate be provided in the
mortgage note certificate of
11.19sale, at the rate of six percent per annum, together with any further sums which may be
11.20payable as provided in sections
582.03 and
582.031.
Delivery of funds and documents
11.21for redemption must be made at the normal place of business of the recipient, on days
11.22other than Sunday, Saturday, and legal holidays, between the hours of 9:00 a.m. and 4:00
11.23p.m. Regardless of the length of the redemption period, the sheriff may accept a specific
11.24sum less than the full amount due for redemption by the mortgagor upon receipt by the
11.25sheriff, prior to expiration of the redemption period, of written confirmation from the
11.26holder of the sheriff's certificate or the attorney for the holder of the sheriff's certificate
11.27that the holder of the sheriff's certificate has agreed to accept a specific sum less than the
11.28full amount due for redemption.
11.29 Sec. 16. Minnesota Statutes 2007 Supplement, section 580.24, is amended to read:
11.30580.24 REDEMPTION BY CREDITOR.
11.31 (a) If no redemption is made by the mortgagor, the mortgagor's personal
11.32representatives or assigns, the most senior creditor having a legal or equitable lien upon
11.33the mortgaged premises, or some part of it, subsequent to the foreclosed mortgage, may
11.34redeem within seven days after the expiration of the redemption period determined under
11.35section
580.23 or
582.032, whichever is applicable; and each subsequent creditor having a
12.1lien may redeem, in the order of priority of their respective liens, within seven days after
12.2the time allowed the prior lienholder by paying the amount required under this section.
12.3However, no creditor is entitled to redeem unless,
within one week or more prior to the
12.4expiration of the period allowed for redemption by the mortgagor, the creditor:
12.5 (1) records with each county recorder and registrar of titles where the foreclosed
12.6mortgage is recorded a notice of the creditor's intention to redeem;
12.7 (2) records
in each office with each county recorder and registrar of titles where the
12.8notice
of the creditor's intention to redeem is recorded all documents necessary to create
12.9the lien on the mortgaged premises and to evidence the creditor's ownership of the lien
,
12.10including a copy of any money judgment necessary to create the lien; and
12.11 (3) after complying with clauses (1) and (2), delivers to the sheriff who conducted
12.12the foreclosure sale or the sheriff's successor in office a copy of each of the documents
12.13required to be recorded under clauses (1) and (2), with the office, date and time of filing
12.14for record stated on the first page of each document.
12.15 The sheriff shall maintain for public inspection all documents delivered to the sheriff
12.16and shall note the date of delivery on each document. The sheriff may charge a fee of
12.17$100 for the documents delivered to the sheriff relating to each lien. The sheriff shall
12.18maintain copies of documents delivered to the sheriff for a period of six months after the
12.19end of the mortgagor's redemption period.
12.20 (b) Saturdays, Sundays, legal holidays, and the first day following the expiration
12.21of the prior redemption period must be included in computing the seven-day redemption
12.22period. When the last day of the period falls on Saturday, Sunday, or a legal holiday,
12.23that day must be omitted from the computation. The order of redemption by judgment
12.24creditors subsequent to the foreclosed mortgage shall be determined by the order in which
12.25their judgments were entered as memorials on the certificate of title for the foreclosed
12.26premises or docketed in the office of the district court administrator if the property is not
12.27registered under chapter 508 or 508A, regardless of the homestead status of the property.
12.28All mechanic's lienholders who have coordinate liens shall have one combined seven-day
12.29period to redeem.
12.30 (c) The amount required to redeem from the holder of the sheriff's certificate of sale
12.31is the amount required under section
580.23. The amount required to redeem from a
12.32person holding a certificate of redemption is:
12.33 (1) the amount paid to redeem as shown on the certificate of redemption; plus
12.34 (2) interest on that amount to the date of redemption; plus
12.35 (3) the amount claimed due on the person's lien, as shown on the affidavit under
12.36section
580.25, clause (3).
