1.1.................... moves to amend H.F. No. 2150, the delete everything amendment
1.2(H2150DE3), as follows:
1.3Page 5, after line 27, insert:

1.4    "Sec. 5. Minnesota Statutes 2008, section 580.07, is amended to read:
1.5580.07 POSTPONEMENT.
1.6    Subdivision 1. Postponement by mortgagee. The sale may be postponed, from
1.7time to time, by the party conducting the foreclosure, by inserting a notice of the
1.8postponement, as soon as practicable, in the newspaper in which the original advertisement
1.9was published, at the expense of the party requesting the postponement. The notice shall
1.10be published only once.
1.11    Subd. 2. Postponement by mortgagor or owner. (a) If all or a part of the property
1.12to be sold is classified as homestead under section 273.124 and contains one to four
1.13dwelling units, the mortgagor or owner may postpone the sale to the first date that is not
1.14a Saturday, Sunday, or legal holiday and is five months after the originally scheduled
1.15date of sale in the manner provided in this subdivision. To postpone a foreclosure sale
1.16pursuant to this subdivision, at any time after the first publication of the notice of mortgage
1.17foreclosure sale under section 580.03 but at least 15 days prior to the scheduled sale date
1.18specified in that notice, the mortgagor shall: (1) execute a sworn affidavit in the form set
1.19forth in subdivision 3, (2) record the affidavit in the office of each county recorder and
1.20registrar of titles where the mortgage was recorded, and (3) file with the sheriff conducting
1.21the sale and deliver to the attorney foreclosing the mortgage, a copy of the recorded
1.22affidavit, showing the date and office in which the affidavit was recorded. Recording of
1.23the affidavit and postponement of the foreclosure sale pursuant to this subdivision shall
1.24automatically reduce the mortgagor's redemption period under section 580.23 to five
1.25weeks. The postponement of a foreclosure sale pursuant to this subdivision does not
1.26require any change in the contents of the notice of sale, service of the notice of sale if the
1.27occupant was served with the notice of sale prior to postponement under this subdivision,
2.1or publication of the notice of sale if publication was commenced prior to postponement
2.2under this subdivision, notwithstanding the service and publication time periods specified
2.3in section 580.03, but the sheriff's certificate of sale shall indicate the actual date of the
2.4foreclosure sale and the actual length of the mortgagor's redemption period. No notice
2.5of postponement need be published. An affidavit complying with subdivision 3 shall be
2.6prima facie evidence of the facts stated therein, and shall be entitled to be recorded. The
2.7right to postpone a foreclosure sale pursuant to this subdivision may be exercised only
2.8once, regardless whether the mortgagor reinstates the mortgage prior to the postponed
2.9mortgage foreclosure sale.
2.10(b) If the automatic stay under United States Code, title 11, section 362, applies
2.11to the mortgage foreclosure after a mortgagor or owner requests postponement of the
2.12sheriff's sale under this section, then when the automatic stay is no longer applicable, the
2.13mortgagor's or owner's election to shorten the redemption period to five weeks under this
2.14section remains applicable to the mortgage foreclosure.
2.15    Subd. 3. Affidavit form. The affidavit referred to in subdivision 2 shall be in
2.16substantially the following form and shall contain all of the following information.
2.17STATE OF ______________
2.18COUNTY OF ______________
2.19    ________________________________________ (whether one or more, "Owner"),
2.20being first duly sworn on oath, states as follows:
2.21    1. (He is) (She is) (They are) the owner(s) or mortgagor(s) of the real property (the
2.22"Property") situated in __________ (Name of) County, Minnesota, legally described in the
2.23attached published Notice of Mortgage Foreclosure Sale (the "Notice"), and make this
2.24affidavit for the purpose of postponing the foreclosure sale of the Property pursuant to
2.25Minnesota Statutes, section 580.07, subdivision 2, for five months from the date scheduled
2.26in the attached Notice.
2.27    2. The Property is classified as homestead under Minnesota Statutes, section
2.28273.124, is occupied by Owner as a homestead, and is improved with not more than
2.29four dwelling units.
2.30    3. Owner has elected to shorten Owner's redemption period from any foreclosure
2.31sale of the Property to five weeks in exchange for the postponement of the foreclosure
2.32sale for five months.
2.33___________________________________________ (signature(s) of owner)
2.34Signed and sworn to (or affirmed) before me on .......... (date) by ................ (name(s)
2.35of person(s) making statement).
2.36___________________________________________ (signature of notary public)
3.1Notary Public
3.2EFFECTIVE DATE.This section is effective one month after the date of final
3.3enactment, and applies to foreclosure sales scheduled to occur on or after said effective
3.4date."
3.5Renumber the sections in sequence and correct the internal references
3.6Amend the title accordingly