1.1 .................... moves to amend H.F. No. 3516 as follows:
1.2Page 1, after line 6, insert:
1.5Page 2, after line 34, insert:
1.7ELECTRONIC RECORDING; COMMISSION
1.8 Section 1.
[507.0941] DEFINITIONS.
1.9 For purposes of sections 507.0941 to 507.0948:
1.10 (1) "Document" means information that is:
1.11 (i) inscribed on a tangible medium or that is stored in an electronic or other medium
1.12and is retrievable in perceivable form; and
1.13 (ii) eligible to be recorded in the land records maintained by the recorder or registrar.
1.14 (2) "Electronic" means relating to technology having electrical, digital, magnetic,
1.15wireless, optical, electromagnetic, or similar capabilities.
1.16 (3) "Electronic document" means a document that is received by the recorder or
1.17registrar in an electronic form.
1.18 (4) "Electronic real estate recording commission" and "commission" mean the
1.19commission established by sections 507.0941 to 507.0948.
1.20 (5) "Electronic signature" means an electronic sound, symbol, or process attached
1.21to or logically associated with a document and executed or adopted by a person with
1.22the intent to sign the document.
1.23 (6) "Legislative Coordinating Commission" means the commission established by
1.24section 3.303.
1.25 (7) "Paper document" means a document that a recorder or registrar receives in a
1.26form that is not an electronic document.
2.1 (8) "Person" means an individual, corporation, business trust, estate, trust,
2.2partnership, limited liability company, association, joint venture, public corporation,
2.3government, or governmental subdivision, agency, or instrumentality, or any other legal or
2.4commercial entity.
2.5 (9) "Recorder" means the county recorder for the county in which a document is
2.6received.
2.7 (10) "Registrar" means the registrar of titles for the county in which a document is
2.8received.
2.9 Sec. 2.
[507.0942] UNIFORMITY OF APPLICATION AND CONSTRUCTION.
2.10 Persons applying or construing this act must consider the need to promote uniformity
2.11of the law with respect to the subject matter of this act among states that enact a law
2.12substantially similar to this act.
2.13 Sec. 3.
[507.0943] VALIDITY AND TIME OF RECORDING OF ELECTRONIC
2.14DOCUMENTS.
2.15 (a) If a law requires, as a condition for recording, that a document be an original, be
2.16on paper or another tangible medium, or be in writing, the requirement is satisfied by an
2.17electronic document satisfying this act. If a law requires or refers to something related to
2.18tangible media including, without limitation, book, certificate, floor plan, page, volume,
2.19or words derived from them, the requirement or reference is satisfied by an electronic
2.20document satisfying this act.
2.21 (b) If a law requires, as a condition for recording, that a document be signed, the
2.22requirement is satisfied by an electronic signature.
2.23 (c) A requirement that a document or a signature associated with a document
2.24be attested, acknowledged, verified, witnessed, or made under oath is satisfied if the
2.25electronic signature of the person authorized to perform that act, and all other information
2.26required to be included, is attached to or logically associated with the document or
2.27signature. A physical or electronic image of a stamp, impression, or seal need not
2.28accompany an electronic signature.
2.29 (d) Notwithstanding the time of its delivery, an electronic document is recorded for
2.30purposes of this chapter at the earlier of (i) the time the electronic document is accepted for
2.31recording or (ii) the next close of the recorder's office hours following the time of delivery.
2.32 (e) Notwithstanding the time of its delivery, an electronic document is registered as
2.33to a parcel of registered land for purposes of chapters 508 and 508A when the electronic
2.34document is memorialized or otherwise noted on the certificate of title for the parcel.
3.1 (f) A law that authorizes or requires any act to be performed with respect to any
3.2document affecting real property that is to be filed in the office of the recorder or registrar
3.3shall be deemed satisfied if the act is performed electronically in accordance with the
3.4standards established by the electronic real estate recording commission. By way of
3.5illustration, the acts referred to in this section include, without limitation, the following
3.6words as well as words derived from them: affix, apply, attest, bind, certify, conform,
3.7contain, copy, deliver, draw, duplicate, endorse, enter, file, form, hold, issue, leave, make,
3.8mark, mount, note, open, present, print, proffer, receive, recite, record, refer, register, seal,
3.9send, sign, stamp, state, store, subscribe, witness, and write.
