1.1.................... moves to amend H.F. No. 995 as follows:
1.2Delete everything after the enacting clause and insert:
1.3 "Section 1. Minnesota Statutes 2008, section 504B.285, subdivision 1, is amended to
1.4read:
1.5 Subdivision 1.
Grounds. The person entitled to the premises may recover
1.6possession by eviction when:
1.7(1) any person holds over real property:
1.8(i) after a sale of the property on an execution or judgment; or
1.9(ii) after the expiration of the time for redemption on foreclosure of a mortgage, or
1.10after termination of contract to convey the property, provided that if the person holding
1.11the real property after the expiration of the time for redemption or termination was a
1.12tenant during the redemption or termination period
, the person entered into the lease of
1.13any duration after the date of the notice of mortgage foreclosure or contract for deed
1.14cancellation and under a lease of any duration and the lease began after the date the
1.15mortgage or contract for deed was executed but prior to the expiration of the time for
1.16redemption or termination, and the person has received:
1.17(A) at least two months' written notice to vacate no sooner than one month after the
1.18expiration of the time for redemption or termination, provided that the tenant pays the
1.19rent and abides by all terms of the lease; or
1.20(B) at least two months' written notice to vacate no later than the date of the
1.21expiration of the time for redemption or termination, which notice shall also state that the
1.22sender will hold the tenant harmless for breaching the lease by vacating the premises if the
1.23mortgage is redeemed or the contract is reinstated;
1.24(2) any person holds over real property after termination of the time for which
1.25it is demised or leased to that person or to the persons under whom that person holds
1.26possession, contrary to the conditions or covenants of the lease or agreement under which
2.1that person holds, or after any rent becomes due according to the terms of such lease or
2.2agreement; or
2.3(3) any tenant at will holds over after the termination of the tenancy by notice to quit.
2.4 Sec. 2. Minnesota Statutes 2008, section 580.021, subdivision 1, is amended to read:
2.5 Subdivision 1.
Applicability. This section applies to foreclosure of mortgages under
2.6this chapter on property consisting of one to four family dwelling units, one of which
, when
2.7the notice of pendency under section 580.03 is recorded, the owner occupies as the owner's
2.8principal place of residency
on the date of service of the notice of sale of the owner.
2.9EFFECTIVE DATE.This section is effective for notices of foreclosure published
2.10or served on or after August 1, 2009.
2.11 Sec. 3. Minnesota Statutes 2008, section 580.021, subdivision 2, is amended to read:
2.12 Subd. 2.
Requirement to provide notice of opportunity for counseling. When
2.13the written notice required under section
47.20, subdivision 8, is provided and before
2.14Before the notice of pendency under section
580.032, subdivision 3, is
filed recorded, a
2.15party foreclosing
on a mortgage must provide to the mortgagor information contained in a
2.16form prescribed in section
580.022, subdivision 1, that:
2.17 (1) foreclosure prevention counseling services provided by an authorized foreclosure
2.18prevention counseling agency are available; and
2.19 (2)
notice that the party will transmit the homeowner's name, address, and telephone
2.20number to an approved foreclosure prevention agency.
2.21 Nothing in this subdivision prohibits the The notices required by this subdivision
2.22from being may be provided concurrently with
the a written notice
required under section
2.2347.20, subdivision 8 of default.
2.24 For the purposes of this section, an "authorized foreclosure prevention counseling
2.25agency" is a nonprofit agency approved by the Minnesota
Housing Finance Agency Home
2.26Ownership Center or the United States Department of Housing and Urban Development to
2.27provide foreclosure prevention counseling services.
2.28EFFECTIVE DATE.This section is effective for notices of foreclosure published
2.29or served on or after August 1, 2009.
2.30 Sec. 4. Minnesota Statutes 2008, section 580.025, is amended to read:
2.31580.025 FORECLOSURE DATA.
2.32 Subdivision 1. Applicability. This section applies to foreclosure of mortgages under
2.33this chapter on property consisting of one to four family dwelling units.
