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 government agency or a nonprofit agency approved
2.13funded, all or in part for foreclosure prevention services, by the Minnesota Housing
2.14Finance Agency or the United States Department of Housing and Urban Development, or
2.15otherwise approved by the United States Department of Housing and Urban Development
2.16to provide foreclosure prevention counseling services.
2.17    Subd. 3. Notification to authorized counseling agency. The party entitled to
2.18foreclose shall, within one week of sending the notice prescribed in section 580.022,
2.19provide to the appropriate authorized foreclosure prevention counseling agency and the
2.20Office of the Attorney General the mortgagor's name, address, and most recent known
2.21telephone number.
2.22    Subd. 4. Notice of provision of counseling; request for contact information. (a)
2.23An authorized foreclosure prevention counseling agency that contacts or is contacted by a
2.24mortgagor or the mortgagor's authorized representative and agrees to provide foreclosure
2.25prevention assistance services to the mortgagor or representative must provide the form
2.26prescribed in section 580.022, subdivision 2, to the mortgagee. The form serves as
2.27notice to the mortgagee that the mortgagor is receiving foreclosure prevention counseling
2.28assistance. Upon receipt of the form, the mortgagee must not commence or continue a
2.29foreclosure proceeding past the day prior to the time when the initial published notice
2.30contained in section 580.03 must be given, except when allowed under sections 583.40
2.31to 583.48.
2.32    (b) The mortgagee must return the form to the authorized foreclosure prevention
2.33counseling agency within 15 days of receipt of the form with the name and telephone
2.34number of the mortgagee's agent. The agent must be a person authorized by the mortgagee
2.35to:
3.1    (1) discuss with the authorized foreclosure prevention counseling agency or the
3.2mortgagor the terms of the mortgage; and
3.3    (2) negotiate any resolution to the mortgagor's default.
3.4    (c) Nothing in this subdivision requires a mortgagee to reach a resolution relating to
3.5the mortgagor's default.
3.6    Subd. 5. Mediation referral. (a) If an authorized foreclosure prevention counseling
3.7agency provides counseling services to a mortgagor, the counseling agency must discuss
3.8repayment options and alternatives for resolving the default with the mortgagor and
3.9mortgagee. If the mortgagor and mortgagee are unable to negotiate a resolution of the
3.10mortgagor's default within 60 days of receipt of the form submitted by the mortgagee
3.11under subdivision 4, paragraph (b), the counseling agency must give the mortgagor a
3.12mediation request affidavit in the form prescribed in section 583.46, subdivision 2, unless
3.13the mortgagor is not eligible for mediation under section 583.41. The counseling agency
3.14also must inform the mortgagor that if the mortgagor wishes to pursue mediation, the form
3.15must be sent by certified mail to the attorney general within seven days of receipt of the
3.16form. The counseling agency must forward the mortgagor's name to the attorney general
3.17along with a copy of the form submitted by the mortgagee under subdivision 4, paragraph
3.18(b), to verify the mortgagor's eligibility to participate in mediation.
3.19(b) This subdivision expires on July 1, 2012.

3.20    Sec. 2. Minnesota Statutes 2008, section 580.022, subdivision 1, is amended to read:
3.21    Subdivision 1. Counseling form. The notice required under section 580.021,
3.22subdivision 2, clause (2), must be printed on colored paper that is other than the color of
3.23any other document provided with it and must appear substantially as follows:
3.26Why You Are Getting This Notice
3.27YOU HAVE DEFAULTED ON A MORTGAGE OF THE HOMESTEAD
3.28PROPERTY DESCRIBED AS [Legal Description and Property Address]. THE HOLDER
3.29OF THE MORTGAGE, [Name of Holder of Mortgage] INTENDS TO FORECLOSE ON
3.30THIS PROPERTY. YOU HAVE THE RIGHT TO PARTICIPATE IN A MEDIATION
3.31PROCESS TO SEE IF A RESOLUTION CAN BE REACHED WITH [Name of Holder
3.32of Mortgage]. TO LEARN MORE ABOUT MEDIATION, CONTACT THE OFFICE OF
3.33THE ATTORNEY GENERAL AT (651) 296-3353 OR 1-800-657-3787, OR ONLINE AT
3.34WWW.AG.STATE.MN.US. IF YOU WANT TO PARTICIPATE IN MEDIATION, YOU
4.1MUST FIRST PARTICIPATE IN FORECLOSURE PREVENTION COUNSELING
4.2WITH THE AGENCY LISTED BELOW.
4.3    We do not want you to lose your home and your equity. Government-approved
4.4nonprofit agencies are available to, if possible, help you prevent foreclosure.
4.5    We have given your contact information to an authorized foreclosure prevention
4.6counseling agency to contact you to help you prevent foreclosure.
4.7Who Are These Foreclosure Prevention Counseling Agencies
4.8    They are nonprofit agencies who are experts in housing and foreclosure prevention
4.9counseling and assistance. They are experienced in dealing with lenders and homeowners
4.10who are behind on mortgage payments and can help you understand your options and
4.11work with you to address your delinquency. They are approved by either the Minnesota
4.12Housing Finance Agency or the United States Department of Housing and Urban
4.13Development. They are not connected with us in any way.
4.14Which Agency Will Contact You
4.15    [insert name, address, and telephone number of agency]
4.16    You can also contact them directly."