3.10 Sec. 4.
[507.0944] RECORDING OF DOCUMENTS.
3.11 (a) A recorder or registrar may:
3.12 (1) receive, index, store, archive, and transmit electronic documents;
3.13 (2) provide for access to documents and other information by electronic means;
3.14 (3) provide for search and retrieval of documents and other information by electronic
3.15means;
3.16 (4) index, store, and archive, in electronic form, paper documents accepted for
3.17recording;
3.18 (5) convert into electronic form the record of documents recorded or registered
3.19before the recorder or registrar began to record electronic documents;
3.20 (6) accept electronically any fee or tax that the recorder or registrar is authorized
3.21to collect; and
3.22 (7) agree with other officials of this state or a political subdivision of this state on
3.23procedures or processes to facilitate the electronic satisfaction of conditions to recording
3.24and the electronic payment of fees and taxes.
3.25 (b) A recorder who accepts electronic documents for recording shall:
3.26 (1) continue to accept paper documents; and
3.27 (2) place entries for paper documents and electronic documents in the same index.
3.28 (c) A registrar who accepts electronic documents for registration shall:
3.29 (1) continue to accept paper documents; and
3.30 (2) place entries for paper documents and electronic documents in the same index.
3.31 Sec. 5.
[507.0945] ADMINISTRATION.
3.32 (a) An Electronic Real Estate Recording Commission administered by the
3.33Legislative Coordinating Commission is created to adopt standards to implement this act.
3.34The Legislative Coordinating Commission shall promulgate by rule the standards adopted,
3.35amended, or repealed by the Electronic Real Estate Recording Commission.
4.1 (b) The Electronic Real Estate Recording Commission shall consist of the following:
4.2 (1) three members appointed by the Minnesota Association of County Officials who
4.3are county employees, including one from within the seven-county metropolitan area, one
4.4from outside the seven-county metropolitan area, and at least one of whom is a county
4.5recorder and at least one of whom is a registrar of titles;
4.6 (2) one member appointed by the Minnesota Land Title Association;
4.7 (3) one member who represents the Minnesota Bankers Association;
4.8 (4) one member who represents the Section of Real Property Law of the Minnesota
4.9State Bar Association;
4.10 (5) one nonvoting member who is appointed by the other members of the commission
4.11and an expert in the technological aspects of electronic real estate recording; and
4.12 (6) one member who is the state archivist appointed pursuant to section 138.17.
4.13 (c) Members of the Electronic Real Estate Recording Commission shall serve
4.14four-year terms, except that (1) the initial appointments of county employees shall be for
4.15two years and (2) the expert in the technological aspects of electronic real estate recording
4.16shall serve at the pleasure of a majority of the other members of the commission. All
4.17initial terms shall commence on July 1, 2008. Members shall serve until their successors
4.18are appointed. Any member may be reappointed for successive terms.
4.19 (d) The state archivist shall call the first meeting of the Electronic Real Estate
4.20Recording Commission. At the first meeting and biennially thereafter, the commission
4.21shall elect from its membership a chair and vice-chair to serve two-year terms. Meetings
4.22may be called by the chair or the vice-chair or the head of the Legislative Coordinating
4.23Commission. Meetings shall be held as often as necessary, but at least once a year.
4.24 (e) A majority of the voting members of the Electronic Real Estate Recording
4.25Commission constitutes a quorum to do business, and a majority of a quorum may act
4.26in any matter within the jurisdiction of the commission.
4.27 (f) As soon as practicable and as needed thereafter, the Electronic Real Estate
4.28Recording Commission shall identify the information-technology expertise it requires
4.29and report its needs to the Legislative Coordinating Commission. The Electronic Real
4.30Estate Recording Commission also shall report any other expertise it needs to fulfill its
4.31responsibilities. The Legislative Coordinating Commission shall provide professional and
4.32clerical staff and other services and supplies, including meeting space, as needed for the
4.33Electronic Real Estate Recording Commission to carry out its duties in an effective manner.
4.34 Sec. 6.
[507.0946] STANDARDS.
