1.1.................... moves to amend H.F. No. 1122, the delete everything amendment
1.2(H1122DE1), as follows:
1.3Page 52, after line 2, insert:
1.4 "Section 88. Minnesota Statutes 2008, section 336.9-601, is amended to read:
1.5336.9-601 RIGHTS AFTER DEFAULT; JUDICIAL ENFORCEMENT;
1.6CONSIGNOR OR BUYER OF ACCOUNTS, CHATTEL PAPER, PAYMENT
1.7INTANGIBLES, OR PROMISSORY NOTES.
1.8(a)
Rights of secured party after default. After default, a secured party has the
1.9rights provided in this part and, except as otherwise provided in section
336.9-602, those
1.10provided by agreement of the parties. A secured party:
1.11(1) may reduce a claim to judgment, foreclose, or otherwise enforce the claim,
1.12security interest, or agricultural lien by any available judicial procedure; and
1.13(2) if the collateral is documents, may proceed either as to the documents or as
1.14to the goods they cover.
1.15(b)
Rights and duties of secured party in possession or control. A secured party
1.16in possession of collateral or control of collateral under section
336.7-106,
336.9-104,
1.17336.9-105
,
336.9-106, or
336.9-107 has the rights and duties provided in section
1.18336.9-207
.
1.19(c)
Rights cumulative; simultaneous exercise. The rights under subsections (a)
1.20and (b) are cumulative and may be exercised simultaneously.
1.21(d)
Rights of debtor and obligor. Except as otherwise provided in subsection (g)
1.22and section
336.9-605, after default, a debtor and an obligor have the rights provided in
1.23this part and by agreement of the parties.
1.24(e)
Lien of levy after judgment. If a secured party has reduced its claim to
1.25judgment, the lien of any levy that may be made upon the collateral by virtue of an
1.26execution based upon the judgment relates back to the earliest of:
1.27(1) the date of perfection of the security interest or agricultural lien in the collateral;
2.1(2) the date of filing a financing statement covering the collateral; or
2.2(3) any date specified in a statute under which the agricultural lien was created.
2.3(f)
Execution sale. A sale pursuant to an execution is a foreclosure of the security
2.4interest or agricultural lien by judicial procedure within the meaning of this section. A
2.5secured party may purchase at the sale and thereafter hold the collateral free of any other
2.6requirements of this article.
2.7(g)
Consignor or buyer of certain rights to payment. Except as otherwise
2.8provided in section
336.9-607(c), this part imposes no duties upon a secured party that is
2.9a consignor or is a buyer of accounts, chattel paper, payment intangibles, or promissory
2.10notes.
2.11(h)
Security interest in collateral that is agricultural property; enforcement. A
2.12person may not begin to enforce a security interest in collateral that is agricultural property
2.13subject to sections
583.20 to
583.32 that has secured a debt of more than
$5,000 $25,000
2.14unless: a mediation notice under subsection (i) is served on the debtor after a condition of
2.15default has occurred in the security agreement and a copy served on the director of the
2.16agricultural extension service; and the debtor and creditor have completed mediation
2.17under sections
583.20 to
583.32; or as otherwise allowed under sections
583.20 to
583.32.
2.18(i)
Mediation notice. A mediation notice under subsection (h) must contain the
2.19following notice with the blanks properly filled in.
2.20"TO: ...(Name of Debtor)...
2.21YOU HAVE DEFAULTED ON THE ...(Debt in Default)... SECURED BY
2.22AGRICULTURAL PROPERTY DESCRIBED AS ...(Reasonable Description of
2.23Agricultural Property Collateral)...
2.24AS A SECURED PARTY, ...(Name of Secured Party)... INTENDS TO ENFORCE
2.25THE SECURITY AGREEMENT AGAINST THE AGRICULTURAL PROPERTY
2.26DESCRIBED ABOVE BY REPOSSESSING, FORECLOSING ON, OR OBTAINING
2.27A COURT JUDGMENT AGAINST THE PROPERTY.