3.1 Subd. 2. Data required. The notice of pendency required by section
580.032,
3.2subdivision 3
; the notice of sale required by section
580.04; and the certificate of sale
3.3required by section
580.12 shall include the following information to the best of the
3.4knowledge of the party foreclosing the mortgage:
3.5(1) the physical street address, city, and zip code of the mortgaged premises;
3.6(2) the name of the transaction agent, residential mortgage servicer, and the lender
3.7or broker, as defined in section
58.02, if the person holding the mortgage is a transaction
3.8agent as defined in section
58.02, subdivision 30, or the name of the residential mortgage
3.9servicer and the lender or broker, as defined in section
58.02, if the person holding the
3.10mortgage is not a transaction agent as defined in section
58.02, subdivision 30;
3.11(3) the tax parcel identification number of the mortgaged premises;
3.12(4) if stated on the mortgage, the transaction agent's mortgage identification number;
3.13and
3.14(5) if stated on the mortgage, the name of the
residential mortgage originator as
3.15defined in section
58.02.
3.16No liability shall accrue to the party foreclosing the mortgage or the party's attorney
3.17for de minimis, good faith, or commercially reasonable errors in this information. The
3.18omission of all or some of the information required by this section from the notice shall
3.19not invalidate the foreclosure of the mortgage.
3.20EFFECTIVE DATE.This section is effective the day following final enactment.
3.21 Sec. 5. Minnesota Statutes 2008, section 580.04, is amended to read:
3.22580.04 REQUISITES OF NOTICE.
3.23(a) Each notice shall specify:
3.24(1) the name of the mortgagor, the mortgagee, each assignee of the mortgage, if any,
3.25and the original or maximum principal amount secured by the mortgage;
3.26(2) the date of the mortgage, and when and where recorded, except where the
3.27mortgage is upon registered land, in which case the notice shall state that fact, and when
3.28and where registered;
3.29(3) the amount claimed to be due on the mortgage on the date of the notice;
3.30(4) a description of the mortgaged premises, conforming substantially to that
3.31contained in the mortgage;
3.32(5) the time and place of sale;
and
3.33(6) the time allowed by law for redemption by the mortgagor, the mortgagor's
3.34personal representatives or assigns
; and.
4.1(b) If the real estate is an owner-occupied, single-family dwelling, the notice must
4.2also specify the date and time by which the mortgagor must vacate the property if the
4.3mortgage is not reinstated under section 580.30 or the property redeemed under section
4.4580.23.
4.5(7) if (c) If the party foreclosing the mortgage desires to preserve the right to
4.6reduce the redemption period under section
582.032 after the first publication of the
4.7notice, the notice must also state in capital letters: "THE TIME ALLOWED BY LAW
4.8FOR REDEMPTION BY THE MORTGAGOR, THE MORTGAGOR'S PERSONAL
4.9REPRESENTATIVES OR ASSIGNS, MAY BE REDUCED TO FIVE WEEKS IF A
4.10JUDICIAL ORDER IS ENTERED UNDER MINNESOTA STATUTES, SECTION
4.11582.032
, DETERMINING, AMONG OTHER THINGS, THAT THE MORTGAGED
4.12PREMISES ARE IMPROVED WITH A RESIDENTIAL DWELLING OF LESS THAN
4.13FIVE UNITS, ARE NOT PROPERTY USED IN AGRICULTURAL PRODUCTION,
4.14AND ARE ABANDONED."
4.15EFFECTIVE DATE.This section is effective for notices of foreclosure published
4.16or served on or after August 1, 2009.
4.17 Sec. 6. Minnesota Statutes 2008, section 580.041, subdivision 1a, is amended to read:
4.18 Subd. 1a.
Applicability. This section applies to foreclosure of mortgages under this
4.19chapter on property consisting of one to four family dwelling units, one of which
, when
4.20the notice of pendency under section 580.03 is recorded, the owner occupies as the owner's
4.21principal place of residency
on the date of service of the notice of sale on the owner.
4.22EFFECTIVE DATE.This section is effective for notices of foreclosure published
4.23or served on or after August 1, 2009.
4.24 Sec. 7. Minnesota Statutes 2008, section 580.042, subdivision 1, is amended to read:
4.25 Subdivision 1.
Applicability. This section applies to foreclosure of mortgages under
4.26this chapter
on property consisting of one or more family dwelling units, one or more of
4.27which are occupied by a tenant as a residence.