4.35 To keep the standards and practices of recorders and registrars in this state in
4.36harmony with the standards and practices of recorders' and registrars' offices in other
5.1jurisdictions that enact a law that is substantially similar to this act, and to keep the
5.2technology used by recorders and registrars in this state compatible with technology
5.3used by recorders' and registrars' offices in other jurisdictions that enact a law that is
5.4substantially similar to this act, the Electronic Real Estate Recording Commission, so
5.5far as is consistent with the purposes, policies, and provisions of this act, in adopting,
5.6amending, and repealing standards, shall consider:
5.7 (1) standards and practices of other jurisdictions;
5.8 (2) the most recent standards promulgated by national standard-setting bodies;
5.9 (3) the views of interested persons and governmental officials and entities;
5.10 (4) the needs of counties of varying size, population, and resources; and
5.11 (5) standards requiring adequate information-security protection to ensure that
5.12electronic documents are accurate, authentic, adequately preserved, and resistant to
5.13tampering.
5.14 Sec. 7.
[507.0947] RELATION TO ELECTRONIC SIGNATURES IN GLOBAL
5.15AND NATIONAL COMMERCE ACT.
5.16 This act modifies, limits, and supersedes the federal Electronic Signatures in Global
5.17and National Commerce Act, United States Code, title 15, section 7001, et seq., but does
5.18not modify, limit, or supersede section 101(c) of that act, United States Code, title 15,
5.19section 7001(c), or authorize electronic delivery of any of the notices described in section
5.20103(b) of that act, United States Code, title 15, section 7003(b).
5.21 Sec. 8.
[507.0948] TITLE.
5.22 This act may be cited as the Minnesota Real Property Electronic Recording Act.
5.23 Sec. 9.
EFFECTIVE DATE.
5.24 This act is effective July 1, 2008.
5.27 Section 1. Minnesota Statutes 2006, section 14.03, subdivision 3, is amended to read:
5.28 Subd. 3.
Rulemaking procedures. (a) The definition of a rule in section
14.02,
5.29subdivision 4
, does not include:
5.30 (1) rules concerning only the internal management of the agency or other agencies
5.31that do not directly affect the rights of or procedures available to the public;
6.1 (2) an application deadline on a form; and the remainder of a form and instructions
6.2for use of the form to the extent that they do not impose substantive requirements other
6.3than requirements contained in statute or rule;
6.4 (3) the curriculum adopted by an agency to implement a statute or rule permitting
6.5or mandating minimum educational requirements for persons regulated by an agency,
6.6provided the topic areas to be covered by the minimum educational requirements are
6.7specified in statute or rule;
6.8 (4) procedures for sharing data among government agencies, provided these
6.9procedures are consistent with chapter 13 and other law governing data practices.
6.10 (b) The definition of a rule in section
14.02, subdivision 4, does not include:
6.11 (1) rules of the commissioner of corrections relating to the release, placement, term,
6.12and supervision of inmates serving a supervised release or conditional release term, the
6.13internal management of institutions under the commissioner's control, and rules adopted
6.14under section
609.105 governing the inmates of those institutions;
6.15 (2) rules relating to weight limitations on the use of highways when the substance
6.16of the rules is indicated to the public by means of signs;
6.17 (3) opinions of the attorney general;
6.18 (4) the data element dictionary and the annual data acquisition calendar of the
6.19Department of Education to the extent provided by section
125B.07;
6.20 (5) the occupational safety and health standards provided in section
182.655;
6.21 (6) revenue notices and tax information bulletins of the commissioner of revenue;
6.22 (7) uniform conveyancing forms adopted by the commissioner of commerce under
6.23section
507.09;
or
6.24 (8) standards adopted by the electronic real estate recording commission established
6.25under section 507.0945; or
6.26 (8) (9) the interpretive guidelines developed by the commissioner of human services
6.27to the extent provided in chapter 245A.
6.28 Sec. 2.
[272.122] ELECTRONIC FACSIMILE.
6.29 All notations or certifications that are required under this chapter may be performed
6.30by electronic means.