4.17    Sec. 3. Minnesota Statutes 2008, section 580.23, is amended by adding a subdivision
4.18to read:
4.19    Subd. 1a. Five-month redemption period. (a) Notwithstanding subdivision 1,
4.20if, before the sale of lands in conformity with the preceding sections of this chapter,
4.21the mortgagor or the mortgagor's personal representatives or assigns participated in
4.22mediation proceedings under sections 583.40 to 583.49, the period of time for redemption
4.23as provided under subdivision 1 is five months instead of six months.
4.24(b) If the mortgagor or the mortgagor's personal representatives or assigns
4.25participated in mediation proceedings under sections 583.40 to 583.49, and the mortgagor
4.26or owner seeks to postpone the sale as permitted by section 580.07, the postponement
4.27must be to the first date that is not a Saturday, Sunday, or legal holiday and is four months
4.28after the originally scheduled date of sale. Except as provided in this paragraph, the
4.29mortgagor or owner must otherwise follow the provisions of section 580.07 in seeking
4.30a postponement of sale.
4.31(c) This subdivision expires on July 1, 2012.
4.32EFFECTIVE DATE.Paragraph (b) is effective only if the provisions contained in
4.332009 House File Number 19, the first engrossment, are enacted into law.

5.1    Sec. 4. Minnesota Statutes 2008, section 582.30, subdivision 2, is amended to read:
5.2    Subd. 2. Not if six-month or five-week redemption period No deficiency
5.3judgment. A deficiency judgment is not allowed if a mortgage is foreclosed by
5.4advertisement under chapter 580, and has a redemption period of six months under section
5.5580.23, subdivision 1 , five months under section 580.23, subdivision 1a, or five weeks
5.6under section 582.032.

5.7    Sec. 5. [583.40] DEFINITIONS.
5.8    Subdivision 1. Applicability. The definitions in this section apply to sections
5.9583.40 to 583.48.
5.10    Subd. 2. Commence a foreclosure proceeding. "Commence a foreclosure
5.11proceeding" means to file a notice of pendency under section 580.032 or commence a
5.12foreclosure action under chapter 581.
5.13    Subd. 3. Send. "Send" means to deliver by certified mail or another method
5.14acknowledging receipt.
5.15    Subd. 4. Serve. "Serve" means personal service under the Minnesota Rules of
5.16Civil Procedure.

5.17    Sec. 6. [583.41] APPLICABILITY.
5.18    Subdivision 1. Creditors. (a) Sections 583.40 to 583.48 apply to a person who is
5.19the holder of a mortgage to which section 580.021 applies.
5.20(b) Sections 583.40 to 583.48 do not apply to property if the holder of the mortgage,
5.21before selling the property to the owner, occupied the property as the holder's principal
5.22place of residency.
5.23    Subd. 2. Debtors. Sections 583.40 to 583.48 apply to a debtor who has received
5.24foreclosure prevention counseling under section 580.021 and who has been verified as
5.25eligible for mediation by an authorized foreclosure prevention counseling agency, or who
5.26files a mediation request under section 583.42, subdivision 1, paragraph (b), indicating
5.27that the debtor did not receive the required preforeclosure prevention counseling and
5.28mediation notice. Sections 583.40 to 583.48 do not apply to a debtor who qualifies as a
5.29debtor under the Farmer-Lender Mediation Act.
5.30    Subd. 3. Applicability. Sections 580.40 to 583.48 do not apply to mortgages
5.31refinanced or modified under the Home Affordable Refinance or Home Affordable
5.32Modification Programs established by the United States Treasury Department in 2009.
5.33    Subd. 4. Eligibility. For the purposes of sections 580.40 to 583.48, a debtor is
5.34eligible for mediation only if the following criteria apply:
6.1(1) the debtor generally meets all the mediation eligibility requirements in sections
6.2583.40 to 583.48;
6.3(2) if, while the foreclosure prevention counseling agency provided counseling
6.4services to the debtor, the creditor did not modify the debtor's mortgage loan that is subject
6.5to the foreclosure proceeding; and
6.6(3) there is a reasonable likelihood that the debtor could afford a modified loan.
6.7The mediator must consider whether a potential loan modification would result in a
6.8debt-to-income ratio that is within the traditional secondary market loan qualification
6.9guidelines established by Fannie Mae and/or Freddie Mac.
6.10    Subd. 5. Exemption. Sections 583.40 to 583.48 do not apply to mortgages
6.11originated, serviced, and held by a credit union, an organization majority-owned by one
6.12or more credit unions, a savings association, or a bank that has a physical location in
6.13Minnesota and has had five foreclosures or less during twelve months preceding the date
6.14of the foreclosure notice for the subject mortgage. This exemption only applies if the
6.15credit union, savings association, or bank underwrote the loans in its portfolio to prudent
6.16industry lending standards including requiring income documentation and verification.