13.1 The amount required to redeem may be paid to the holder of the sheriff's certificate
13.2of sale or the certificate of redemption, as the case may be, or to the sheriff for the holder.
13.3 Sec. 17. Minnesota Statutes 2006, section 580.25, is amended to read:
13.4580.25 REDEMPTION, HOW MADE.
13.5 Redemption shall be made as provided in this section.
13.6 The person desiring to redeem shall pay the amount required by law for the
13.7redemption, and shall produce to the person or officer receiving the redemption payment:
13.8 (1) a copy of the docket of the judgment, or of the
recorded deed or mortgage, or
13.9of the record or files evidencing any other lien under which the person claims a right to
13.10redeem
, certified by the officer with custody of the docket, record, or files, or the original
13.11deed or mortgage with the certificate of record endorsed on it;
13.12 (2) a copy of any
recorded assignment necessary to evidence the person's ownership
13.13of the lien
, certified by the officer with custody of the assignment, or the original of each
13.14instrument of assignment with the certificate of record endorsed on it. If the redemption is
13.15under an assignment of a judgment, the assignment shall be filed in the court entering the
13.16judgment, as provided by law, and the person so redeeming shall produce a
certified copy
13.17of it and of the record of its filing, and the copy of the docket shall show that the proper
13.18entry was made upon the docket. No further evidence of the assignment of the judgment is
13.19required unless the mortgaged premises or part of it is registered property, in which case
13.20the judgment and all assignments of the judgment must be entered as a memorial upon the
13.21certificate of title to the mortgaged premises and
the original a copy of the judgment and
13.22each assignment with the certificate of record endorsed on it
, or a copy certified by the
13.23registrar of titles, must be produced; and
13.24 (3) an affidavit of the person or the person's agent, showing the amount then actually
13.25claimed due on the person's lien and required to be paid on the lien in order to redeem
13.26from the person.
Additional fees and charges may be claimed due only as provided in
13.27section 582.03.
13.28 If redemption is made to the sheriff, the sheriff may charge a fee of $250 for issuing
13.29the certificate of redemption and any related service. No other fee may be charged by the
13.30sheriff for a redemption.
13.31 Within 24 hours after a redemption is made, the person redeeming shall cause the
13.32documents so required to be produced to be
filed recorded with the county recorder, or
13.33registrar of titles, who may receive fees as prescribed in section
357.18 or
508.82. If the
13.34redemption is made at any place other than the county seat, it is sufficient forthwith to
13.35deposit the documents in the nearest post office, addressed to the recorder or registrar of
14.1titles, with the postage prepaid. A person recording documents produced for redemption
14.2shall, on the same day, deliver copies of the documents to the sheriff for public inspection.
14.3The sheriff may receive a fee of $20 for the documents delivered following a redemption.
14.4The sheriff shall note the date of delivery on the documents and shall maintain for public
14.5inspection all documents delivered to the sheriff for a period of six months after the end of
14.6the mortgagor's redemption period.
14.7 Sec. 18. Minnesota Statutes 2006, section 580.28, is amended to read:
14.8580.28 ACTION TO SET ASIDE MORTGAGE; FORECLOSURE;
14.9REDEMPTION.
