1.2relating to real property; providing for mediation prior to commencement
1.3of mortgage foreclosure proceedings on homestead property; creating a
1.4homestead-lender mediation account;amending Minnesota Statutes 2008,
1.5sections 357.18, subdivision 1; 508.82, subdivision 1; 508A.82, subdivision
1.61; 580.021; 580.022, subdivision 1; 580.23, by adding a subdivision; 582.30,
1.7subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 583.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:


1.11    Section 1. Minnesota Statutes 2008, section 580.021, is amended to read:
1.12580.021 FORECLOSURE PREVENTION COUNSELING; MEDIATION
1.13REFERRAL.
1.14    Subdivision 1. Applicability. This section applies to foreclosure of mortgages under
1.15this chapter or chapter 581 on property consisting of one to four family dwelling units, one
1.16of which the owner occupies as the owner's principal place of residency on the date of
1.17service of the notice of sale of the owner.
1.18    Subd. 2. Requirement to provide notice of opportunity for counseling and
1.19mediation. When the written notice required under section 47.20, subdivision 8, is
1.20provided and before the notice of pendency under section 580.032, subdivision 3, is filed,
1.21a party foreclosing on a mortgage must provide to the mortgagor information contained in
1.22a form prescribed in section 580.022, subdivision 1, that:
1.23    (1) foreclosure prevention counseling services provided by an authorized foreclosure
1.24prevention counseling agency are available; and
2.1    (2) notice that the party will transmit the homeowner's name, address, and telephone
2.2number to an approved foreclosure prevention agency and the Office of the Attorney
2.3General; and
2.4(3) notice that if the mortgagor receives counseling services but is unable to
2.5resolve the default, the mortgagor may have the mortgage debt reviewed in a mediation
2.6proceeding with a mediator approved by the attorney general.
2.7Clause (3) expires on July 1, 2012.
2.8    Nothing in this subdivision prohibits the notices required by this subdivision
2.9from being provided concurrently with the written notice required under section 47.20,
2.10subdivision 8.
2.11    For the purposes of this section, an "authorized foreclosure prevention counseling
2.12agency" or "counseling agency" is a nonprofit agency approved by the Minnesota Housing
2.13Finance Agency Home Ownership Center or the United States Department of Housing
2.14and Urban Development to provide foreclosure prevention counseling services.
2.15    Subd. 3. Notification to authorized counseling agency. The party entitled to
2.16foreclose shall, within one week of sending the notice prescribed in section 580.022,
2.17provide to the appropriate authorized foreclosure prevention counseling agency and the
2.18Office of the Attorney General the mortgagor's name, address, and most recent known
2.19telephone number.
2.20    Subd. 4. Notice of provision of counseling; request for contact information. (a)
2.21An authorized foreclosure prevention counseling agency that contacts or is contacted by a
2.22mortgagor or the mortgagor's authorized representative and agrees to provide foreclosure
2.23prevention assistance services to the mortgagor or representative must provide the form
2.24prescribed in section 580.022, subdivision 2, to the mortgagee. The form serves as
2.25notice to the mortgagee that the mortgagor is receiving foreclosure prevention counseling
2.26assistance. Upon receipt of the form, the mortgagee must not commence or continue a
2.27foreclosure proceeding past the day prior to the time when the initial published notice
2.28contained in section 580.03 must be given, except when allowed under sections 583.40
2.29to 583.48.
2.30    (b) The mortgagee must return the form to the authorized foreclosure prevention
2.31counseling agency within 15 days of receipt of the form with the name and telephone
2.32number of the mortgagee's agent. The agent must be a person authorized by the mortgagee
2.33to:
2.34    (1) discuss with the authorized foreclosure prevention counseling agency or the
2.35mortgagor the terms of the mortgage; and
2.36    (2) negotiate any resolution to the mortgagor's default.
3.1    (c) Nothing in this subdivision requires a mortgagee to reach a resolution relating to
3.2the mortgagor's default.
3.3    Subd. 5. Mediation referral. (a) If an authorized foreclosure prevention counseling
3.4agency provides counseling services to a mortgagor, the counseling agency must discuss
3.5repayment options and alternatives for resolving the default with the mortgagor and
3.6mortgagee. If the mortgagor and mortgagee are unable to negotiate a resolution of the
3.7mortgagor's default within 60 days of receipt of the form submitted by the mortgagee
3.8under subdivision 4, paragraph (b), the counseling agency must give the mortgagor a
3.9mediation request affidavit in the form prescribed in section 583.46, subdivision 2, unless
3.10the mortgagor is not eligible for mediation under section 583.41. The counseling agency
3.11also must inform the mortgagor that if the mortgagor wishes to pursue mediation, the form
3.12must be sent by certified mail to the attorney general within seven days of receipt of the
3.13form. The counseling agency must forward the mortgagor's name to the attorney general
3.14along with a copy of the form submitted by the mortgagee under subdivision 4, paragraph
3.15(b), to verify the mortgagor's eligibility to participate in mediation.
3.16(b) This subdivision expires on July 1, 2012.