6.17    Sec. 7. [583.42] MANDATORY MEDIATION PROCEEDINGS.
6.18    Subdivision 1. Mediation request. (a) A debtor who wishes to participate in
6.19mediation must send a mediation request affidavit in the form prescribed in section 583.46,
6.20subdivision 2 to the attorney general within seven days after receiving the mediation
6.21request affidavit from the counseling agency under section 580.021, subdivision 5. The
6.22debtor must disclose all known creditors with debts secured by the property. A debtor
6.23who fails to send a timely mediation request waives the right to mediation under sections
6.24583.40 to 583.48 for that specific mortgage foreclosure. Upon receipt of a mediation
6.25request affidavit, the attorney general must send a copy of the affidavit to the holder of
6.26the mortgage. The holder of the mortgage must not commence a foreclosure proceeding
6.27against the property or proceed with a proceeding to which paragraph (b) applies until the
6.28stay of the foreclosure is lifted or as otherwise authorized under sections 583.40 to 583.48.
6.29(b) If a debtor did not receive the preforeclosure prevention counseling and
6.30mediation notice required under section 580.021 and a mortgage foreclosure proceeding
6.31has been commenced against the debtor's property, the debtor may send the mediation
6.32request affidavit to the attorney general at any time before the time when the initial public
6.33notice contained in section 580.03 must be given. The mediation request affidavit must
6.34indicate that the debtor has not received the required notice.
7.1(c) The attorney general must combine all mediation requests for the same debtor
7.2that are received before the initial mediation meeting into one mediation proceeding.
7.3(d) The debtor shall only be entitled to a single mediation proceeding for that specific
7.4mortgage foreclosure. In the event a mortgage is modified through the mediation process
7.5contained in sections 583.40 to 583.48, that mortgage shall not be eligible for mediation if
7.6the modified mortgage becomes the subject of subsequent foreclosure proceeding.
7.7    Subd. 2. Mediation proceeding notice. (a) Within ten days after receiving a
7.8mediation request, the attorney general must send:
7.9(1) a mediation proceeding notice to the debtor; and
7.10(2) a mediation proceeding notice to all creditors with a lien on the property listed by
7.11the debtor in the mediation request.
7.12(b) The mediation proceeding notice must disclose:
7.13(1) the name and address of the debtor;
7.14(2) that the debtor has requested mediation under sections 583.40 to 583.48;
7.15(3) the time and place for the initial mediation meeting;
7.16(4) that in lieu of having a mediator assigned by the attorney general, the debtor and
7.17any one or more of the creditors may agree to select and pay for a professional mediator
7.18who must be approved by the attorney general;
7.19(5) that sections 583.40 to 583.48 do not prohibit the creditor from continuing the
7.20foreclosure proceeding up through, but not including, the time when the initial published
7.21notice contained in section 580.03 must be given but the creditor must not publish the
7.22initial notice, except as otherwise allowed under sections 583.40 to 583.48;
7.23(6) by the initial mediation meeting, the creditor must provide the debtor with a copy
7.24of the mortgage and note, a statement of interest rates on the debt, delinquent payments,
7.25unpaid principal and interest balances, the creditor's estimate of value of the property, and
7.26a general description of the debt restructuring programs available from the creditor; and
7.27(7) by the initial mediation meeting, the debtor must provide the creditor and the
7.28mediator with full documentation of the debtor's income and financial obligations.
7.29(c) An initial mediation meeting must be held within 20 days of the mediation
7.30proceeding notice. The initial mediation meeting shall be held by telephone or
7.31video conference. The mediator shall reserve the right to require the parties, or their
7.32representatives, to appear in person for subsequent mediation meetings, if the mediator
7.33concludes and certifies that the personal attendance of the parties is reasonably necessary
7.34for a meaningful conclusion of the mediation. At the initial mediation meeting, the
7.35mediator shall determine whether or not there is a reasonable likelihood that the debtor
7.36could afford a modified loan.
8.1(d) In lieu of the attorney general assigning a mediator, the debtor and creditor may
8.2agree to select and pay for a professional mediator for the mediation proceeding. The
8.3attorney general must approve the professional mediator before the professional mediator
8.4may be assigned to the mediation proceeding. The professional mediator may not be
8.5approved unless the professional mediator prepares and signs an affidavit:
8.6(1) disclosing any biases, relationships, or previous associations with the debtor or
8.7creditor subject to the mediation proceedings;
8.8(2) stating certifications, training, or qualifications as a professional mediator;
8.9(3) disclosing fees to be charged or a rate schedule of fees for the mediation
8.10proceeding; and
8.11(4) affirming to uphold sections 583.40 to 583.48.
8.12    Subd. 3. Effect of mediation proceeding notice. (a) Sections 583.40 to 583.48
8.13do not prevent a creditor from continuing the foreclosure proceeding up through, but not
8.14including, the time when the initial published notice contained in section 580.03 must be
8.15given. A creditor must not publish the initial notice, except as otherwise allowed under
8.16sections 583.40 to 583.48.
8.17(b) Notwithstanding paragraph (a), a creditor receiving a mediation proceeding
8.18notice may commence or continue a mortgage foreclosure proceeding against the property
8.19if:
8.20(1) the creditor receives a mediator's affidavit of the debtor's lack of good faith
8.21under section 583.43;
8.22(2) ten days have expired since the debtor and creditor signed an unrevoked
8.23agreement under subdivision 7 allowing the creditor to commence mortgage foreclosure
8.24proceedings against the property; or
8.25(3) the creditor receives a termination statement under subdivision 8.
8.26(c) A creditor receiving a mediation proceeding notice must provide the debtor
8.27by the initial mediation meeting with a copy of the mortgage and note, a statement of
8.28interest rates on the debt, delinquent payments, unpaid principal and interest balances,
8.29the creditor's estimate of the value of the property, and a general description of the debt
8.30restructuring programs available from the creditor.
8.31(d) The provisions of this subdivision are subject to section 583.43, relating to
8.32extensions or reductions in the period before a creditor may commence or continue a
8.33mortgage foreclosure proceeding.
8.34    Subd. 4. Eligibility and duties of mediator. (a) The attorney general may appoint
8.35and arrange for the compensation of mediators who are qualified persons experienced
8.36in finance or negotiation.
9.1(b) A person is not eligible to be a mediator if the person has a conflict of interest
9.2that does not allow the person to be impartial.
9.3(c) At all mediation meetings, the mediator shall:
9.4(1) attempt to mediate between the debtor and the creditors;
9.5(2) advise the debtor and creditors of assistance programs that are available;
9.6(3) attempt to arrive at an agreement to fairly adjust, refinance, or pay the mortgage
9.7debt; and
9.8(4) advise, counsel, and assist the debtor and creditor in attempting to arrive at an
9.9agreement for the future conduct of financial relations between them.
9.10(d) The mediator shall have the discretion to determine the format of the mediation
9.11meetings, including whether or not to keep the parties separate.
9.12    Subd. 5. Mediator liability and immunity. A mediator and the attorney general
9.13and their employees are immune from civil liability for actions within the scope of their
9.14positions under this chapter. A mediator and the attorney general and their employees do
9.15not have a duty to advise a creditor or debtor about the law or to encourage or assist a
9.16debtor or creditor regarding their legal rights. This subdivision is in addition to and not
9.17a limitation of immunity that otherwise exists under law.
9.18    Subd. 6. Mediation period. The mediator may call mediation meetings during the
9.19mediation period, which may be up to 60 days after the debtor sends a mediation request
9.20to the attorney general.
9.21    Subd. 7. Mediation agreement. (a) If an agreement is reached among the debtor
9.22and creditors, the mediator must witness and sign a written mediation agreement, have
9.23it signed by the debtor and creditors, and if applicable, submit the agreement to (1) the
9.24attorney general, and (2) any court that has jurisdiction over mortgage foreclosure or
9.25redemption proceedings regarding the property.
9.26(b) The debtor and creditors who are parties to the approved mediation agreement and
9.27creditors who have filed claim forms and have not objected to the mediation agreement:
9.28(1) are bound by the terms of the agreement; and
9.29(2) may enforce the mediation agreement as a legal contract.
9.30(c) A debtor may agree to allow a creditor to commence a mortgage foreclosure
9.31proceeding against property that is subject to mediation before the proceeding is otherwise
9.32allowed under subdivision 3, provided that the debtor or creditor may rescind the
9.33agreement within five business days after that debtor and creditor both sign the agreement.
9.34    Subd. 8. Termination of mediation. (a) The mediator must sign and serve on the
9.35parties and the attorney general an affidavit by the end of the mediation period.
10.1(b) The mediator must prepare an affidavit acknowledging that mediation has ended
10.2and that:
10.3(1) describes or references agreements reached between a creditor and the debtor, if
10.4any, and agreements reached among creditors, if any; or
10.5(2) states that no agreement was reached between the parties, despite a good faith
10.6effort by the parties.
10.7(c) Mediation agreements may be included as part of the affidavit.
10.8(d) Within three business days after the end of mediation, the mediator must forward
10.9the affidavit under paragraph (b) for recording with the county recorder or registrar
10.10of titles of the county where the property is located. The filed affidavit is prima facie
10.11evidence of the facts stated in the affidavit.

