1.1 moves to amend H.F. No. 83 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2012, section 504B.151, subdivision 1, is amended to
1.4read:
1.5    Subdivision 1. Limitation on lease and notice to tenant. (a) Once a landlord has
1.6received notice of a contract for deed cancellation under section 559.21 or notice of a
1.7mortgage foreclosure sale under chapter 580 or 582, or summons and complaint under
1.8chapter 581, the landlord may only enter into (i) a periodic residential lease agreement
1.9with a term of not more than two months or the time remaining in the contract cancellation
1.10period or the mortgagor's redemption period, whichever is less or (ii) a fixed term
1.11residential tenancy not extending beyond the cancellation period or the landlord's period
1.12of redemption until:
1.13(1) the contract for deed has been reinstated or paid in full;
1.14(2) the mortgage default has been cured and the mortgage reinstated;
1.15(3) the mortgage has been satisfied;
1.16(4) the property has been redeemed from a foreclosure sale; or
1.17(5) a receiver has been appointed.
1.18(b) Before entering into a lease under this section and accepting any rent or security
1.19deposit from a tenant, the landlord must notify the prospective tenant in writing that the
1.20landlord has received notice of a contract for deed cancellation or notice of a mortgage
1.21foreclosure sale as appropriate, and the date on which the contract cancellation period or
1.22the mortgagor's redemption period ends.
1.23(c) This section does not apply to a manufactured home park as defined in section
1.24327C.01, subdivision 5 .
1.25(d) A landlord who violates the requirements in this subdivision is liable to the
1.26lessee for a civil penalty of $500.

2.1    Sec. 2. Minnesota Statutes 2012, section 580.021, is amended by adding a subdivision
2.2to read:
2.3    Subd. 5. Single point of contact. The party foreclosing on a mortgage must provide
2.4to the mortgagor a single point of contact in each of the forms prescribed in sections
2.5580.022 and 580.041. The contact information must include a contact name, address,
2.6telephone number, and e-mail address. The party foreclosing on a mortgage must have
2.7alternative contacts to provide all of the assistance proscribed in this section when the
2.8single point of contact is not available to speak with a borrower for more than 48 hours.
2.9The servicer must provide written notice within ten days when the single point of contact
2.10has changed. The borrower must be able to access the information included in this
2.11section and may seek a civil penalty of $500 against the servicer for failure to comply
2.12with this section. The single point of contact must be an employee of the servicer who can
2.13coordinate all of the information concerning that borrower's situation and must:
2.14(1) be able to access all of the documents related to that borrower's loan and provide
2.15them to the borrower, if requested, in a timely manner;
2.16(2) know of the borrower's prior contact with the servicer and track ongoing contact
2.17with the servicer;
2.18(3) know the deadlines applicable to the borrower and provide that information
2.19if requested, including but not limited to:
2.20(i) what is owed on the borrower's loan and when it is due;
2.21(ii) if the servicer is eligible for mediation and the last date to request mediation; and
2.22(iii) when all relevant foreclosure proceedings may commence or be completed;
2.23(4) provide information about the current status of the loan; and
2.24(5) provide information on the borrower's foreclosure prevention alternatives.