3.17    Sec. 2. Minnesota Statutes 2008, section 580.022, subdivision 1, is amended to read:
3.18    Subdivision 1. Counseling form. The notice required under section 580.021,
3.19subdivision 2, clause (2), must be printed on colored paper that is other than the color of
3.20any other document provided with it and must appear substantially as follows:
3.23Why You Are Getting This Notice
3.24YOU HAVE DEFAULTED ON A MORTGAGE OF THE HOMESTEAD
3.25PROPERTY DESCRIBED AS [Legal Description and Property Address]. THE HOLDER
3.26OF THE MORTGAGE, [Name of Holder of Mortgage] INTENDS TO FORECLOSE ON
3.27THIS PROPERTY. YOU HAVE THE RIGHT TO PARTICIPATE IN A MEDIATION
3.28PROCESS TO SEE IF A RESOLUTION CAN BE REACHED WITH [Name of Holder
3.29of Mortgage]. TO LEARN MORE ABOUT MEDIATION, CONTACT THE OFFICE OF
3.30THE ATTORNEY GENERAL AT (651) 296-3353 OR 1-800-657-3787, OR ONLINE AT
3.31WWW.AG.STATE.MN.US. IF YOU WANT TO PARTICIPATE IN MEDIATION, YOU
3.32MUST FIRST PARTICIPATE IN FORECLOSURE PREVENTION COUNSELING
3.33WITH THE AGENCY LISTED BELOW.
3.34    We do not want you to lose your home and your equity. Government-approved
3.35nonprofit agencies are available to, if possible, help you prevent foreclosure.
4.1    We have given your contact information to an authorized foreclosure prevention
4.2counseling agency to contact you to help you prevent foreclosure.
4.3Who Are These Foreclosure Prevention Counseling Agencies
4.4    They are nonprofit agencies who are experts in housing and foreclosure prevention
4.5counseling and assistance. They are experienced in dealing with lenders and homeowners
4.6who are behind on mortgage payments and can help you understand your options and
4.7work with you to address your delinquency. They are approved by either the Minnesota
4.8Housing Finance Agency or the United States Department of Housing and Urban
4.9Development. They are not connected with us in any way.
4.10Which Agency Will Contact You
4.11    [insert name, address, and telephone number of agency]
4.12    You can also contact them directly."

4.13    Sec. 3. Minnesota Statutes 2008, section 580.23, is amended by adding a subdivision
4.14to read:
4.15    Subd. 1a. Five-month redemption period. (a) Notwithstanding subdivision 1,
4.16if, before the sale of lands in conformity with the preceding sections of this chapter,
4.17the mortgagor or the mortgagor's personal representatives or assigns participated in
4.18mediation proceedings under sections 583.40 to 583.49, the period of time for redemption
4.19as provided under subdivision 1 is five months instead of six months.
4.20(b) This subdivision expires on July 1, 2012.

4.21    Sec. 4. Minnesota Statutes 2008, section 582.30, subdivision 2, is amended to read:
4.22    Subd. 2. Not if six-month or five-week redemption period No deficiency
4.23judgment. A deficiency judgment is not allowed if a mortgage is foreclosed by
4.24advertisement under chapter 580, and has a redemption period of six months under section
4.25580.23, subdivision 1 , five months under section 580.23, subdivision 1a, or five weeks
4.26under section 582.032.

4.27    Sec. 5. [583.40] DEFINITIONS.
4.28    Subdivision 1. Applicability. The definitions in this section apply to sections
4.29583.40 to 583.48.
4.30    Subd. 2. Commence a foreclosure proceeding. "Commence a foreclosure
4.31proceeding" means to file a notice of pendency under section 580.032 or commence a
4.32foreclosure action under chapter 581.
5.1    Subd. 3. Send. "Send" means to deliver by certified mail or another method
5.2acknowledging receipt.
5.3    Subd. 4. Serve. "Serve" means personal service under the Minnesota Rules of
5.4Civil Procedure.

5.5    Sec. 6. [583.41] APPLICABILITY.
5.6    Subdivision 1. Creditors. (a) Sections 583.40 to 583.48 apply to a person who is
5.7the holder of a mortgage to which section 580.021 applies.
5.8(b) Sections 583.40 to 583.48 do not apply to property if the holder of the mortgage,
5.9before selling the property to the owner, occupied the property as the holder's principal
5.10place of residency.
5.11    Subd. 2. Debtors. Sections 583.40 to 583.48 apply to a debtor who has received
5.12foreclosure prevention counseling under section 580.021 and who has been verified as
5.13eligible for mediation by an authorized foreclosure prevention counseling agency, or who
5.14files a mediation request under section 583.42, subdivision 1, paragraph (b), indicating
5.15that the debtor did not receive the required preforeclosure prevention counseling and
5.16mediation notice. Sections 583.40 to 583.48 do not apply to a debtor who qualifies as a
5.17debtor under the Farmer-Lender Mediation Act.
5.18    Subd. 3. Applicability. Sections 580.40 to 583.48 do not apply to mortgages
5.19refinanced or modified under the Home Affordable Refinance or Home Affordable
5.20Modification Programs established by the United States Treasury Department in 2009.