10.12    Sec. 8. [583.43] GOOD FAITH REQUIRED.
10.13    Subdivision 1. Obligation of good faith. The parties must engage in mediation in
10.14good faith. Not participating in good faith includes:
10.15(a) failure to attend and participate in mediation sessions without cause;
10.16(b) failure to provide full information regarding the financial obligations of the
10.17parties and other creditors including the obligation of a creditor to provide information
10.18under section 583.42, subdivision 3, paragraph (c);
10.19(c) failure of the creditor to designate a representative to participate in the mediation
10.20with authority to make binding commitments;
10.21(d) lack of a written statement of debt restructuring alternatives and a statement of
10.22reasons why alternatives are unacceptable to one of the parties; and
10.23(e) other similar behavior that evidences lack of good faith by a party. A failure to
10.24agree to reduce, restructure, refinance, or forgive debt is not, in itself, evidence of lack of
10.25good faith by the creditor. Nothing in sections 583.40 to 583.49 shall require a creditor to
10.26modify the debt that is the subject of the foreclosure proceeding.
10.27    Subd. 2. Party's bad faith; mediator's affidavit. If the mediator determines that
10.28either party is not participating in good faith as defined in subdivision 1, the mediator must
10.29file an affidavit indicating the reasons for the finding with the attorney general and with
10.30parties to the mediation.
10.31    Subd. 3. Creditor's bad faith. If the mediator finds that the creditor has not
10.32participated in the mediation in good faith, and the creditor continues with the foreclosure
10.33proceeding, then the debtor shall be a allowed a six-month redemption period.
10.34    Subd. 4. Debtor's lack of good faith. If the mediator finds that the debtor has not
10.35participated in the mediation in good faith, and the creditor continues with the foreclosure
11.1proceeding, then the debtor shall execute a deed in lieu of foreclosure within 90 days of
11.2the filing of the mediator's affidavit containing the finding of bad faith.