2.25    Sec. 3. Minnesota Statutes 2012, section 580.022, subdivision 1, is amended to read:
2.26    Subdivision 1. Counseling form. The notice required under section 580.021,
2.27subdivision 2, clause (2), must be printed on colored paper that is other than the color of
2.28any other document provided with it and must appear substantially as follows:
2.31Why You Are Getting This Notice
2.32YOU HAVE DEFAULTED ON A MORTGAGE OF THE HOMESTEAD
2.33PROPERTY DESCRIBED AS [Legal Description and Property Address]. THE HOLDER
2.34OF THE MORTGAGE, [Name of Holder of Mortgage] INTENDS TO FORECLOSE ON
2.35THIS PROPERTY. YOU HAVE THE RIGHT TO PARTICIPATE IN A MEDIATION
3.1HEARING WITH A NEUTRAL MEDIATOR, A REPRESENTATIVE OF [Name of
3.2Servicer], AND TO BRING AN ATTORNEY, HOUSING COUNSELOR, OR OTHER
3.3TRAINED ADVOCATE TO DETERMINE IF AN ALTERNATIVE TO FORECLOSURE
3.4CAN BE FOUND. YOU WILL RECEIVE NOTICE OF A MEDIATION HEARING
3.5THAT WILL TAKE PLACE WITHIN 20 DAYS OF THE NOTICE. YOU MUST
3.6RESPOND WITHIN TEN DAYS OF THE SCHEDULED MEDIATION IF YOU
3.7INTEND TO PARTICIPATE. IF YOU DO NOT RESPOND, THE MEDIATION
3.8HEARING WILL BE CANCELED.
3.9    We do not want you to lose your home and your equity. Government-approved
3.10nonprofit agencies are available to, if possible, help you prevent foreclosure.
3.11    We have given your contact information to an authorized foreclosure prevention
3.12counseling agency to contact you to help you prevent foreclosure.
3.13Who Are These Foreclosure Prevention Counseling Agencies
3.14    They are nonprofit agencies who are experts in housing and foreclosure prevention
3.15counseling and assistance. They are experienced in dealing with lenders and homeowners
3.16who are behind on mortgage payments and can help you understand your options and
3.17work with you to address your delinquency. They are approved by either the Minnesota
3.18Housing Finance Agency or the United States Department of Housing and Urban
3.19Development. They are not connected with us in any way.
3.20Which Agency Will Contact You
3.21    [insert name, address, and telephone number of agency]
3.22    You can also contact them directly."

3.23    Sec. 4. Minnesota Statutes 2012, section 580.03, is amended to read:
3.24580.03 NOTICE OF SALE; SERVICE ON OCCUPANT.
3.25    Six weeks' published notice shall be given that such mortgage will be foreclosed by
3.26sale of the mortgaged premises or some part thereof, and at least four weeks before the
3.27appointed time of sale a copy of such notice shall be served in like manner as a summons
3.28in a civil action in the district court upon the person in possession of the mortgaged
3.29premises, if the same are actually occupied. If there be a building on such premises used
3.30by a church or religious corporation, for its usual meetings, service upon any officer or
3.31trustee of such corporation shall be a sufficient service upon it. The notices required
3.32by sections 580.041 and 580.042 must be served simultaneously with the notice of
3.33foreclosure required by this section.
3.34The notice required under this section may not be served upon the person in
3.35possession of the mortgaged property until 15 days after the mortgage servicer has sent
4.1the borrower a statement that if the borrower is a service member, or a dependent of a
4.2service member, the borrower may be entitled to certain protections under the federal
4.3Servicemembers Civil Relief Act, United States Code, title 50, section 501, regarding the
4.4service member's interest rate and the risk of foreclosure, and counseling for covered
4.5service members that is available at agencies such as Military OneSource and Armed
4.6Forces Legal Assistance. This notice shall be sent via certified United States mail. The
4.7borrower is entitled to a $500 civil penalty from the mortgage servicer in a civil cause of
4.8action for failure to comply with the notice requirements in this section.
4.9EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
4.10foreclosures commenced on or after that date.

4.11    Sec. 5. Minnesota Statutes 2012, section 580.041, subdivision 1b, is amended to read:
4.12    Subd. 1b. Form and delivery of foreclosure advice notice. (a) The foreclosure
4.13advice notice required by this section must be in 14-point boldface type and must be
4.14printed on colored paper that is other than the color of the notice of foreclosure required
4.15by sections 580.03 and 580.04 and the notice of redemption rights required by this section,
4.16and that does not obscure or overshadow the content of the notice. The title of the notice
4.17must be in 20-point boldface type. The notice must be on its own page. The foreclosure
4.18advice notice required by this section must be delivered with the notice of foreclosure
4.19required by sections 580.03 and 580.04. The foreclosure advice notice required by this
4.20section also must be delivered with each subsequent written communication regarding the
4.21foreclosure mailed to the mortgagor by the foreclosing party up to the day of redemption.
4.22A foreclosing mortgagee will be deemed to have complied with this section if it sends
4.23the foreclosure advice notice required by this section at least once every 60 days during
4.24the period of the foreclosure process. The foreclosure advice notice required by this
4.25section must not be published.
4.26(b) The foreclosure advice notice must provide the homeowner with a single point of
4.27contact with the servicer as defined in section 580.021, subdivision 5. A borrower shall
4.28have a civil cause of action, including a $500 civil penalty against a mortgage servicer
4.29who fails to provide a single point of contact to the borrower in the foreclosure notice.
4.30EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
4.31foreclosures commenced on or after that date.