5.21    Sec. 7. [583.42] MANDATORY MEDIATION PROCEEDINGS.
5.22    Subdivision 1. Mediation request. (a) A debtor who wishes to participate in
5.23mediation must send a mediation request affidavit in the form prescribed in section 583.46,
5.24subdivision 2 to the attorney general within seven days after receiving the mediation
5.25request affidavit from the counseling agency under section 580.021, subdivision 5. The
5.26debtor must disclose all known creditors with debts secured by the property. A debtor
5.27who fails to send a timely mediation request waives the right to mediation under sections
5.28583.40 to 583.48 for that specific mortgage foreclosure. Upon receipt of a mediation
5.29request affidavit, the attorney general must send a copy of the affidavit to the holder of
5.30the mortgage. The holder of the mortgage must not commence a foreclosure proceeding
5.31against the property or proceed with a proceeding to which paragraph (b) applies until the
5.32stay of the foreclosure is lifted or as otherwise authorized under sections 583.40 to 583.48.
5.33(b) If a debtor did not receive the preforeclosure prevention counseling and
5.34mediation notice required under section 580.021 and a mortgage foreclosure proceeding
6.1has been commenced against the debtor's property, the debtor may send the mediation
6.2request affidavit to the attorney general at any time before the sheriff's sale. The mediation
6.3request affidavit must indicate that the debtor has not received the required notice.
6.4(c) The attorney general must combine all mediation requests for the same debtor
6.5that are received before the initial mediation meeting into one mediation proceeding.
6.6(d) The debtor shall only be entitled to a single mediation proceeding for that specific
6.7mortgage foreclosure. In the event a mortgage is modified through the mediation process
6.8contained in sections 583.40 to 583.48, that mortgage shall not be eligible for mediation if
6.9the modified mortgage becomes the subject of subsequent foreclosure proceeding.
6.10    Subd. 2. Mediation proceeding notice. (a) Within ten days after receiving a
6.11mediation request, the attorney general must send:
6.12(1) a mediation proceeding notice to the debtor; and
6.13(2) a mediation proceeding notice to all creditors with a lien on the property listed by
6.14the debtor in the mediation request.
6.15(b) The mediation proceeding notice must disclose:
6.16(1) the name and address of the debtor;
6.17(2) that the debtor has requested mediation under sections 583.40 to 583.48;
6.18(3) the time and place for the initial mediation meeting;
6.19(4) that in lieu of having a mediator assigned by the attorney general, the debtor and
6.20any one or more of the creditors may agree to select and pay for a professional mediator
6.21who must be approved by the attorney general;
6.22(5) that sections 583.40 to 583.48 do not prohibit the creditor from continuing the
6.23foreclosure proceeding up through, but not including, the time when the initial published
6.24notice contained in section 580.03 must be given but the creditor must not publish the
6.25initial notice, except as otherwise allowed under sections 583.40 to 583.48; and
6.26(6) by the initial mediation meeting, the creditor must provide the debtor with a copy
6.27of the mortgage and note, a statement of interest rates on the debt, delinquent payments,
6.28unpaid principal and interest balances, the creditor's estimate of value of the property, and
6.29a general description of the debt restructuring programs available from the creditor.
6.30(c) An initial mediation meeting must be held within 20 days of the mediation
6.31proceeding notice. The initial mediation meeting may be held by telephone or video
6.32conference. At the discretion of the mediator, mediation meetings may be held by
6.33interactive telephonic or other electronic means by which the mediator and all parties
6.34can hear each other and participate in all discussions during the meeting. The mediator
6.35shall reserve the right to require the parties, or their representatives, to appear in person
6.36for the mediation.
7.1(d) In lieu of the attorney general assigning a mediator, the debtor and creditor may
7.2agree to select and pay for a professional mediator for the mediation proceeding. The
7.3attorney general must approve the professional mediator before the professional mediator
7.4may be assigned to the mediation proceeding. The professional mediator may not be
7.5approved unless the professional mediator prepares and signs an affidavit:
7.6(1) disclosing any biases, relationships, or previous associations with the debtor or
7.7creditor subject to the mediation proceedings;
7.8(2) stating certifications, training, or qualifications as a professional mediator;
7.9(3) disclosing fees to be charged or a rate schedule of fees for the mediation
7.10proceeding; and
7.11(4) affirming to uphold sections 583.40 to 583.48.
7.12    Subd. 3. Effect of mediation proceeding notice. (a) Sections 583.40 to 583.48
7.13do not prevent a creditor from continuing the foreclosure proceeding up through, but not
7.14including, the time when the initial published notice contained in section 580.03 must be
7.15given. A creditor must not publish the initial notice, except as otherwise allowed under
7.16sections 583.40 to 583.48.
7.17(b) Notwithstanding paragraph (a), a creditor receiving a mediation proceeding
7.18notice may commence or continue a mortgage foreclosure proceeding against the property
7.19if:
7.20(1) the creditor receives a mediator's affidavit of the debtor's lack of good faith
7.21under section 583.43;
7.22(2) ten days have expired since the debtor and creditor signed an unrevoked
7.23agreement under subdivision 7 allowing the creditor to commence mortgage foreclosure
7.24proceedings against the property; or
7.25(3) the creditor receives a termination statement under subdivision 8.
7.26(c) A creditor receiving a mediation proceeding notice must provide the debtor
7.27by the initial mediation meeting with a copy of the mortgage and note, a statement of
7.28interest rates on the debt, delinquent payments, unpaid principal and interest balances,
7.29the creditor's estimate of the value of the property, and a general description of the debt
7.30restructuring programs available from the creditor.
7.31(d) The provisions of this subdivision are subject to section 583.43, relating to
7.32extensions or reductions in the period before a creditor may commence or continue a
7.33mortgage foreclosure proceeding.
7.34    Subd. 4. Eligibility and duties of mediator. (a) The attorney general may appoint
7.35and arrange for the compensation of mediators who are qualified persons experienced
7.36in finance or negotiation.
8.1(b) A person is not eligible to be a mediator if the person has a conflict of interest
8.2that does not allow the person to be impartial.
8.3(c) At all mediation meetings, the mediator shall:
8.4(1) attempt to mediate between the debtor and the creditors;
8.5(2) advise the debtor and creditors of assistance programs that are available;
8.6(3) attempt to arrive at an agreement to fairly adjust, refinance, or pay the mortgage
8.7debt; and
8.8(4) advise, counsel, and assist the debtor and creditor in attempting to arrive at an
8.9agreement for the future conduct of financial relations between them.
8.10(d) The mediator shall have the discretion to determine the format of the mediation
8.11meetings, including whether or not to keep the parties separate.
8.12    Subd. 5. Mediator liability and immunity. A mediator and the attorney general
8.13and their employees are immune from civil liability for actions within the scope of their
8.14positions under this chapter. A mediator and the attorney general and their employees do
8.15not have a duty to advise a creditor or debtor about the law or to encourage or assist a
8.16debtor or creditor regarding their legal rights. This subdivision is in addition to and not
8.17a limitation of immunity that otherwise exists under law.
8.18    Subd. 6. Mediation period. The mediator may call mediation meetings during the
8.19mediation period, which may be up to 60 days after the debtor sends a mediation request
8.20to the attorney general.
8.21    Subd. 7. Mediation agreement. (a) If an agreement is reached among the debtor
8.22and creditors, the mediator must witness and sign a written mediation agreement, have
8.23it signed by the debtor and creditors, and if applicable, submit the agreement to (1) the
8.24attorney general, and (2) any court that has jurisdiction over mortgage foreclosure or
8.25redemption proceedings regarding the property.
8.26(b) The debtor and creditors who are parties to the approved mediation agreement and
8.27creditors who have filed claim forms and have not objected to the mediation agreement:
8.28(1) are bound by the terms of the agreement; and
8.29(2) may enforce the mediation agreement as a legal contract.
8.30(c) A debtor may agree to allow a creditor to commence a mortgage foreclosure
8.31proceeding against property that is subject to mediation before the proceeding is otherwise
8.32allowed under subdivision 3, provided that the debtor or creditor may rescind the
8.33agreement within five business days after that debtor and creditor both sign the agreement.
8.34    Subd. 8. Termination of mediation. (a) The mediator must sign and serve on the
8.35parties and the attorney general an affidavit by the end of the mediation period.
9.1(b) The mediator must prepare an affidavit acknowledging that mediation has ended
9.2and that:
9.3(1) describes or references agreements reached between a creditor and the debtor, if
9.4any, and agreements reached among creditors, if any; or
9.5(2) states that no agreement was reached between the parties, despite a good faith
9.6effort by the parties.
9.7(c) Mediation agreements may be included as part of the affidavit.
9.8(d) Within three business days after the end of mediation, the mediator must forward
9.9the affidavit under paragraph (b) for recording with the county recorder or registrar
9.10of titles of the county where the property is located. The filed affidavit is prima facie
9.11evidence of the facts stated in the affidavit.