11.3    Sec. 9. [583.44] CREDITOR NOT ATTENDING MEDIATION MEETING.
11.4    Subdivision 1. Filing and effect of claim form. A creditor that is notified of the
11.5initial mediation meeting is subject to and bound by a mediation agreement if the creditor
11.6does not attend mediation meetings, unless the creditor files a claim form. In lieu of
11.7attending a mediation meeting, a creditor may file a claim form with the mediator before
11.8the scheduled meeting. By filing a claim form the creditor agrees to be bound by a
11.9mediation agreement reached at the mediation meeting unless an objection is filed within
11.10the time specified in subdivision 2. The mediator must notify the creditors who have filed
11.11claim forms of the terms of any agreement.
11.12    Subd. 2. Objections to agreements. A creditor who has filed a claim form may
11.13serve a written objection to the terms of the mediation agreement on the mediator and the
11.14debtor within ten days after receiving notice of the mediation agreement. If a creditor files
11.15an objection to the terms of a mediation agreement, the mediator must meet again with
11.16debtors and creditors within ten days after receiving the objection. Notwithstanding the
11.17mediation period under section 583.43, subdivision 7, if an objection is filed, the mediator
11.18must call mediation meetings during the ten-day period following receipt of the objection.

11.19    Sec. 10. [583.45] DATA PRACTICES.
11.20Data regarding the finances of individual debtors and creditors created, collected,
11.21and maintained by the attorney general or mediators under sections 583.40 to 583.48 are
11.22private data on individuals or nonpublic data as defined in section 13.02, subdivision 9
11.23or 12.

11.24    Sec. 11. [583.46] FORMS AND COMPENSATION.
11.25    Subdivision 1. Compensation. The attorney general must set the compensation
11.26of mediators.
11.27    Subd. 2. Mediation request affidavit form. The affidavit for requesting mediation
11.28under section 583.42, must be in substantially the following form:
11.30Re: Homestead-Lender Mediation Act Applicability.

11.31	State of Minnesota ___	)
11.32		) SS.
11.33	County of ___	)

12.1_________________________, being first duly sworn, deposes and says:
12.2I wish to participate in a mediation process to resolve a dispute with the holder of a
12.3mortgage on property in which I have an ownership interest, located at:
12.8CHECK THE APPLICABLE STATEMENT
12.9[ ] This property consists of one to four family dwelling units, one of which I
12.10occupied as my principal place of residency on the date that I received a Preforeclosure
12.11Notice relating to the dispute.
12.12[ ] I did not receive a Preforeclosure Notice but this property consists of one to four
12.13family dwelling units, one of which I occupied as my principal place of residency on the
12.14date of this Mediation Request Affidavit.
12.15_______________________________

12.16	Subscribed and sworn to before me this
12.17	___ day of ___ , ___ .
12.18	___
12.19	Notary Public, ___ County ___
12.20	My Commission expires: ___

12.21    Sec. 12. [583.47] ENFORCEMENT.
12.22A mediation agreement may be enforced by a state district court.

12.23    Sec. 13. [583.48] INCONSISTENT LAWS.
12.24Sections 583.40 to 583.47 have precedence over any inconsistent or conflicting laws,
12.25including chapters 580 and 581.

12.26    Sec. 14. [583.49] EXPIRATION.
12.27Sections 583.40 to 583.48 expire July 1, 2012.

12.28    Sec. 15. EFFECTIVE DATE.
12.29This article is effective July 1, 2009, and applies to foreclosures commenced on or
12.30after that date.


13.3    Section 1. Minnesota Statutes 2008, section 357.18, subdivision 1, is amended to read:
13.4    Subdivision 1. County recorder fees. (a) The fees to be charged by the county
13.5recorder shall be and not exceed the following:
13.6(1) subject to paragraph (b), for indexing and recording any deed or other instrument
13.7a fee of $46; $10.50 shall be paid to the state treasury and credited to the general fund;
13.8$10 shall be deposited in the technology fund pursuant to subdivision 3; and $25.50 shall
13.9be deposited in the county general fund;
13.10(2) for documents containing multiple assignments, partial releases or satisfactions a
13.11fee of $46; if the document cites more than four recorded instruments, an additional fee of
13.12$10 for each additional instrument cited over the first four citations;
13.13(3) for certified copies of any records or papers, $10;
13.14(4) for a noncertified copy of any instrument or writing on file or recorded in the
13.15office of the county recorder, or any specified page or part of it, an amount as determined
13.16by the county board for each page or fraction of a page specified. If computer or microfilm
13.17printers are used to reproduce the instrument or writing, a like amount per image;
13.18(5) for an abstract of title, the fees shall be determined by resolution of the county
13.19board duly adopted upon the recommendation of the county recorder, and the fees shall
13.20not exceed $10 for every entry, $100 for abstract certificate, $1 per page for each exhibit
13.21included within an abstract as a part of an abstract entry, and $5 per name for each
13.22required name search certification;
13.23(6) for a copy of an official plat filed pursuant to section 505.08, the fee shall be $10
13.24and an additional $5 shall be charged for the certification of each plat;
13.25(7) for filing an amended floor plan in accordance with chapter 515, an amended
13.26condominium plat in accordance with chapter 515A, or a common interest community
13.27plat or amendment complying with section 515B.2-110, subsection (c), the fee shall be 50
13.28cents per apartment or unit with a minimum fee of $56;
13.29(8) for a copy of a floor plan filed pursuant to chapter 515, a copy of a condominium
13.30plat filed in accordance with chapter 515A, or a copy of a common interest community
13.31plat complying with section 515B.2-110, subsection (c), the fee shall be $1 for each page
13.32of the floor plan, condominium plat or common interest community plat with a minimum
13.33fee of $10;
14.1(9) for recording any plat, a fee of $56, of which $10.50 must be paid to the state
14.2treasury and credited to the general fund, $10 must be deposited in the technology fund
14.3pursuant to subdivision 3, and $35.50 must be deposited in the county general fund; and
14.4(10) for a noncertified copy of any document submitted for recording, if the original
14.5document is accompanied by a copy or duplicate original, $2. Upon receipt of the copy
14.6or duplicate original and payment of the fee, a county recorder shall return it marked
14.7"copy" or "duplicate," showing the recording date and, if available, the document number
14.8assigned to the original.
14.9(b) During the period from the effective date of sections 583.40 to 583.49 through
14.10December 31, 2012, the fee under paragraph (a), clause (1), for recording a notice of
14.11pendency of a foreclosure by advertisement under section 580.032 or a notice of lis
14.12pendens for a foreclosure by action under section 557.02 is increased by $125; this amount
14.13is to be paid to the state treasury and credited to the Homestead-Lender Mediation Act
14.14account in the special revenue fund.