6.31 Sec. 3. Minnesota Statutes 2006, section 287.08, is amended to read:
6.32287.08 TAX, HOW PAYABLE; RECEIPTS.
6.33 (a) The tax imposed by sections
287.01 to
287.12 must be paid to the treasurer of
6.34any county in this state in which the real property or some part is located at or before
6.35the time of filing the mortgage for record. The treasurer shall endorse receipt on the
7.1mortgage and the receipt is conclusive proof that the tax has been paid in the amount
7.2stated and authorizes any county recorder or registrar of titles to record the mortgage. Its
7.3form, in substance, shall be "registration tax hereon of ..................... dollars paid." If the
7.4mortgage is exempt from taxation the endorsement shall, in substance, be "exempt from
7.5registration tax." In either case the receipt must be signed by the treasurer. In case the
7.6treasurer is unable to determine whether a claim of exemption should be allowed, the tax
7.7must be paid as in the case of a taxable mortgage.
For documents submitted electronically,
7.8the endorsements and tax amount shall be affixed electronically and no signature by the
7.9treasurer will be required. The actual payment method must be arranged in advance
7.10between the submitter and the receiving county.
7.11 (b) The county treasurer may refund in whole or in part any mortgage registry tax
7.12overpayment if a written application by the taxpayer is submitted to the county treasurer
7.13within 3-1/2 years from the date of the overpayment. If the county has not issued a denial
7.14of the application, the taxpayer may bring an action in Tax Court in the county in which
7.15the tax was paid at any time after the expiration of six months from the time that the
7.16application was submitted. A denial of refund may be appealed within 60 days from
7.17the date of the denial by bringing an action in Tax Court in the county in which the tax
7.18was paid. The action is commenced by the serving of a petition for relief on the county
7.19treasurer, and by filing a copy with the court. The county attorney shall defend the action.
7.20The county treasurer shall notify the treasurer of each county that has or would receive a
7.21portion of the tax as paid.
7.22 (c) If the county treasurer determines a refund should be paid, or if a refund is
7.23ordered by the court, the county treasurer of each county that actually received a portion
7.24of the tax shall immediately pay a proportionate share of three percent of the refund
7.25using any available county funds. The county treasurer of each county that received, or
7.26would have received, a portion of the tax shall also pay their county's proportionate share
7.27of the remaining 97 percent of the court-ordered refund on or before the 20th day of the
7.28following month using solely the mortgage registry tax funds that would be paid to the
7.29commissioner of revenue on that date under section
287.12. If the funds on hand under
7.30this procedure are insufficient to fully fund 97 percent of the court-ordered refund, the
7.31county treasurer of the county in which the action was brought shall file a claim with the
7.32commissioner of revenue under section
16A.48 for the remaining portion of 97 percent of
7.33the refund, and shall pay over the remaining portion upon receipt of a warrant from the
7.34state issued pursuant to the claim.
7.35 (d) When any mortgage covers real property located in more than one county in this
7.36state the total tax must be paid to the treasurer of the county where the mortgage is first
8.1presented for recording, and the payment must be receipted as provided in paragraph (a).
8.2If the principal debt or obligation secured by such a multiple county mortgage exceeds
8.3$1,000,000, the nonstate portion of the tax must be divided and paid over by the county
8.4treasurer receiving it, on or before the 20th day of each month after receipt, to the county
8.5or counties entitled in the ratio that the market value of the real property covered by the
8.6mortgage in each county bears to the market value of all the real property in this state
8.7described in the mortgage. In making the division and payment the county treasurer shall
8.8send a statement giving the description of the real property described in the mortgage and
8.9the market value of the part located in each county. For this purpose, the treasurer of any
8.10county may require the treasurer of any other county to certify to the former the market
8.11valuation of any tract of real property in any mortgage.
8.12 (e) The mortgagor must pay the tax imposed by sections
287.01 to
287.12. The
8.13mortgagee may undertake to collect and remit the tax on behalf of the mortgagor. If the
8.14mortgagee collects money from the mortgagor to remit the tax on behalf of the mortgagor,
8.15the mortgagee has a fiduciary duty to remit the tax on behalf of the mortgagor as to the
8.16amount of the tax collected for that purpose and the mortgagor is relieved of any further
8.17obligation to pay the tax as to the amount collected by the mortgagee for this purpose.