14.10 When an action is brought wherein it is claimed that any mortgage as to the plaintiff
14.11or person for whose benefit the action is brought is fraudulent or void, or has been paid or
14.12discharged, in whole or in part
, or the relative priority or the validity of liens is disputed,
14.13if such mortgage has been foreclosed by advertisement, and the time for redemption
14.14from the foreclosure sale will expire before final judgment in such action, the plaintiff or
14.15beneficiary having the right to redeem, for the purpose of saving such right in case the
14.16action fails, may deposit with the sheriff before the time of redemption expires the amount
14.17for which the mortgaged premises were sold, with interest thereon to the time of deposit,
14.18together with a bond to the holder of the sheriff's certificate of sale, in an amount and with
14.19sureties to be approved by the sheriff, conditioned to pay all interest that may accrue or be
14.20allowed on such deposit if the action fail. The person shall, in writing, notify such sheriff
14.21that the person claims the mortgage to be fraudulent or void, or to have been paid or
14.22discharged, in whole or in part, as the case may be, and that such action is pending, and
14.23direct the sheriff to retain such money and bond until final judgment. In case such action
14.24fails, such deposit shall operate as a redemption of the premises from such foreclosure
14.25sale, and entitle the plaintiff to a certificate thereof. Such foreclosure, deposit, bond, and
14.26notice shall be brought to the attention of the court by supplemental complaint in the
14.27action, and the judgment shall determine the validity of the foreclosure sale, and the rights
14.28of the parties to the moneys and bond so deposited, which shall be paid and delivered by
14.29the sheriff as directed by such judgment upon delivery to the sheriff of a certified copy
14.30thereof. The remedy herein provided shall be in addition to other remedies now existing.
14.31 Sec. 19. Minnesota Statutes 2006, section 580.30, is amended to read:
14.32580.30 MORTGAGES, WHEN REINSTATED.
14.33 Subdivision 1. Reinstatement. In any proceedings for the foreclosure of a real estate
14.34mortgage, whether by action or by advertisement, if at any time before the sale of the
15.1premises under such foreclosure the mortgagor, the owner, or any holder of any subsequent
15.2encumbrance or lien, or any one for them, shall pay or cause to be paid to the holder of the
15.3mortgage so being foreclosed, or to the attorney foreclosing the same, or to the sheriff of
15.4the county, the amount actually due thereon and constituting the default actually existing
15.5in the conditions of the mortgage at the time of the commencement of the foreclosure
15.6proceedings, including insurance, delinquent taxes, if any, upon the premises, interest to
15.7date of payment, cost of publication and services of process or notices, attorney's fees not
15.8exceeding $150 or one-half of the attorney's fees authorized by section
582.01, whichever
15.9is greater, together with other lawful disbursements necessarily incurred in connection
15.10with the proceedings by the party foreclosing, then, and in that event, the mortgage shall be
15.11fully reinstated and further proceedings in such foreclosure shall be thereupon abandoned.
15.12 Subd. 2. Request by sheriff. Upon written request by the sheriff, the holder of the
15.13mortgage or the holder's legal representative shall provide to the sheriff within seven days
15.14of the date of the request by the sheriff to the foreclosing attorney: (1) the current payoff
15.15amount, showing outstanding principal, interest, and a daily interest accrual amount, (2)
15.16an itemized schedule of the current amounts necessary to reinstate the mortgage, and (3)
15.17the identity of the person or entity with authority to act on behalf of the holder of the
15.18mortgage or the holder's legal representative. If the holder of the mortgage or the holder's
15.19legal representative fails to respond to the sheriff's request within seven days of the date
15.20of the request, the sheriff shall postpone the sheriff's sale and the sheriff shall announce
15.21at the sheriff's sale the postponement of the sale. The postponement does not need to be
15.22published. If the request by the sheriff is made seven days or less before the sheriff's sale,
15.23the holder of the mortgage or the holder's representative shall make a good faith effort to
15.24respond to the sheriff before the sheriff's sale, but the sheriff may conduct the sheriff's sale
15.25without a response from the holder of the mortgage or the holder's legal representative.
15.26 Sec. 20. Minnesota Statutes 2006, section 581.10, is amended to read:
15.27581.10 REDEMPTION BY MORTGAGOR, CREDITOR.
15.28 The mortgagor, or those claiming under the mortgagor, within the time specified in
15.29section
580.23 or
582.032, whichever applies, after the date of the order of confirmation,
15.30may redeem the premises sold, or any separate portion thereof, by paying the amount bid
15.31therefor, with interest thereon from the time of sale
at the rate provided to be paid on the
15.32mortgage debt, not to exceed eight percent per annum, and, if no rate to be provided in the
15.33mortgage, at the rate
of six percent stated in the certificate of sale or, if no rate is provided
15.34in the certificate of sale, at the rate of six percent per annum, together with any further sum
16.1which may be payable pursuant to section
582.03 and
582.031. Creditors having a lien
16.2may redeem in the order and manner specified in section
580.24.