14.15    Sec. 2. Minnesota Statutes 2008, section 508.82, subdivision 1, is amended to read:
14.16    Subdivision 1. Standard documents. (a) The fees to be charged by the registrar of
14.17titles shall be and not exceed the following:
14.18    (1) of the fees provided herein, $1.50 of the fees collected under clauses (2), (3), (4),
14.19(11), (13), (15), (17), and (18) for filing or memorializing shall be paid to the state treasury
14.20pursuant to section 508.75 and credited to the general fund;
14.21    (2) for registering a first certificate of title, including issuing a copy of it, $46.
14.22Pursuant to clause (1), distribution of this fee is as follows:
14.23    (i) $10.50 shall be paid to the state treasury and credited to the general fund;
14.24    (ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
14.25subdivision 3 ; and
14.26    (iii) $25.50 shall be deposited in the county general fund;
14.27    (3) for registering each instrument transferring the fee simple title for which a new
14.28certificate of title is issued and for the registration of the new certificate of title, including
14.29a copy of it, $46. Pursuant to clause (1), distribution of this fee is as follows:
14.30    (i) $12 shall be paid to the state treasury and credited to the general fund;
14.31    (ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
14.32subdivision 3 ; and
14.33    (iii) $24 shall be deposited in the county general fund;
15.1    (4) subject to paragraph (b), for the entry of each memorial on a certificate, $46.
15.2For multiple certificate entries, $20 thereafter. Pursuant to clause (1), distribution of
15.3this fee is as follows:
15.4    (i) $12 shall be paid to the state treasury and credited to the general fund;
15.5    (ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
15.6subdivision 3 ;
15.7    (iii) $24 shall be deposited in the county general fund; and
15.8    (iv) $20 shall be deposited in the county general fund for each multiple entry used;
15.9    (5) for issuing each residue certificate and each additional new certificate, $40;
15.10    (6) for exchange certificates, $20 for each certificate canceled and $20 for each
15.11new certificate issued;
15.12    (7) for each certificate showing condition of the register, $50;
15.13    (8) for any certified copy of any instrument or writing on file or recorded in the
15.14registrar of titles' office, $10;
15.15    (9) for a noncertified copy of any certificate of title, other than the copies issued
15.16under clauses (2) and (3), any instrument or writing on file or recorded in the office of
15.17the registrar of titles, or any specified page or part of it, an amount as determined by the
15.18county board for each page or fraction of a page specified. If computer or microfilm
15.19printers are used to reproduce the instrument or writing, a like amount per image;
15.20    (10) for a noncertified copy of any document submitted for recording, if the original
15.21document is accompanied by a copy or duplicate original, $2. Upon receipt of the copy
15.22or duplicate original and payment of the fee, a registrar of titles shall return it marked
15.23"copy" or "duplicate," showing the recording date and, if available, the document number
15.24assigned to the original;
15.25    (11) for filing two copies of any plat, other than a CIC plat complying with section
15.26515B.2-110 , paragraph (c), in the office of the registrar, $56. Pursuant to clause (1),
15.27distribution of this fee is as follows:
15.28    (i) $12 shall be paid to the state treasury and credited to the general fund;
15.29    (ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
15.30subdivision 3 ; and
15.31    (iii) $34 shall be deposited in the county general fund;
15.32    (12) for any other service under this chapter, such fee as the court shall determine;
15.33    (13) for filing any document affecting two or more units in a condominium governed
15.34by chapter 515, $46 for the first certificate upon which the document is registered, and for
15.35multiple certificate entries, $20 for each additional certificate upon which the document
15.36is registered. For purposes of this paragraph, an amendment to the declaration of a
16.1condominium governed by chapter 515 and a related amendment to the condominium
16.2floor plans shall be considered a single document, and the filing fee shall be $56 for the
16.3first certificate upon which the document is registered, and for multiple certificate entries,
16.4$20 for each additional certificate upon which the document is registered. Pursuant to
16.5clause (1), distribution of this fee is as follows:
16.6    (i) $12 shall be paid to the state treasury and credited to the general fund;
16.7    (ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
16.8subdivision 3 ;
16.9    (iii) $24 shall be deposited in the county general fund for amendment to a declaration;
16.10    (iv) $20 shall be deposited in the county general fund for each multiple entry
16.11used; and
16.12    (v) $34 shall be deposited in the county general fund for an amended floor plan;
16.13    (14) for issuance of a CECT pursuant to section 508.351, $40;
16.14    (15) for filing a common interest community declaration and a CIC plat complying
16.15with section 515B.2-110, paragraph (c); an amendment to a common interest community
16.16declaration and a related amendment to a CIC plat complying with section 515B.2-110,
16.17paragraph (c); or a supplemental declaration and a related supplemental CIC plat
16.18complying with section 515B.2-110, paragraph (c), each of which related documents
16.19shall be considered a single document, the filing fee shall be $56 for the first certificate
16.20upon which the document is registered, and for multiple certificate entries, $20 for each
16.21additional certificate upon which the document is registered. For filing any other document
16.22affecting two or more units in a common interest community, the filing fee shall be $46
16.23for the first certificate upon which the document is registered, and for multiple certificate
16.24entries, $20 for each additional certificate upon which the document is registered. The
16.25same fees shall apply to filing any document affecting two or more units or other parcels
16.26subject to a master declaration. Pursuant to clause (1), distribution of this fee is as follows:
16.27    (i) $12 shall be paid to the state treasury and credited to the general fund;
16.28    (ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
16.29subdivision 3 ;
16.30    (iii) $24 shall be deposited in the county general fund for the filing of an amendment
16.31complying with section 515B.2-110, subsection (c);
16.32    (iv) $20 shall be deposited in the county general fund for each multiple entry
16.33used; and
16.34    (v) $34 shall be deposited in the county general fund for the filing of a condominium
16.35or CIC plat or amendment;
17.1    (16) for a copy of a condominium floor plan filed in accordance with chapter 515,
17.2or a copy of a common interest community plat complying with section 515B.2-110,
17.3subsection (c) , the fee shall be $1 for each page of the floor plan or common interest
17.4community plat with a minimum fee of $10;
17.5    (17) for the filing of a certified copy of a plat of the survey pursuant to section
17.6508.23 or 508.671, $46. Pursuant to clause (1), distribution of this fee is as follows:
17.7    (i) $12 shall be paid to the state treasury and credited to the general fund;
17.8    (ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
17.9subdivision 3 ; and
17.10    (iii) $24 shall be deposited in the county general fund;
17.11    (18) for filing a registered land survey in triplicate in accordance with section
17.12508.47, subdivision 4 , $56. 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 ; and
17.16    (iii) $34 shall be deposited in the county general fund; and
17.17    (19) for furnishing a certified copy of a registered land survey in accordance with
17.18section 508.47, subdivision 4, $15.
17.19(b) During the period from the effective date of sections 583.40 to 583.49 through
17.20December 31, 2012, the fee under paragraph (a), clause (4), for entry of a memorial of a
17.21notice of pendency of a foreclosure by advertisement under section 580.032 or a notice of
17.22lis pendens for a foreclosure by action under section 557.02 is increased by $125; this
17.23amount is to be paid to the state treasury and credited to the Homestead-Lender Mediation
17.24Act account in the special revenue fund.