8.18 Sec. 4. Minnesota Statutes 2006, section 287.241, is amended to read:
8.19287.241 STATEMENT OF TAX DUE OR EXEMPTION; RECORDING OR
8.20REGISTERING OF DOCUMENTS.
8.21 Subdivision 1.
Statement of tax due or exemption. No deed or instrument, taxable
8.22under the provisions of section
287.21, shall be recorded unless it contains the statement
8.23of the grantor or grantee, or any successor in interest, setting forth the amount of tax due
8.24under this chapter or that it is exempt from tax. The county recorder or registrar of titles
8.25shall record any deed or instrument when the statement sets forth that the transfer is tax
8.26exempt, or when documentary stamps or the treasurer's receipt appear for the amount of
8.27deed tax recited in the statement.
Deeds or other instruments taxable under section 287.21
8.28recorded electronically shall have the deed tax data affixed electronically. The validity or
8.29effectiveness of a deed or instrument as between the parties, and as to any person who
8.30would otherwise be bound, is not affected by the failure to comply with this section. If a
8.31deed or instrument is accepted for recording contrary to this section, the failure to comply
8.32does not destroy or impair the record of the deed or instrument as notice.
8.33 Subd. 2.
Notice of certificate of value. No deed or instrument providing for the
8.34transfer of title to real property that is subject to the tax as provided in section
287.21, and
8.35no executory contract for the sale of land, shall be recorded unless such deed or instrument
9.1is accompanied by a notice from the county auditor that a certificate of value was filed in
9.2the auditor's office as provided in section
272.115.
Documents subject to this provision
9.3that are filed electronically must include the certificate of value number assigned by the
9.4electronic certificate of value system established by the Department of Revenue.
9.5 Sec. 5. Minnesota Statutes 2006, section 287.25, is amended to read:
9.6287.25 PAYMENT OF TAX; STAMPS.
9.7 Except for documents filed electronically, the county board shall determine the
9.8method for collection of the tax imposed by section
287.21:
9.9 (1) The tax imposed by section
287.21 may be paid by the affixing of a documentary
9.10stamp or stamps in the amount of the tax to the document or instrument with respect to
9.11which the tax is paid, provided that the county board may permit the payment of the
9.12tax without the affixing of the documentary stamps and in such cases shall direct the
9.13treasurer to endorse a receipt for such tax upon the face of the document or instrument.
9.14Documents submitted electronically must have the deed tax data affixed electronically and
9.15the tax paid as provided in section 287.08.
9.16 (2) The tax imposed by section
287.21 may be paid in the manner prescribed by
9.17section
287.08 relating to payment of mortgage registration tax.
9.18 Sec. 6. Minnesota Statutes 2006, section 386.03, is amended to read:
9.19386.03 RECEPTION INDEX.
9.20 Every county recorder shall keep an index, to be denominated as a grantor's and
9.21grantee's reception index, which shall contain the following information: date of reception,
9.22year, month, day, hour and minute, grantor and grantee, where situated, to whom delivered
9.23after recording, fees received, instrument number, and kind of instrument.
9.24 The recorder shall enter in the index, in the order and manner aforesaid, as soon as
9.25the same are received, all deeds and other instruments
left, and all copies left, as cautions or
9.26notices of liens, authorized by law to be recorded. The reception index shall be maintained
9.27in alphabetical order, and every entry made therein shall be made in the reception index
9.28under the grantor's surname, and under the grantee's surname, and all such entries shall
9.29appear therein consecutively and in the order as to time in which the instruments were
9.30received. The recorder shall make an entry in the record immediately for each instrument
9.31recorded specifying the time of the day, month, and year when the same was recorded.
9.32 Sec. 7. Minnesota Statutes 2006, section 386.19, is amended to read:
9.33386.19 RECORD BOOKS, INDEXES.
10.1 The county recorder shall keep suitable word for word records
by either manual or
10.2electronic means of all instruments
left with delivered to the recorder for record keeping.
10.3The recorder shall keep an alphabetical index either by manual or electronic means, to
10.4record, under the proper letter of the alphabet, the name of each grantor and grantee of any
10.5instrument
left delivered for
record recording.