9.12    Sec. 8. [583.43] GOOD FAITH REQUIRED; COURT-SUPERVISED
9.13MEDIATION.
9.14    Subdivision 1. Obligation of good faith. The parties must engage in mediation in
9.15good faith. Not participating in good faith includes:
9.16(a) failure to attend and participate in mediation sessions without cause;
9.17(b) failure to provide full information regarding the financial obligations of the
9.18parties and other creditors including the obligation of a creditor to provide information
9.19under section 583.42, subdivision 3, paragraph (c);
9.20(c) failure of the creditor to designate a representative to participate in the mediation
9.21with authority to make binding commitments;
9.22(d) lack of a written statement of debt restructuring alternatives and a statement of
9.23reasons why alternatives are unacceptable to one of the parties; and
9.24(e) other similar behavior that evidences lack of good faith by a party. A failure to
9.25agree to reduce, restructure, refinance, or forgive debt is not, in itself, evidence of lack of
9.26good faith by the creditor. Nothing in sections 583.40 to 583.49 shall require a creditor to
9.27modify the debt that is the subject of the foreclosure proceeding.
9.28    Subd. 2. Party's bad faith; mediator's affidavit. If the mediator determines that
9.29either party is not participating in good faith as defined in subdivision 1, the mediator must
9.30file an affidavit indicating the reasons for the finding with the attorney general and with
9.31parties to the mediation.
9.32    Subd. 3. Creditor's bad faith; court supervision. If the mediator finds the creditor
9.33has not participated in mediation in good faith, the debtor may require court-supervised
9.34mandatory mediation by filing the affidavit with the district court of the county of the
9.35debtor's residence with a request for court supervision of mediation and serving a copy of
10.1the request on the creditor. Upon request, the court must require both parties to mediate
10.2under the supervision of the court in good faith for a period of not more than 30 days. All
10.3mortgage foreclosure proceedings must be suspended during this period. The court may
10.4issue orders necessary to effect good faith mediation. Following the mediation period, if
10.5the court finds the creditor has not participated in mediation in good faith, the court must
10.6by order suspend the creditor's mortgage foreclosure proceeding for an additional period
10.7of 30 days. A creditor found by the mediator not to have participated in good faith must
10.8pay the attorney fees and costs of the debtor requesting court supervision.
10.9    Subd. 4. Debtor's lack of good faith. A creditor may immediately commence or
10.10proceed with a mortgage foreclosure proceeding upon receipt of a mediator's affidavit of a
10.11debtor's lack of good faith, notwithstanding any other requirements of sections 583.40
10.12to 583.48.
10.13    Subd. 5. Review of good faith finding. (a) Upon petition by a debtor or creditor, a
10.14court may review a mediator's decision regarding whether to file an affidavit of lack
10.15of good faith. The review is limited to whether the mediator committed an abuse of
10.16discretion in filing, or failing to file, an affidavit of lack of good faith. The petition must be
10.17reviewed by the court within ten days after the petition is filed.
10.18(b) If the court finds that the mediator committed an abuse of discretion in filing, or
10.19failing to file, an affidavit of lack of good faith, the court may:
10.20(1) reinstate mediation and the stay of creditor's mortgage foreclosure proceeding;
10.21(2) order court-supervised mediation; or
10.22(3) allow a creditor to proceed immediately with a mortgage foreclosure proceeding.

10.23    Sec. 9. [583.44] CREDITOR NOT ATTENDING MEDIATION MEETING.
10.24    Subdivision 1. Filing and effect of claim form. A creditor that is notified of the
10.25initial mediation meeting is subject to and bound by a mediation agreement if the creditor
10.26does not attend mediation meetings, unless the creditor files a claim form. In lieu of
10.27attending a mediation meeting, a creditor may file a claim form with the mediator before
10.28the scheduled meeting. By filing a claim form the creditor agrees to be bound by a
10.29mediation agreement reached at the mediation meeting unless an objection is filed within
10.30the time specified in subdivision 2. The mediator must notify the creditors who have filed
10.31claim forms of the terms of any agreement.
10.32    Subd. 2. Objections to agreements. A creditor who has filed a claim form may
10.33serve a written objection to the terms of the mediation agreement on the mediator and the
10.34debtor within ten days after receiving notice of the mediation agreement. If a creditor files
10.35an objection to the terms of a mediation agreement, the mediator must meet again with
11.1debtors and creditors within ten days after receiving the objection. Notwithstanding the
11.2mediation period under section 583.43, subdivision 7, if an objection is filed, the mediator
11.3must call mediation meetings during the ten-day period following receipt of the objection.

11.4    Sec. 10. [583.45] DATA PRACTICES.
11.5Data regarding the finances of individual debtors and creditors created, collected,
11.6and maintained by the attorney general or mediators under sections 583.40 to 583.48 are
11.7private data on individuals or nonpublic data as defined in section 13.02, subdivision 9
11.8or 12.