17.25    Sec. 3. Minnesota Statutes 2008, section 508A.82, subdivision 1, is amended to read:
17.26    Subdivision 1. Standard documents. (a) 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 ; and
18.1(iii) $25.50 shall be deposited in the county general fund;
18.2(3) for registering each instrument transferring the fee simple title for which a
18.3new CPT is issued and for the registration of the new CPT, including a copy of it, $46.
18.4Pursuant to clause (1), distribution of the fee is as follows:
18.5(i) $12 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 3 ; and
18.8(iii) $24 shall be deposited in the county general fund;
18.9(4) for issuance of a CECT pursuant to section 508A.351, $40;
18.10(5) subject to paragraph (b), for the entry of each memorial on a CPT, $46; for
18.11multiple certificate entries, $20 thereafter. Pursuant to clause (1), distribution of the fee
18.12is 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 ;
18.16(iii) $24 shall be deposited in the county general fund; and
18.17(iv) $20 shall be deposited in the county general fund for each multiple entry used;
18.18(6) for issuing each residue CPT, $40;
18.19(7) for exchange CPTs or combined certificates of title, $20 for each CPT and
18.20certificate of title canceled and $20 for each new CPT or combined certificate of title
18.21issued;
18.22(8) for each CPT showing condition of the register, $50;
18.23(9) for any certified copy of any instrument or writing on file or recorded in the
18.24registrar of titles' office, $10;
18.25(10) for a noncertified copy of any CPT, other than the copies issued under clauses
18.26(2) and (3), any instrument or writing on file or recorded in the office of the registrar of
18.27titles, or any specified page or part of it, an amount as determined by the county board for
18.28each page or fraction of a page specified. If computer or microfilm printers are used to
18.29reproduce the instrument or writing, a like amount per image;
18.30(11) for a noncertified copy of any document submitted for recording, if the original
18.31document is accompanied by a copy or duplicate original, $2. Upon receipt of the copy
18.32or duplicate original and payment of the fee, a registrar of titles shall return it marked
18.33"copy" or "duplicate," showing the recording date and, if available, the document number
18.34assigned to the original;
18.35(12) for filing two copies of any plat in the office of the registrar, $56. Pursuant to
18.36clause (1), distribution of the fee is as follows:
19.1(i) $12 shall be paid to the state treasury and credited to the general fund;
19.2(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
19.3subdivision 3 ; and
19.4(iii) $34 shall be deposited in the county general fund;
19.5(13) for any other service under sections 508A.01 to 508A.85, the fee the court
19.6shall determine;
19.7(14) for filing an amendment to a declaration in accordance with chapter 515, $46
19.8for each certificate upon which the document is registered and for multiple certificate
19.9entries, $20 thereafter; $56 for an amended floor plan filed in accordance with chapter
19.10515. Pursuant to clause (1), distribution of the fee is as follows:
19.11(i) $12 shall be paid to the state treasury and credited to the general fund;
19.12(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
19.13subdivision 3 ;
19.14(iii) $24 shall be deposited in the county general fund for amendment to a declaration;
19.15(iv) $20 shall be deposited in the county general fund for each multiple entry
19.16used; and
19.17(v) $34 shall be deposited in the county general fund for an amended floor plan;
19.18(15) for issuance of a CECT pursuant to section 508.351, $40;
19.19(16) for filing an amendment to a common interest community declaration, including
19.20a supplemental declaration, and plat or amendment complying with section 515B.2-110,
19.21subsection (c) , and issuing a CECT if required, $46 for each certificate upon which the
19.22document is registered and for multiple certificate entries, $20 thereafter; $56 for the filing
19.23of the condominium or common interest community plat or amendment. See section
19.24515B.1-116 for special requirement relating to a common interest community. Pursuant to
19.25clause (1), distribution of the fee is as follows:
19.26(i) $12 shall be paid to the state treasury and credited to the general fund;
19.27(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
19.28subdivision 3 ;
19.29(iii) $24 shall be deposited in the county general fund for the filing of an amendment
19.30complying with section 515B.2-110, subsection (c);
19.31(iv) $20 shall be deposited in the county general fund for each multiple entry
19.32used; and
19.33(v) $34 shall be deposited in the county general fund for the filing of a condominium
19.34or CIC plat or amendment;
19.35(17) for a copy of a condominium floor plan filed in accordance with chapter 515,
19.36or a copy of a common interest community plat complying with section 515B.2-110,
20.1subsection (c) , the fee shall be $1 for each page of the floor plan, or common interest
20.2community plat with a minimum fee of $10;
20.3(18) in counties in which the compensation of the examiner of titles is paid in
20.4the same manner as the compensation of other county employees, for each parcel of
20.5land contained in the application for a CPT, as the number of parcels is determined by
20.6the examiner, a fee which is reasonable and which reflects the actual cost to the county,
20.7established by the board of county commissioners of the county in which the land is
20.8located;
20.9(19) for filing a registered land survey in triplicate in accordance with section
20.10508A.47, subdivision 4 , $56. Pursuant to clause (1), distribution of the fee is as follows:
20.11(i) $12 shall be paid to the state treasury and credited to the general fund;
20.12(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
20.13subdivision 3 ; and
20.14(iii) $34 shall be deposited in the county general fund; and
20.15(20) for furnishing a certified copy of a registered land survey in accordance with
20.16section 508A.47, subdivision 4, $15.
20.17(b) During the period from the effective date of sections 583.40 to 583.49 through
20.18December 31, 2012, the fee under paragraph (a), clause (5), for entry of a memorial of a
20.19notice of pendency of a foreclosure by advertisement under section 580.032 or a notice of
20.20lis pendens for a foreclosure by action under section 557.02 is increased by $125; this
20.21amount is to be paid to the state treasury and credited to the Homestead-Lender Mediation
20.22Act account in the special revenue fund.