4.28 Sec. 8. Minnesota Statutes 2008, section 580.07, is amended to read:
4.29580.07 POSTPONEMENT.
4.30 (a) The sale may be postponed, from time to time, by the party conducting the
4.31foreclosure
., by inserting a notice of the postponement, as soon as practicable, in the
4.32newspaper in which the original advertisement was published, at the expense of the
5.1party requesting the postponement. The notice shall be published only once. The party
5.2requesting the postponement must, at the party's expense:
5.3(1) publish, only once, a notice of postponement and the rescheduled date, if known,
5.4as soon as practicable, in the newspaper in which the notice under section 580.03 was
5.5published; and
5.6(2) send by first class mail to the occupant, or occupants, if any, postmarked within
5.7three days of the postponed sale, notice:
5.8(i) of the postponement; and
5.9(ii) if known, the rescheduled date of the sale and the date and time by which the
5.10mortgagor must vacate the property if the mortgage is not reinstated under section 580.30
5.11or the property redeemed under section 580.23.
5.12(b) If the rescheduled date of the sale is not known at the time of the initial
5.13publication and notice to the occupant or occupants of the postponement, the foreclosing
5.14party must, at its expense, if and when a new date of sale is scheduled:
5.15(1) publish, only once, notice of the rescheduled date of the sale, as soon as
5.16practicable, in the newspaper in which the notice under section 580.03 and the notice of
5.17postponement under paragraph (a) was published; and
5.18(2) send by first class mail to the occupant, or occupants, if any, postmarked within
5.19ten days of the rescheduled sale, notice:
5.20(i) of the date of the rescheduled sale; and
5.21(ii) the date and time by which the mortgagor must vacate the property if the
5.22mortgage is not reinstated under section 580.30 or the property redeemed under section
5.23580.23.
5.24EFFECTIVE DATE.This section is effective for notices of foreclosure published
5.25or served on or after August 1, 2009.
5.26 Sec. 9. Minnesota Statutes 2008, section 580.15, is amended to read:
5.27580.15 PERPETUATING EVIDENCE OF SALE.
5.28Any party desiring to perpetuate the evidence of any sale made in pursuance of
5.29this chapter may procure:
5.30(1) an affidavit of the publication of the notice of sale and of any notice of
5.31postponement to be made by the printer of the newspaper in which the same was inserted
5.32or by some person in the printer's employ knowing the facts;
5.33(2) an affidavit or return of service of such notice upon the occupant of the mortgaged
5.34premises to be made by the officer or person making such service or, in case the premises
6.1were vacant or unoccupied at the time the service must be made, an affidavit or return
6.2showing that fact, to be made by the officer or person attempting to make such service;
6.3(3) an affidavit by the person foreclosing the mortgage, or that person's attorney, or
6.4someone knowing the facts, setting forth the facts relating to the military service status of
6.5the owner of the mortgaged premises at the time of sale;
6.6(4) an affidavit by the person foreclosing the mortgage, or that person's attorney,
6.7or someone having knowledge of the facts, setting forth the fact of service of notice of
6.8sale upon the secretary of the Treasury of the United States or the secretary's delegate in
6.9accordance with the provisions of Section 7425 of the Internal Revenue Code of 1954
6.10as amended by Section 109 of the Federal Tax Lien Act of 1966, and also setting forth
6.11the fact of service of notice of sale upon the commissioner of revenue of the state of
6.12Minnesota in accordance with the provisions of section
270C.63, subdivision 11. Any
6.13such affidavit recorded prior to May 16, 1967 shall be effective as prima facie evidence of
6.14the facts therein contained as though recorded subsequent to May 16, 1967;
6.15(5) an affidavit by the person foreclosing the mortgage, or that person's attorney, or
6.16someone having knowledge of the facts, setting forth the names of the persons to whom a
6.17notice of sale was mailed as provided by section
580.032;
6.18(6) one or more affidavits by the person foreclosing the mortgage, or that person's
6.19attorney or another person having knowledge of the facts, stating that if sections 580.021,
6.20580.041, 580.042, 582.039, 582.041, or 582.042 apply to the foreclosure proceedings all
6.21notice required under those sections have been provided.
6.22Such affidavits and returns shall be recorded by the county recorder
and registrar of
6.23titles, and they and the records thereof, and certified copies of such records, shall be prima
6.24facie evidence of the facts therein contained.
6.25The affidavit provided for in clause (3) hereof may be made and recorded for the
6.26purpose of complying with the provisions of the Servicemembers Civil Relief Act, and
6.27may be made and recorded at any time subsequent to the date of the mortgage foreclosure
6.28sale.
6.29EFFECTIVE DATE.This section is effective for sales conducted on or after
6.30August 1, 2009."
6.31Amend the title accordingly