4.32    Sec. 6. Minnesota Statutes 2012, section 580.041, subdivision 2, is amended to read:
5.1    Subd. 2. Content of foreclosure advice notice. The foreclosure advice notice
5.2required by this section must appear substantially as follows:

5.4		The attorney preparing this foreclosure is: .....
5.5			(Attorney name, address, phone)
5.6		It is being prepared for:
5.7		.....
5.8 5.9 5.10		(lender name, loss mitigationname of employee of servicer or lender that serves as a single point of contact for homeowner to contact, phone number for that employee of servicer or lender)

5.11AS OF [insert date], this lender says that you owe $[insert dollar amount] to bring
5.12your mortgage up to date (or "reinstate" your mortgage). You must pay this amount,
5.13plus interest and other costs, to keep your house from going through a sheriff's sale.
5.14The sheriff's sale is scheduled for [insert date] at [insert time] at [insert place].
5.15Mortgage foreclosure is a complex process. People may contact you with advice and
5.16offers to help "save" your home.
5.17Remember: It is important that you learn as much as you can about foreclosure and
5.18your situation. Find out about all your options before you make any agreements with
5.19anyone about the foreclosure of your home.
5.20Getting Help
5.21As soon as possible, you should contact your lender at the above number to talk
5.22about things you might be able to do to prevent foreclosure. You should also
5.23consider contacting the foreclosure prevention counselor in your area. A foreclosure
5.24prevention counselor can answer your questions, offer free advice, and help you
5.25create a plan which makes sense for your situation.
5.26Contact the Minnesota Home Ownership Center at 651-659-9336 or 866-462-6466
5.27or www.hocmn.org or contact the United States Department of Housing and Urban
5.28Development at 1-800-569-4287 or www.hud.gov to get the phone number and
5.29location of the nearest certified counseling organization. Call today. The longer you
5.30wait, the fewer options you may have for a desirable result."
5.31EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
5.32foreclosures commenced on or after that date.