11.9    Sec. 11. [583.46] FORMS AND COMPENSATION.
11.10    Subdivision 1. Compensation. The attorney general must set the compensation
11.11of mediators.
11.12    Subd. 2. Mediation request affidavit form. The affidavit for requesting mediation
11.13under section 583.42, must be in substantially the following form:
11.15Re: Homestead-Lender Mediation Act Applicability.

11.16	State of Minnesota ___	)
11.17		) SS.
11.18	County of ___	)

11.19_________________________, being first duly sworn, deposes and says:
11.20I wish to participate in a mediation process to resolve a dispute with the holder of a
11.21mortgage on property in which I have an ownership interest, located at:
11.26CHECK THE APPLICABLE STATEMENT
11.27[ ] This property consists of one to four family dwelling units, one of which I
11.28occupied as my principal place of residency on the date that I received a Preforeclosure
11.29Notice relating to the dispute.
11.30[ ] I did not receive a Preforeclosure Notice but this property consists of one to four
11.31family dwelling units, one of which I occupied as my principal place of residency on the
11.32date of this Mediation Request Affidavit.
11.33_______________________________

12.1	Subscribed and sworn to before me this
12.2	___ day of ___ , ___ .
12.3	___
12.4	Notary Public, ___ County ___
12.5	My Commission expires: ___

12.6    Sec. 12. [583.47] ENFORCEMENT.
12.7A mediation agreement may be enforced by a state district court.

12.8    Sec. 13. [583.48] INCONSISTENT LAWS.
12.9Sections 583.40 to 583.47 have precedence over any inconsistent or conflicting laws,
12.10including chapters 580 and 581.

12.11    Sec. 14. [583.49] EXPIRATION.
12.12Sections 583.40 to 583.48 expire July 1, 2012.

12.13    Sec. 15. EFFECTIVE DATE.
12.14This article is effective July 1, 2009, and applies to foreclosures commenced on or
12.15after that date.


12.18    Section 1. Minnesota Statutes 2008, section 357.18, subdivision 1, is amended to read:
12.19    Subdivision 1. County recorder fees. The fees to be charged by the county recorder
12.20shall be and not exceed the following:
12.21(1) for indexing and recording any deed or other instrument a fee of $46; $10.50
12.22shall be paid to the state treasury and credited to the general fund; $10 shall be deposited
12.23in the technology fund pursuant to subdivision 3; and $25.50 shall be deposited in the
12.24county general fund;
12.25(1a) during the period from the enactment of sections 583.40 to 583.49 through
12.26December 31, 2014, the fee for indexing and recording any deed or other instrument will
12.27be $50; $10.50 shall be paid to the state treasury and credited to the general fund; $10 shall
12.28be deposited in the technology fund pursuant to subdivision 4; $25.50 shall be deposited
12.29in the county general fund; and $4 shall be paid to the mediation act account;
13.1(2) for documents containing multiple assignments, partial releases or satisfactions a
13.2fee of $46; if the document cites more than four recorded instruments, an additional fee of
13.3$10 for each additional instrument cited over the first four citations;
13.4(3) for certified copies of any records or papers, $10;
13.5(4) for a noncertified copy of any instrument or writing on file or recorded in the
13.6office of the county recorder, or any specified page or part of it, an amount as determined
13.7by the county board for each page or fraction of a page specified. If computer or microfilm
13.8printers are used to reproduce the instrument or writing, a like amount per image;
13.9(5) for an abstract of title, the fees shall be determined by resolution of the county
13.10board duly adopted upon the recommendation of the county recorder, and the fees shall
13.11not exceed $10 for every entry, $100 for abstract certificate, $1 per page for each exhibit
13.12included within an abstract as a part of an abstract entry, and $5 per name for each
13.13required name search certification;
13.14(6) for a copy of an official plat filed pursuant to section 505.08, the fee shall be $10
13.15and an additional $5 shall be charged for the certification of each plat;
13.16(7) for filing an amended floor plan in accordance with chapter 515, an amended
13.17condominium plat in accordance with chapter 515A, or a common interest community
13.18plat or amendment complying with section 515B.2-110, subsection (c), the fee shall be 50
13.19cents per apartment or unit with a minimum fee of $56;
13.20(8) for a copy of a floor plan filed pursuant to chapter 515, a copy of a condominium
13.21plat filed in accordance with chapter 515A, or a copy of a common interest community
13.22plat complying with section 515B.2-110, subsection (c), the fee shall be $1 for each page
13.23of the floor plan, condominium plat or common interest community plat with a minimum
13.24fee of $10;
13.25(9) for recording any plat, a fee of $56, of which $10.50 must be paid to the state
13.26treasury and credited to the general fund, $10 must be deposited in the technology fund
13.27pursuant to subdivision 3 4, and $35.50 must be deposited in the county general fund; and
13.28(10) for a noncertified copy of any document submitted for recording, if the original
13.29document is accompanied by a copy or duplicate original, $2. Upon receipt of the copy
13.30or duplicate original and payment of the fee, a county recorder shall return it marked
13.31"copy" or "duplicate," showing the recording date and, if available, the document number
13.32assigned to the original.