2.28YOU HAVE THE RIGHT TO HAVE THE DEBT REVIEWED FOR MEDIATION.
2.29IF YOU REQUEST MEDIATION, A DEBT THAT IS IN DEFAULT WILL BE
2.30MEDIATED ONLY ONCE. IF YOU DO NOT REQUEST MEDIATION, THIS DEBT
2.31WILL NOT BE SUBJECT TO FUTURE MEDIATION IF THE SECURED PARTY
2.32ENFORCES THE DEBT.
2.33IF YOU PARTICIPATE IN MEDIATION, THE DIRECTOR OF THE
2.34AGRICULTURAL EXTENSION SERVICE WILL PROVIDE AN ORIENTATION
2.35MEETING AND A FINANCIAL ANALYST TO HELP YOU TO PREPARE
2.36FINANCIAL INFORMATION. IF YOU DECIDE TO PARTICIPATE IN MEDIATION,
3.1IT WILL BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM FINANCE
3.2AND OPERATION RECORDS AND TO CONTACT A COUNTY EXTENSION
3.3OFFICE AS SOON AS POSSIBLE. MEDIATION WILL ATTEMPT TO ARRIVE AT
3.4AN AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS.
3.5TO HAVE THE DEBT REVIEWED FOR MEDIATION YOU MUST FILE A
3.6MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14 DAYS AFTER YOU
3.7RECEIVE THIS NOTICE. THE MEDIATION REQUEST FORM IS AVAILABLE AT
3.8ANY COUNTY RECORDER'S OR COUNTY EXTENSION OFFICE.
3.9FROM: ...(Name and Address of Secured Party)..."
3.10EFFECTIVE DATE.This section is effective the day following final enactment.
3.11 Sec. 89. Minnesota Statutes 2008, section 550.365, subdivision 1, is amended to read:
3.12 Subdivision 1.
Requirement. A person may not attach, execute on, levy on, or seize
3.13agricultural property subject to sections
583.20 to
583.32 that has secured a debt of more
3.14than
$5,000 $25,000 unless: (1) a mediation notice is served on the judgment debtor and a
3.15copy served on the director and the debtor and creditor have completed mediation under
3.16sections
583.20 to
583.32; or (2) as otherwise allowed under sections
583.20 to
583.32.
3.17EFFECTIVE DATE.This section is effective the day following final enactment.
3.18 Sec. 90. Minnesota Statutes 2008, section 559.209, subdivision 1, is amended to read:
3.19 Subdivision 1.
Requirement. A person may not begin to terminate a contract for
3.20deed under section
559.21 to purchase agricultural property subject to sections
583.20 to
3.21583.32
for a remaining balance on the contract of more than
$5,000 $25,000 unless: (1) a
3.22mediation notice is served on the contract for deed purchaser after a default has occurred
3.23under the contract and a copy served on the director and the contract for deed vendor and
3.24purchaser have completed mediation under sections
583.20 to
583.32; or (2) as otherwise
3.25allowed under sections
583.20 to
583.32.
3.26EFFECTIVE DATE.This section is effective the day following final enactment.
3.27 Sec. 91. Minnesota Statutes 2008, section 582.039, subdivision 1, is amended to read:
3.28 Subdivision 1.
Requirement. A person may not begin a proceeding under this
3.29chapter or chapter 580 to foreclose a mortgage on agricultural property subject to sections
3.30583.20
to
583.32 that has a secured debt of more than
$5,000 $25,000 unless: (1) a
3.31mediation notice is served on the mortgagor after a default has occurred in the mortgage
3.32and a copy is served on the director and the mortgagor and mortgagee have completed
4.1mediation under sections
583.20 to
583.32; or (2) as otherwise allowed under sections
4.2583.20
to
583.32.
4.3EFFECTIVE DATE.This section is effective the day following final enactment."
4.4Renumber the sections in sequence and correct the internal references
4.5Amend the title accordingly