5.33    Sec. 7. [580.043] MORTGAGE FORECLOSURE DUAL TRACKING
5.34PROHIBITED.
5.35    Subdivision 1. Definitions. For purposes of this section, the terms defined in this
5.36section have the meanings given.
6.1(a) "Borrower" means the individual or entity that is liable on the promissory note
6.2secured by the mortgage, except that the term does not include:
6.3(1) a person who has surrendered the mortgaged property, as evidenced by either a
6.4letter or other written notice confirming the surrender or by delivery of the keys to the
6.5property to the mortgage servicer or authorized agent; or
6.6(2) a person who has filed a bankruptcy case under United States Code, title 11,
6.7chapters 7, 11, 12, or 13, and the bankruptcy court has not entered an order closing or
6.8dismissing the bankruptcy case or granting relief from a stay of foreclosure.
6.9(b) "Complete loan modification request" means a loan modification request that
6.10contains a completed application form, documents verifying a borrower's income and
6.11assets, an explanation of the borrower's hardship, and documents verifying the borrower's
6.12tax information or a signed release for the Internal Revenue Service.
6.13(c) "Dual tracking" means a servicer beginning or continuing a mortgage foreclosure
6.14under this chapter after the servicer has received a request by the borrower for a loan
6.15modification, forbearance, payment deferral, alternate repayment plan, or deed in lieu of
6.16foreclosure and has not accepted or rejected that request.
6.17(d) "Loan modification request" means a written request from a borrower to the
6.18borrower's mortgage servicer for a modification of the borrower's mortgage loan in order
6.19to prevent an anticipated foreclosure or to suspend or terminate a foreclosure that is in
6.20progress.
6.21(e) "Mortgage servicer" means an entity that is responsible for interacting with
6.22the borrower, including managing the loan account on a daily basis, such as collecting
6.23and crediting periodic loan payments, managing an escrow account, or enforcing the
6.24promissory note and mortgage, either as the current owner of the promissory note or
6.25as the current owner's authorized agent.
6.26    Subd. 2. Applicability. This section applies to mortgage foreclosures on the basis
6.27specified in section 580.041, subdivision 1a.
6.28    Subd. 3. Prohibition; dual tracking; continuation or commencement of
6.29foreclosure after receipt of loan modification request. (a) Upon receipt by a mortgage
6.30servicer of a request for a loan modification, forbearance, payment deferral, alternate
6.31repayment plan, or deed in lieu of foreclosure from a borrower regarding a mortgage loan
6.32for which the mortgage servicer is responsible, the mortgage servicer shall not begin a
6.33foreclosure for 90 days or, if a foreclosure of the mortgage loan is in progress, must stop
6.34the foreclosure process for 90 days or until the mortgage servicer and borrower have
6.35agreed upon and entered into a signed agreement, whichever comes first. The mortgage
6.36servicer shall not start or continue a foreclosure, even after the 90 days have passed,
7.1unless:(1) the servicer has provided notice to the borrower that their request has been
7.2rejected, including an explanation for why the request was rejected; or (2) the borrower
7.3has received a copy of a loan modification, forbearance, payment deferral, alternate
7.4repayment plan, or deed in lieu of foreclosure agreement signed by the servicer.
7.5(b) A mortgage servicer need not consider a loan modification request if the loan
7.6modification request is not a complete loan modification request as defined in subdivision
7.71, paragraph (f).
7.8    Subd. 4. Civil cause of action; dual tracking. A borrower who is the victim of
7.9dual tracking by the borrower's mortgage servicer has a civil cause of action against
7.10the mortgage servicer for any damages incurred by the borrower as a result of the dual
7.11tracking plus the borrower's reasonable attorney fees and costs. The servicer is prohibited
7.12from adding monetary judgments and awards under this section to a borrower's mortgage.
7.13    Subd. 5. Injunctive relief. A borrower may bring an action for injunctive relief to
7.14stop a foreclosure based on a material violation of this section. The injunction shall remain
7.15in place until the court determines that the mortgage service has corrected and remedied
7.16the violation or violations giving rise to the action for injunctive relief.
7.17    Subd. 6. Redemption period. The relief available in this section is available to a
7.18borrower during the redemption period under section 580.23. The failure of the servicer to
7.19comply with subdivision 3 shall annul a sheriff sale under this chapter.
7.20EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
7.21foreclosures commenced on or after that date.