13.33    Sec. 2. Minnesota Statutes 2008, section 508.82, subdivision 1, is amended to read:
13.34    Subdivision 1. Standard documents. The fees to be charged by the registrar of
13.35titles shall be and not exceed the following:
14.1    (1) of the fees provided herein, $1.50 of the fees collected under clauses (2), (3), (4),
14.2(11), (13), (15), (17), and (18) for filing or memorializing shall be paid to the state treasury
14.3pursuant to section 508.75 and credited to the general fund;
14.4    (2) for registering a first certificate of title, including issuing a copy of it, $46.
14.5Pursuant to clause (1), distribution of this fee is as follows:
14.6    (i) $10.50 shall be paid to the state treasury and credited to the general fund;
14.7    (ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
14.8subdivision 3 4; and
14.9    (iii) $25.50 shall be deposited in the county general fund;
14.10(2a) during the period from the enactment of sections 583.40 to 583.49 through
14.11December 31, 2014, the fee for registering a first certificate of title, including issuing a
14.12copy of it, $50. Pursuant to clause (1), distribution of the fee is as follows:
14.13(i) $10.50 shall be paid to the state treasury and credited to the general fund;
14.14(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
14.15subdivision 4;
14.16(iii) $25.50 shall be deposited in the county general fund; and
14.17(iv) $4 shall be paid to the Homestead-Lender Mediation Act account;
14.18    (3) for registering each instrument transferring the fee simple title for which a new
14.19certificate of title is issued and for the registration of the new certificate of title, including
14.20a copy of it, $46. Pursuant to clause (1), distribution of this fee is as follows:
14.21    (i) $12 shall be paid to the state treasury and credited to the general fund;
14.22    (ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
14.23subdivision 3 4; and
14.24    (iii) $24 shall be deposited in the county general fund;
14.25(3a) during the period from the enactment of sections 583.40 to 583.49 through
14.26December 31, 2014, the fee for registering each instrument transferring the fee simple title
14.27for which a new certificate of title is issued and for the registration of the new certificate of
14.28title, including a copy of it, $50. Pursuant to clause (1), distribution of the fee is as follows:
14.29(i) $12 shall be paid to the state treasury and credited to the general fund;
14.30(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
14.31subdivision 4;
14.32(iii) $24 shall be deposited in the county general fund; and
14.33(iv) $4 shall be paid to the Homestead-Lender Mediation Act account;
14.34    (4) for the entry of each memorial on a certificate, $46. For multiple certificate
14.35entries, $20 thereafter. Pursuant to clause (1), distribution of this fee is as follows:
14.36    (i) $12 shall be paid to the state treasury and credited to the general fund;
15.1    (ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
15.2subdivision 3 4;
15.3    (iii) $24 shall be deposited in the county general fund; and
15.4    (iv) $20 shall be deposited in the county general fund for each multiple entry used;
15.5(4a) during the period from the enactment of sections 583.40 to 583.49 through
15.6December 31, 2014, the fee for the entry of each memorial on a certificate, $50. For
15.7multiple certificate entries, $20 thereafter. Pursuant to clause (1), distribution of the fee
15.8is as follows:
15.9(i) $12 shall be paid to the state treasury and credited to the general fund;
15.10(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
15.11subdivision 4;
15.12(iii) $24 shall be deposited in the county general fund;
15.13(iv) $4 shall be paid to the Homestead-Lender Mediation Act account; and
15.14(v) $20 shall be deposited in the county general fund for each multiple entry used;
15.15    (5) for issuing each residue certificate and each additional new certificate, $40;
15.16    (6) for exchange certificates, $20 for each certificate canceled and $20 for each
15.17new certificate issued;
15.18    (7) for each certificate showing condition of the register, $50;
15.19    (8) for any certified copy of any instrument or writing on file or recorded in the
15.20registrar of titles' office, $10;
15.21    (9) for a noncertified copy of any certificate of title, other than the copies issued
15.22under clauses (2) and (3), any instrument or writing on file or recorded in the office of
15.23the registrar of titles, or any specified page or part of it, an amount as determined by the
15.24county board for each page or fraction of a page specified. If computer or microfilm
15.25printers are used to reproduce the instrument or writing, a like amount per image;
15.26    (10) for a noncertified copy of any document submitted for recording, if the original
15.27document is accompanied by a copy or duplicate original, $2. Upon receipt of the copy
15.28or duplicate original and payment of the fee, a registrar of titles shall return it marked
15.29"copy" or "duplicate," showing the recording date and, if available, the document number
15.30assigned to the original;
15.31    (11) for filing two copies of any plat, other than a CIC plat complying with section
15.32515B.2-110 , paragraph (c), in the office of the registrar, $56. Pursuant to clause (1),
15.33distribution of this fee is as follows:
15.34    (i) $12 shall be paid to the state treasury and credited to the general fund;
15.35    (ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
15.36subdivision 3 4; and
16.1    (iii) $34 shall be deposited in the county general fund;
16.2    (12) for any other service under this chapter, such fee as the court shall determine;
16.3    (13) for filing any document affecting two or more units in a condominium governed
16.4by chapter 515, $46 for the first certificate upon which the document is registered, and for
16.5multiple certificate entries, $20 for each additional certificate upon which the document
16.6is registered. For purposes of this paragraph, an amendment to the declaration of a
16.7condominium governed by chapter 515 and a related amendment to the condominium
16.8floor plans shall be considered a single document, and the filing fee shall be $56 for the
16.9first certificate upon which the document is registered, and for multiple certificate entries,
16.10$20 for each additional certificate upon which the document is registered. Pursuant to
16.11clause (1), distribution of this fee is as follows:
16.12    (i) $12 shall be paid to the state treasury and credited to the general fund;
16.13    (ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
16.14subdivision 3 4;
16.15    (iii) $24 shall be deposited in the county general fund for amendment to a declaration;
16.16    (iv) $20 shall be deposited in the county general fund for each multiple entry
16.17used; and
16.18    (v) $34 shall be deposited in the county general fund for an amended floor plan;
16.19    (14) for issuance of a CECT pursuant to section 508.351, $40;
16.20    (15) for filing a common interest community declaration and a CIC plat complying
16.21with section 515B.2-110, paragraph (c); an amendment to a common interest community
16.22declaration and a related amendment to a CIC plat complying with section 515B.2-110,
16.23paragraph (c); or a supplemental declaration and a related supplemental CIC plat
16.24complying with section 515B.2-110, paragraph (c), each of which related documents
16.25shall be considered a single document, the filing fee shall be $56 for the first certificate
16.26upon which the document is registered, and for multiple certificate entries, $20 for each
16.27additional certificate upon which the document is registered. For filing any other document
16.28affecting two or more units in a common interest community, the filing fee shall be $46
16.29for the first certificate upon which the document is registered, and for multiple certificate
16.30entries, $20 for each additional certificate upon which the document is registered. The
16.31same fees shall apply to filing any document affecting two or more units or other parcels
16.32subject to a master declaration. Pursuant to clause (1), distribution of this fee is as follows:
16.33    (i) $12 shall be paid to the state treasury and credited to the general fund;
16.34    (ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
16.35subdivision 3 4;
17.1    (iii) $24 shall be deposited in the county general fund for the filing of an amendment
17.2complying with section 515B.2-110, subsection (c);
17.3    (iv) $20 shall be deposited in the county general fund for each multiple entry
17.4used; and
17.5    (v) $34 shall be deposited in the county general fund for the filing of a condominium
17.6or CIC plat or amendment;
17.7    (16) for a copy of a condominium floor plan filed in accordance with chapter 515,
17.8or a copy of a common interest community plat complying with section 515B.2-110,
17.9subsection (c) , the fee shall be $1 for each page of the floor plan or common interest
17.10community plat with a minimum fee of $10;
17.11    (17) for the filing of a certified copy of a plat of the survey pursuant to section
17.12508.23 or 508.671, $46. Pursuant to clause (1), distribution of this fee is as follows:
17.13    (i) $12 shall be paid to the state treasury and credited to the general fund;
17.14    (ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
17.15subdivision 3 4; and
17.16    (iii) $24 shall be deposited in the county general fund;
17.17    (18) for filing a registered land survey in triplicate in accordance with section
17.18508.47, subdivision 4 , $56. Pursuant to clause (1), distribution of this fee is as follows:
17.19    (i) $12 shall be paid to the state treasury and credited to the general fund;
17.20    (ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
17.21subdivision 3 4; and
17.22    (iii) $34 shall be deposited in the county general fund; and
17.23    (19) for furnishing a certified copy of a registered land survey in accordance with
17.24section 508.47, subdivision 4, $15.