10.6 Sec. 8. Minnesota Statutes 2006, section 386.26, subdivision 1, is amended to read:
10.7 Subdivision 1.
Counties over 100,000. The county recorder in each county
10.8having a population of over 100,000 is hereby authorized and directed to transcribe in
10.9appropriate records
in writing or by electronic media to be provided by the county for
10.10such purpose and to appropriately index all instruments affecting: lists of lands selected
10.11by railroad companies under grants from the United States or the state of Minnesota; and
10.12all instruments affecting: condemnation proceedings; awards of damages in condemnation
10.13proceedings; building line easements; easements for slopes; easements for electric light
10.14and telephone poles; now on file in the recorder's office and which have not heretofore
10.15been recorded.
10.16 Sec. 9. Minnesota Statutes 2006, section 386.31, is amended to read:
10.17386.31 CONSECUTIVE NUMBERING.
10.18 Each county recorder shall endorse plainly upon each instrument received for record
10.19as soon as received a number consecutive, to the extent practicable, to the number affixed
10.20to the instrument next previously received and enter such number as a part of the entry
10.21relating to such instrument in all the indexes kept in the office and on the margin of the
10.22record of the instrument, and such number shall be prima facie evidence of priority of
10.23registration. If more than one instrument shall be received at the same time, by mail or
10.24other like enclosure, the recorder shall affix such number in the order directed by the
10.25sender; if no direction be given, then in the order in which the instruments actually come
10.26to the
recorder's hand in opening the enclosures recorder.
10.27 Sec. 10. Minnesota Statutes 2006, section 386.409, is amended to read:
10.28386.409 COUNTY RECORDER'S OFFICIAL SIGNATURE.
10.29 When the county recorder's official signature, or that of a deputy is required under
10.30section
386.41, an electronically generated
facsimile signature or name may be used.
10.31 Sec. 11. Minnesota Statutes 2006, section 507.093, is amended to read:
10.32507.093 STANDARDS FOR DOCUMENTS TO BE RECORDED OR FILED.
11.1 The following standards are imposed on documents to be recorded with the county
11.2recorder or the registrar of titles
other than by electronic means as provided in section
11.3507.24:
11.4 (1) The document shall consist of one or more individual sheets measuring no larger
11.5than 8.5 inches by 14 inches.
11.6 (2) The form of the document shall be printed, typewritten, or computer generated in
11.7black ink and the form of the document shall not be smaller than 8-point type.
11.8 (3) The document shall be on white paper of not less than 20-pound weight with no
11.9background color or images and, except for the first page, shall have a border of at least
11.10one-half inch on the top, bottom, and each side.
11.11 (4) The first page of the document shall contain a blank space at the top measuring
11.12three inches, as measured from the top of the page, and a border of one-half inch on each
11.13side and the bottom. The right half of the blank space shall be reserved for recording
11.14information and the left half shall be reserved for tax certification. Any person may attach
11.15an administrative page before the first page of the document to accommodate this standard.
11.16The administrative page may contain the document title, document date, and, if applicable,
11.17the grantor and grantee, and shall be deemed part of the document when recorded.
11.18 (5) The title of the document shall be prominently displayed at the top of the first
11.19page below the blank space referred to in clause (4), or on the administrative page.
11.20 (6) No additional sheet shall be attached or affixed to a page that covers up any
11.21information or printed part of the form.
11.22 (7) A document presented for recording must be sufficiently legible to reproduce
11.23a readable copy using the county recorder's or registrar of title's current method of
11.24reproduction.
11.25 Sec. 12. Minnesota Statutes 2007 Supplement, section 507.24, subdivision 2, is
11.26amended to read:
11.27 Subd. 2.
Original signatures required. (a) Unless otherwise provided by law, an
11.28instrument affecting real estate that is to be recorded as provided in this section or other
11.29applicable law must contain the original signatures of the parties who execute it and of the
11.30notary public or other officer taking an acknowledgment. However, a financing statement
11.31that is recorded as a filing pursuant to section
336.9-502(b) need not contain: (1) the
11.32signatures of the debtor or the secured party; or (2) an acknowledgment.