7.22    Sec. 8. [580.0431] MANDATORY MEDIATION.
7.23    Subdivision 1. Mandatory mediation. This section applies to foreclosures of
7.24mortgages under chapters 580 and 581 on property consisting of one to four dwelling
7.25units, one of which the owner occupies as the owner's principal place of residency. Prior
7.26to beginning a mortgage foreclosure and before notice of the pendency under section
7.27580.032, subdivision 3, or the lis pendens for a foreclosure under chapter 581 is recorded,
7.28a party foreclosing a mortgage must participate in mandatory mediation and provide to the
7.29mortgagor information contained in a form prescribed in section 580.022, subdivision 1.
7.30The servicer must provide all the relevant contact information for the servicer and any
7.31representative of the servicer who will attend the mediation and the contact information
7.32for the borrower to the Office of Administrative Hearings. The borrower must contact the
7.33Office of Administrative Hearings to confirm their participation in the mediation within
7.34ten days of the scheduled mediation. The servicer shall add a $40 fee to the borrower's
7.35loan once the borrower and servicer have participated in mediation.
8.1    Subd. 2. Counseling. Prior to attending the mandatory mediation, the borrower
8.2must contact the foreclosure prevention counseling agency described in section 580.041,
8.3subdivisions 2 and 2a, to learn about the foreclosure prevention services available to them.
8.4    Subd. 3. Representation. (a) The borrower may have representation at the
8.5mediation conference. The representation may be an attorney, advocate, or other
8.6individual trained in housing counseling.
8.7(b) The servicer must send a representative with the authority to negotiate a resolution.
8.8    Subd. 4. The Office of Administrative Hearings. (a) The Office of Administrative
8.9Hearings shall provide mediation to servicers and borrowers as required in this section.
8.10The Office of Administrative Hearings shall within ten business days of receiving a
8.11request for mediation assign a mediator which may be a judge, attorney, or other staff
8.12trained in mediation. The Office of Administrative Hearings must provide the following
8.13information to the borrower, the servicer, and any subordinate mortgage lienholder within
8.1420 days of receipt of the request:
8.15(1) what documents must be provided prior to mediation to the Office of
8.16Administrative Hearings;
8.17(2) when the mediation will take place;
8.18(3) where the mediation will take place;
8.19(4) who may attend the mediation; and
8.20(5) any rights and responsibilities of the parties to the mediation.
8.21(b) The Office of Administrative Hearings is immune from civil liability for actions
8.22within the scope of their position under this chapter. The mediators assigned do not have a
8.23duty to advise the parties of their legal rights. Nothing in this chapter is a limitation
8.24to the immunity that otherwise extends to the Office of Administrative Hearings that
8.25otherwise exists under the law.
8.26(c) The mediation must occur no later than 45 days after receiving contact from the
8.27servicer requesting the mediation with the Office of Administrative Hearings.
8.28(d) The data regarding the finances and mortgages for these mediations that is
8.29created, collected, and maintained by the Office of Administrative Hearings is private data
8.30on individuals as defined by section 13.02, subdivision 12.
8.31(e) A mediation agreement signed by both parties may be submitted to any court
8.32having jurisdiction over the parties and shall be enforced by any court having jurisdiction
8.33over the parties.
8.34(f) The servicer shall submit a mediation fee of $160 to the Office of Administrative
8.35Hearings at or before the initial mediation meeting.
9.1    Subd. 5. Disposition of fees Mediation fees collected by the Office of Administrative
9.2Hearings under this section must be deposited in the administrative hearings account in
9.3the state treasury and are appropriated to the office for the purposes of this section.
9.4    Subd. 6. Good faith required. (a) The parties must engage in mediation in good
9.5faith. Not participating in good faith includes:
9.6(1) failure to attend and participate in mediation sessions without cause;
9.7(2) failure to provide full information regarding the financial obligations of the
9.8parties and other creditors including the obligation of a creditor to provide information
9.9under section 583.42, subdivision 3, paragraph (c);
9.10(3) failure of the creditor to designate a representative to participate in the mediation
9.11with authority to make binding commitments;
9.12(4) lack of a written statement of debt restructuring alternatives and a statement of
9.13reasons why alternatives are unacceptable to one of the parties; and
9.14(5) other similar behavior that evidences lack of good faith by a party. A failure to
9.15agree to reduce, restructure, refinance, or forgive debt is not, in itself, evidence of lack of
9.16good faith by the creditor. Nothing in sections 583.40 to 583.49 shall require a creditor to
9.17modify the debt that is the subject of the foreclosure proceeding.
9.18(b) If the mediator determines that either party is not participating in good faith as
9.19defined in subdivision 1, the mediator must file an affidavit indicating the reasons for the
9.20finding with the attorney general and with parties to the mediation.
9.21    Subd. 7. Creditor's bad faith; court supervision. If the mediator finds the creditor
9.22has not participated in mediation in good faith, the debtor may require court-supervised
9.23mandatory mediation by filing the affidavit with the district court of the county of the
9.24debtor's residence with a request for court supervision of mediation and serving a copy of
9.25the request on the creditor. Upon request, the court shall require both parties to mediate
9.26under the supervision of the court in good faith for a period of not more than 180 days. All
9.27mortgage foreclosure proceedings must be suspended during this period. The court may
9.28issue orders necessary to effect good faith mediation. Following the mediation period, if
9.29the court finds the creditor has not participated in mediation in good faith, the court shall
9.30by order suspend the creditor's mortgage foreclosure proceeding for an additional period
9.31of 180 days. A creditor found by the mediator not to have participated in good faith shall
9.32pay the attorney fees and costs of the debtor requesting court supervision, in addition to
9.33further suspension of the creditor's mortgage foreclosure proceeding.
9.34    Subd. 8. Debtor's lack of good faith. A creditor may immediately proceed with
9.35creditor's mortgage foreclosure proceedings upon receipt of a mediator's affidavit of a
10.1debtor's lack of good faith notwithstanding any other requirements of sections 583.40
10.2to 583.49.
10.3EFFECTIVE DATE.This section is effective August 1, 2013, and applies to
10.4foreclosures commenced on or after that date."
10.5Amend the title accordingly