17.25    Sec. 3. Minnesota Statutes 2008, section 508A.82, subdivision 1, is amended to read:
17.26    Subdivision 1. Standard documents. The fees to be charged by the registrar of
17.27titles shall be and not exceed the following:
17.28(1) of the fees provided herein, $1.50 of the fees collected under clauses (2), (3),
17.29(5), (12), (14), (16), and (19) for filing or memorializing shall be paid to the state treasury
17.30pursuant to section 508.75 and credited to the general fund;
17.31(2) for registering a first CPT, including issuing a copy of it, $46. Pursuant to clause
17.32(1), distribution of the fee is as follows:
17.33(i) $10.50 shall be paid to the state treasury and credited to the general fund;
17.34(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
17.35subdivision 3 4; and
18.1(iii) $25.50 shall be deposited in the county general fund;
18.2(2a) during the period from the enactment of sections 583.40 to 583.49 through
18.3December 31, 2014, the fee for registering a first CPT, including issuing a copy of it, $50.
18.4Pursuant to clause (1), distribution of the fee is as follows:
18.5(i) $10.50 shall be paid to the state treasury and credited to the general fund;
18.6(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
18.7subdivision 4;
18.8(iii) $25.50 shall be deposited in the county general fund; and
18.9(iv) $4 shall be paid to the Homestead-Lender Mediation Act account;
18.10(3) for registering each instrument transferring the fee simple title for which a
18.11new CPT is issued and for the registration of the new CPT, including a copy of it, $46.
18.12Pursuant to clause (1), distribution of the fee is as follows:
18.13(i) $12 shall be paid to the state treasury and credited to the general fund;
18.14(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
18.15subdivision 3 4; and
18.16(iii) $24 shall be deposited in the county general fund;
18.17(3a) during the period from the enactment of sections 583.40 to 583.49 through
18.18December 31, 2014, the fee for registering each instrument transferring the fee simple title
18.19for which a new CPT is issued and for the registration of the new CPT, including a copy of
18.20it, $50. Pursuant to clause (1), distribution of the fee is as follows:
18.21(i) $12 shall be paid to the state treasury and credited to the general fund;
18.22(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
18.23subdivision 4;
18.24(iii) $24 shall be deposited in the county general fund; and
18.25(iv) $4 shall be paid to the Homestead-Lender Mediation Act account;
18.26(4) for issuance of a CECT pursuant to section 508A.351, $40;
18.27(5) for the entry of each memorial on a CPT, $46; for multiple certificate entries, $20
18.28thereafter. Pursuant to clause (1), distribution of the fee is as follows:
18.29(i) $12 shall be paid to the state treasury and credited to the general fund;
18.30(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
18.31subdivision 3 4;
18.32(iii) $24 shall be deposited in the county general fund; and
18.33(iv) $20 shall be deposited in the county general fund for each multiple entry used;
18.34(5a) during the period from the enactment of sections 583.40 to 583.49 through
18.35December 31, 2014, the fee for the entry of each memorial on a CPT, $50; for multiple
19.1certificate entries, $20 thereafter. Pursuant to clause (1), distribution of the fee is as
19.2follows:
19.3(i) $12 shall be paid to the state treasury and credited to the general fund;
19.4(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
19.5subdivision 4;
19.6(iii) $24 shall be deposited in the county general fund;
19.7(iv) $4 shall be paid to the Homestead-Lender Mediation Act account; and
19.8(v) $20 shall be deposited in the county general fund for each multiple entry used;
19.9(6) for issuing each residue CPT, $40;
19.10(7) for exchange CPTs or combined certificates of title, $20 for each CPT and
19.11certificate of title canceled and $20 for each new CPT or combined certificate of title
19.12issued;
19.13(8) for each CPT showing condition of the register, $50;
19.14(9) for any certified copy of any instrument or writing on file or recorded in the
19.15registrar of titles' office, $10;
19.16(10) for a noncertified copy of any CPT, other than the copies issued under clauses
19.17(2) and (3), any instrument or writing on file or recorded in the office of the registrar of
19.18titles, or any specified page or part of it, an amount as determined by the county board for
19.19each page or fraction of a page specified. If computer or microfilm printers are used to
19.20reproduce the instrument or writing, a like amount per image;
19.21(11) for a noncertified copy of any document submitted for recording, if the original
19.22document is accompanied by a copy or duplicate original, $2. Upon receipt of the copy
19.23or duplicate original and payment of the fee, a registrar of titles shall return it marked
19.24"copy" or "duplicate," showing the recording date and, if available, the document number
19.25assigned to the original;
19.26(12) for filing two copies of any plat in the office of the registrar, $56. Pursuant to
19.27clause (1), distribution of the fee is as follows:
19.28(i) $12 shall be paid to the state treasury and credited to the general fund;
19.29(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
19.30subdivision 3 4; and
19.31(iii) $34 shall be deposited in the county general fund;
19.32(13) for any other service under sections 508A.01 to 508A.85, the fee the court
19.33shall determine;
19.34(14) for filing an amendment to a declaration in accordance with chapter 515, $46
19.35for each certificate upon which the document is registered and for multiple certificate
20.1entries, $20 thereafter; $56 for an amended floor plan filed in accordance with chapter
20.2515. Pursuant to clause (1), distribution of the fee is as follows:
20.3(i) $12 shall be paid to the state treasury and credited to the general fund;
20.4(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
20.5subdivision 3 4;
20.6(iii) $24 shall be deposited in the county general fund for amendment to a declaration;
20.7(iv) $20 shall be deposited in the county general fund for each multiple entry
20.8used; and
20.9(v) $34 shall be deposited in the county general fund for an amended floor plan;
20.10(15) for issuance of a CECT pursuant to section 508.351, $40;
20.11(16) for filing an amendment to a common interest community declaration, including
20.12a supplemental declaration, and plat or amendment complying with section 515B.2-110,
20.13subsection (c) , and issuing a CECT if required, $46 for each certificate upon which the
20.14document is registered and for multiple certificate entries, $20 thereafter; $56 for the filing
20.15of the condominium or common interest community plat or amendment. See section
20.16515B.1-116 for special requirement relating to a common interest community. Pursuant to
20.17clause (1), distribution of the fee is as follows:
20.18(i) $12 shall be paid to the state treasury and credited to the general fund;
20.19(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
20.20subdivision 3 4;
20.21(iii) $24 shall be deposited in the county general fund for the filing of an amendment
20.22complying with section 515B.2-110, subsection (c);
20.23(iv) $20 shall be deposited in the county general fund for each multiple entry
20.24used; and
20.25(v) $34 shall be deposited in the county general fund for the filing of a condominium
20.26or CIC plat or amendment;
20.27(17) for a copy of a condominium floor plan filed in accordance with chapter 515,
20.28or a copy of a common interest community plat complying with section 515B.2-110,
20.29subsection (c) , the fee shall be $1 for each page of the floor plan, or common interest
20.30community plat with a minimum fee of $10;
20.31(18) in counties in which the compensation of the examiner of titles is paid in
20.32the same manner as the compensation of other county employees, for each parcel of
20.33land contained in the application for a CPT, as the number of parcels is determined by
20.34the examiner, a fee which is reasonable and which reflects the actual cost to the county,
20.35established by the board of county commissioners of the county in which the land is
20.36located;
21.1(19) for filing a registered land survey in triplicate in accordance with section
21.2508A.47, subdivision 4 , $56. Pursuant to clause (1), distribution of the fee is as follows:
21.3(i) $12 shall be paid to the state treasury and credited to the general fund;
21.4(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
21.5subdivision 3 4; and
21.6(iii) $34 shall be deposited in the county general fund; and
21.7(20) for furnishing a certified copy of a registered land survey in accordance with
21.8section 508A.47, subdivision 4, $15.