11.33 (b)
(1) Any electronic instruments, including signatures and seals, affecting real
11.34estate may only be recorded
as part of a pilot project for the electronic filing of real
11.35estate documents implemented by the task force created in Laws 2000, chapter 391, or
12.1by the Electronic Real Estate Recording Task Force created under section
507.094. The
12.2Electronic Real Estate Recording Task Force created under section
507.094 may amend
12.3standards set by the task force created in Laws 2000, chapter 391, in conformance with
12.4standards implemented by the Electronic Real Estate Recording Commission created
12.5under the Minnesota Real Property Electronic Recording Act, sections 507.0941 to
12.6507.0948. The Electronic Real Estate Recording Commission created under the Minnesota
12.7Real Property Electronic Recording Act may adopt or amend standards set by the task
12.8force created in Laws 2000, chapter 391, and the Electronic Real Estate Recording Task
12.9Force created under section 507.094 and may set new or additional standards
and establish
12.10pilot projects to the full extent permitted in section
507.094, subdivision 2, paragraph (b)
12.11507.0945. Documents recorded in conformity with
those standards and in those pilot
12.12projects the standards created as part of a pilot project for the electronic filing of real estate
12.13documents implemented by the task force created in Laws 2000, chapter 391, or by the
12.14Electronic Real Estate Recording Task Force created under section 507.094 are deemed
12.15to meet the requirements of this section.
12.16 (2)(i) A county that participated in the pilot project for the electronic filing of real
12.17estate documents under the task force created in Laws 2000, chapter 391, may continue to
12.18record or file documents electronically, if:
12.19 (A) the county complies with standards adopted by the task force; and
12.20 (B) the county uses software that was validated by the task force.
12.21 (ii) A county that did not participate in the pilot project may record or file a real
12.22estate document electronically, if:
12.23 (A) the document to be recorded or filed is of a type included in the pilot project
12.24for the electronic filing of real estate documents under the task force created in Laws
12.252000, chapter 391;
12.26 (B) the county complies with the standards adopted by the task force;
12.27 (C) the county uses software that was validated by the task force; and
12.28 (D) the task force created under section
507.094, votes to accept a written
12.29certification of compliance with paragraph (b), clause (2), of this section by the county
12.30board and county recorder of the county to implement electronic filing under this section.
12.31 (c) Notices filed pursuant to section
168A.141, subdivisions 1 and 3, need not
12.32contain an acknowledgment.
12.33 Sec. 13. Minnesota Statutes 2006, section 507.40, is amended to read:
12.34507.40 MORTGAGES, HOW DISCHARGED.
13.1 A mortgage may be discharged by filing for record a certificate of its satisfaction
13.2executed and acknowledged by the mortgagee, the mortgagee's personal representative,
13.3or assignee, as in the case of a conveyance.
The county recorder shall enter the number
13.4of such certificate and the book and page of its record upon the record of the mortgage
13.5or on a microfilm card whenever possible. In all cases the discharge shall be entered in
13.6the reception book and indexes as conveyances are entered. If a mortgage be recorded in
13.7more than one county and discharged of record in one of them, a certified copy of such
13.8discharge may be recorded in another county with the same effect as the original. If the
13.9discharge be by marginal entry, heretofore made, such copy shall include the record of the
13.10mortgage.
In all cases the discharge shall be entered in the reception book and indexes as
13.11conveyances are entered.
13.12 Sec. 14. Minnesota Statutes 2006, section 507.46, subdivision 1, is amended to read:
13.13 Subdivision 1.
Form of certificate. A county recorder or registrar of titles shall
13.14accept for recording a document that is not
written prepared in the English language, but is
13.15otherwise in recordable form, if there is appended to the non-English language document
13.16a translation of the document into the English language and a certificate of translation in
13.17substantially the following form:
13.18CERTIFICATE OF TRANSLATION
13.19State of Minnesota
13.20County of
.....
13.21I certify that the attached English language document is a complete and accurate
13.22translation of the attached document from the ................ language.
13.23
.....
13.24Signature of translator
13.25
.....
13.26Typed or printed name
13.27
.....
13.28Street
Address
13.29
.....
13.30City, State, and Zip Code
13.31
.....
14.1Telephone number
14.2
.....
14.3Subscribed and sworn to before me this
.......
14.4day of ....................., 20.....
14.5
.....
14.6Notary public"
14.7Amend the title accordingly