16.3 Sec. 21. Minnesota Statutes 2006, section 582.03, is amended to read:
16.4582.03 PURCHASER MAY PAY TAXES AND OTHER EXPENSES DUE.
16.5 Subdivision 1. Allowable costs collectable upon redemption. The
purchaser at
16.6any holder of any sheriff's certificate of sale,
upon from a foreclosure
by advertisement
16.7or action of
a mortgage
or lien or execution
or at any judicial sale, or the holder of
16.8any certificate of redemption as a junior creditor during the period of redemption, may
16.9pay
and claim the following on redemption: any taxes or assessments on which any
16.10penalty would otherwise accrue, and
may pay the premium upon any policy of insurance
16.11procured in renewal of any expiring policy upon any costs of a hazard insurance policy
16.12for the holder's interest in the mortgaged premises
incurred for the period of holding the
16.13sheriff's certificate,
any costs incurred when an order to reduce a mortgagor's redemption
16.14period under section 582.032 is entered, any fees paid to the county recorder, registrar
16.15of titles, or sheriff to obtain or record the certificates of sale or redemption or notices of
16.16intention to redeem, any reasonable fees paid to licensed real estate brokers for broker
16.17price opinions or to licensed appraisers for appraisals, any deed tax paid to file a certificate
16.18of redemption, reasonable attorney fees incurred after the foreclosure sale not to exceed
16.19one-half of the amount authorized by section 582.01, may pay any costs incurred under
16.20section
582.031, and
may, in case any interest or installment of principal upon any prior or
16.21superior mortgage, lien, or contract for deed
is in default or
shall become that becomes
16.22due during the period of redemption
, pay the same, and,. In all such cases, the
sum costs
16.23so paid
and claimed due, with interest, shall be a part of the sum required to be paid to
16.24redeem from such sale.
No other costs, fees, interest, or other amount may be added to
16.25the amount necessary to redeem.
16.26 Subd. 2. Affidavit of allowable costs. Such Any payments
made and claimed due
16.27under subdivision 1 shall be proved by the affidavit of the
purchaser or the purchaser's
16.28holder of the sheriff's certificate or its agent or attorney,
stating the items itemizing each
16.29of the allowable costs and describing the premises
, which must be filed for record with
16.30the county recorder or registrar of titles, and a copy thereof shall be furnished to the
16.31sheriff at least ten days before the expiration of the period of redemption.
The affidavit
16.32must be filed with the sheriff of the county in which the sale was held at any time prior to
16.33expiration of the mortgagor's redemption period. Upon written request by the sheriff, the
16.34holder of the sheriff's certificate or certificate of redemption shall provide an affidavit of
16.35allowable costs to the sheriff within seven days of the date of the request by the sheriff. If
17.1the mortgagor does not redeem within seven days after the affidavit is filed, the holder of
17.2the sheriff's certificate may file a supplemental affidavit if additional allowable costs are
17.3incurred during the redemption period. If the holder of the sheriff's certificate or certificate
17.4of redemption fails to respond to the sheriff's request within seven days, the sheriff may
17.5calculate a redemption amount pursuant to section 580.23, subdivision 1, and issue a
17.6certificate of redemption for that amount. If the time allowed to redeem is less than seven
17.7days from the expiration of the redemption period, the sheriff shall make a reasonable
17.8effort to request the affidavit of allowable costs in writing from the holder of the sheriff's
17.9certificate, its agent, or attorney before issuing a certificate of redemption. If the affidavit
17.10of allowable costs is not provided more than one business day before the expiration of
17.11the redemption period, at any time one business day or less before the expiration of the
17.12redemption period, the sheriff may calculate a redemption amount pursuant to section
17.13580.23, subdivision 1, and issue a certificate of redemption for that amount. The amount
17.14calculated by the sheriff, absent malfeasance by the sheriff, binds the holder of the sheriff's
17.15certificate even if the amount calculated by the sheriff is less than the actual amount due.