21.9    Sec. 4. HOMESTEAD-LENDER MEDIATION ACT ACCOUNT.
21.10    Subdivision 1. Establishment. The Homestead-Lender Mediation Act account is
21.11established as a special revenue account in the general fund.
21.12    Subd. 2. Generally. The Homestead-Lender Mediation Act account is created in the
21.13state treasury and shall be administered by the attorney general for the purposes described
21.14in this section. Any interest or profit accruing from investment of money in the fund shall
21.15be credited to the Homestead-Lender Mediation Act account.
21.16    Subd. 3. Expenditures. (a) Money in the Homestead-Lender Mediation Act
21.17account may only be used:
21.18(1) to pay for the compensation of mediators appointed by the attorney general under
21.19the Homestead-Lender Mediation Act, Minnesota Statutes, section 583.42, subdivision 3;
21.20(2) by the attorney general for reasonable reimbursement for staff and other
21.21administrative costs associated with the Homestead-Lender Mediation Act; and
21.22(3) by the attorney general for reimbursement of any funds deposited by the attorney
21.23general into the Homestead-Lender Mediation Act account in advance of sufficient
21.24deposits from revenue sources designated under subdivision 4.
21.25(b) Money in the Homestead-Lender Mediation Act account is appropriated to the
21.26attorney general to make payments as provided in this subdivision.
21.27    Subd. 4. Revenue sources. Revenue from the proceeds of fees payable to the
21.28Homestead-Lender Mediation Act account as imposed by Minnesota Statutes, sections
21.29357.18, 508.82, and 508A.82, must be deposited in the state treasury and credited to the
21.30Homestead-Lender Mediation Act account.
21.31    Subd. 5. Appropriation and reimbursement. (a) The amount of fees imposed
21.32under subdivision 4 is appropriated from the general fund to the Homestead-Lender
21.33Mediation Act account.
22.1(b) Upon expiration of the Homestead-Lender Mediation Act, as specified in
22.2Minnesota Statutes, section 583.50, any unused funds left in the Homestead-Lender
22.3Mediation Act account shall be transferred to the general fund.
22.4(c) Services provided under the Homestead-Lender Mediation Act are on a
22.5first-come, first-served basis to the extent of available funds in the Homestead-Lender
22.6Mediation Act account.

22.7    Sec. 5. EFFECTIVE DATE.
22.8This article is effective 30 days following final enactment.