20.23    Sec. 4. HOMESTEAD-LENDER MEDIATION ACT ACCOUNT.
20.24    Subdivision 1. Establishment. The Homestead-Lender Mediation Act account is
20.25established in the state treasury.
20.26    Subd. 2. Generally. The Homestead-Lender Mediation Act account shall be
20.27administered by the Minnesota Housing Finance Authority for the purposes described in
20.28this section. Any interest or profit accruing from investment of money in the account shall
20.29be credited to the Homestead-Lender Mediation Act account.
20.30    Subd. 3. Expenditures. (a) Money in the Homestead-Lender Mediation Act
20.31account may only be used:
20.32(1) to pay for the compensation of mediators appointed by the attorney general under
20.33the Homestead-Lender Mediation Act, Minnesota Statutes, section 583.42, subdivision 3;
20.34(2) for reasonable reimbursement for staff and other administrative costs incurred by
20.35the attorney general associated with the Homestead-Lender Mediation Act; and
21.1(3) for reimbursement of any funds deposited into the Homestead-Lender Mediation
21.2Act account in advance of sufficient revenue to the account.
21.3(b) Money in the Homestead-Lender Mediation Act account is appropriated to the
21.4Minnesota Housing Finance Authority to make payments as provided in this subdivision.
21.5    Subd. 4. Appropriation and reimbursement. (a) Upon expiration of the
21.6Homestead-Lender Mediation Act, as specified in Minnesota Statutes, section 583.50, any
21.7unused funds left in the Homestead-Lender Mediation Act account shall be transferred
21.8to the general fund.
21.9(b) Services provided under the Homestead-Lender Mediation Act are on a
21.10first-come, first-served basis to the extent of available funds in the Homestead-Lender
21.11Mediation Act account.

21.12    Sec. 5. EFFECTIVE DATE.
21.13This article is effective July 1, 2009.