17.16 Subd. 3. Penalty for excessive costs. At any time within one year after the
17.17expiration of the mortgagor's redemption period, the redeeming party, heirs, or assigns
17.18may recover from the holder of the sheriff's certificate three times the amount of any sums
17.19declared as costs or disbursements on the affidavit of allowable costs but not actually paid
17.20by the holder, or three times the amount of any sums determined to exceed a reasonable
17.21cost for the declared item where the excess has been retained by the lender, unless the
17.22disputed amounts are paid to the redeeming party, heirs, or assigns prior to entry of
17.23judgment.
17.24 Sec. 22. Minnesota Statutes 2006, section 582.031, is amended to read:
17.25582.031 LIMITED RIGHT OF ENTRY.
17.26 Subdivision 1.
Right of entry. If premises described in a mortgage or sheriff's
17.27certificate are vacant or unoccupied, the holder of the mortgage or sheriff's certificate or the
17.28holder's agents and contractors may, but is under no obligation to, enter upon the premises
17.29to protect the premises from waste, until the holder of the mortgage or sheriff's certificate
17.30receives notice that the premises are occupied. The holder of the mortgage or sheriff's
17.31certificate does not become a mortgagee in possession by taking actions authorized under
17.32this section. An affidavit of the sheriff, the holder of the mortgage or sheriff's certificate, or
17.33a person acting on behalf of the holder, describing the premises and stating that the same
17.34are vacant or unoccupied, is prima facie evidence of the facts stated in the affidavit and is
18.1entitled to be recorded in the office of the county recorder or the registrar of titles in the
18.2county where the premises are located, if it contains a legal description of the premises.
18.3 Subd. 2.
Authorized actions. The holder of the mortgage or sheriff's certificate
18.4may take the following actions to protect the premises from waste
: or from falling below
18.5minimum community standards for public safety and sanitation: make reasonable periodic
18.6inspections, install or change locks on doors and windows, board windows, install an
18.7alarm system,
provide a resident caretaker, and otherwise prevent or minimize damage
18.8to the premises from the elements, vandalism, trespass, or other illegal activities. If the
18.9holder of the mortgage or sheriff's certificate installs or changes locks under this section, a
18.10key to the premises must be promptly delivered to the mortgagor or any person lawfully
18.11claiming through the mortgagor, upon request.
18.12 Subd. 3.
Costs. All costs incurred by the holder of the mortgage to protect the
18.13premises from waste
or from falling below minimum community standards for public
18.14safety and sanitation may be added to the principal balance of the mortgage. The costs
18.15may bear interest to the extent provided in the mortgage and may be added to the
18.16redemption price if the costs are incurred after a foreclosure sale. If the costs are incurred
18.17after a foreclosure sale, the
purchaser at the foreclosure sale holder of any sheriff's
18.18certificate of sale or certificate of redemption must comply with the provisions of section
18.19582.03
. The provisions of this section are in addition to, and do not limit or replace, any
18.20other rights or remedies available to holders of mortgages and sheriff's certificates, at law
18.21or under the applicable mortgage agreements.
18.22 Sec. 23. Laws 2004, chapter 263, section 26, is amended to read:
18.23 Sec. 26.
EFFECTIVE DATE; EXPIRATION.
18.24 Sections 1 to 18, 22, 23, and 25 are effective August 1, 2004
, and expire December
18.2531, 2009. Sections 19, 20, 21, and 24 are effective July 1, 2004."
18.26Amend the title accordingly