1.2relating to real property; mortgages; requiring notice and mandatory mediation
1.3prior to commencement of mortgage foreclosure proceedings on homestead
1.4property; creating a homestead-lender mediation account;amending Minnesota
1.5Statutes 2008, sections 357.18, subdivision 1; 508.82, subdivision 1; 508A.82,
1.6subdivision 1; proposing coding for new law in Minnesota Statutes, chapters
1.7582; 583.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:


1.11    Section 1. [582.0391] MEDIATION NOTICE FOR HOMESTEAD PROPERTY.
1.12    Subdivision 1. Requirement. A person may not begin a mortgage foreclosure
1.13proceeding under this chapter or chapters 580 and 581 against homestead property, as
1.14defined in section 510.01, that has a secured debt of more than $5,000 unless:
1.15(a) a mediation notice is served on both the mortgagor and the attorney general after
1.16a default has occurred in the mortgage and the mortgagor and mortgagee have completed
1.17mediation under section 583.40 to 583.49; or
1.18(b) as otherwise allowed under sections 583.40 to 583.49.
1.19    Subd. 2. Contents. A mediation notice must contain the following notice with the
1.20blanks properly filled in.
1.21"To: [Name of Record Owner]
1.22YOU HAVE DEFAULTED ON A MORTGAGE OF THE HOMESTEAD
1.23PROPERTY DESCRIBED AS [Legal Description and Property Address].
1.24AS HOLDER OF THE MORTGAGE, [Name of Holder of Mortgage] INTENDS
1.25TO FORECLOSE ON THE PROPERTY DESCRIBED ABOVE.
2.1YOU HAVE THE RIGHT TO HAVE THE MORTGAGE DEBT REVIEWED
2.2THROUGH MEDIATION.
2.3IF YOU DECIDE TO PARTICIPATE IN MEDIATION, IT WILL BE TO YOUR
2.4ADVANTAGE TO ASSEMBLE YOUR PERSONAL FINANCIAL RECORDS
2.5AS SOON AS POSSIBLE. MEDIATION WILL ATTEMPT TO ARRIVE AT AN
2.6AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS.
2.7TO HAVE THE MORTGAGE DEBT REVIEWED THROUGH MEDIATION
2.8YOU MUST FILE A MEDIATION REQUEST WITH THE OFFICE OF THE
2.9ATTORNEY GENERAL WITHIN 20 DAYS AFTER YOU RECEIVE THIS
2.10NOTICE. THE MEDIATION REQUEST FORM IS AVAILABLE AT THE OFFICE
2.11OF THE ATTORNEY GENERAL AT (651) 296-3353 OR 1-800-657-3787, OR
2.12ONLINE AT WWW.AG.STATE.MN.US.
2.13From: [Name and Address of Holder of Mortgage]"

2.14    Sec. 2. [583.40] CITATION.
2.15Sections 583.40 to 583.49 may be cited as the "Homestead-Lender Mediation Act."

2.16    Sec. 3. [583.41] DEFINITIONS.
2.17    Subdivision 1. Applicability. The definitions in this section apply to sections
2.18583.42 to 583.49.
2.19    Subd. 2. Homestead property. "Homestead property" means real property as
2.20defined in section 510.01.
2.21    Subd. 3. File. "File" means to deliver by the required date by certified mail or
2.22another method acknowledging receipt.
2.23    Subd. 4. Serve. "Serve" means personal service as in a district court civil action.

2.24    Sec. 4. [583.42] APPLICABILITY.
2.25    Subdivision 1. Creditors. (a) Sections 583.40 to 583.49 apply to creditors who are
2.26the holder of a mortgage, security interest, or lien on homestead property and are:
2.27(1) the United States or an agency of the United States;
2.28(2) the state of Minnesota or an agency of the state of Minnesota;
2.29(3) local governmental units;
2.30(4) corporations, partnerships, trusts, and other business entities; and
2.31(5) individuals.
2.32(b) Sections 583.40 to 583.49 do not apply to property where the creditor, prior to
2.33selling the homestead to the debtor, utilized the property as his own homestead.
3.1    Subd. 2. Debtors. Sections 583.40 to 583.49 apply to a debtor who is a person who
3.2owns and occupies a home as defined in section 510.01 and who does not qualify as a
3.3debtor under the Farmer-Lender Mediation Act.
3.4    Subd. 3. Appointment. The attorney general may appoint and arrange for
3.5the compensation of mediators who are qualified persons experienced in finance or
3.6negotiation.

3.7    Sec. 5. [583.43] MANDATORY MEDIATION PROCEEDINGS.
3.8    Subdivision 1. Mediation notice. (a) A creditor desiring to start a mortgage
3.9foreclosure proceeding against a homestead property under chapter 580 or 581 must serve
3.10an applicable mediation notice under section 582.0391 on the debtor and the Office of
3.11the Attorney General. The creditor must also file with the Office of the Attorney General
3.12proof of the date the mediation notice was served on the debtor. The creditor may not
3.13begin the proceeding until the stay of the creditor's mortgage foreclosure is lifted under
3.14subdivision 4, or as allowed under sections 583.40 to 583.49.
3.15(b) For purposes of sections 583.40 to 583.49, starting a mortgage foreclosure
3.16proceeding means initiating a proceeding under chapter 580 or 581 or reinitiating a
3.17proceeding under chapter 580 or 581 after the parties have temporarily resolved the initial
3.18proceeding prior to the enforcement that would otherwise have been allowed under
3.19subdivision 4.
3.20(c) The attorney general shall combine all mediation notices for the same debtor that
3.21are received prior to the initial mediation meeting into one mediation proceeding.
3.22    Subd. 2. Mediation request. (a) A debtor who wishes to participate in mediation
3.23must file a mediation request form with the Office of the Attorney General within 20 days
3.24after receiving a mediation notice. The debtor must disclose all known creditors with debts
3.25secured by the homestead property and disclose the date that the notice was served on the
3.26debtor. A debtor who fails to file a timely mediation request waives the right to mediation
3.27for that specific mortgage foreclosure action under sections 583.40 to 583.49. In the event
3.28that the creditor does not receive a mediation proceeding notice within 40 days of issuing
3.29the mediation notice, the creditor may proceed with the mortgage foreclosure.
3.30(b) If a debtor has not received a mediation notice and is subject to a mortgage
3.31foreclosure proceeding against homestead property under chapter 580 or 581, then
3.32the debtor may file a mediation request with the Office of the Attorney General. The
3.33mediation request form must indicate that the debtor has not received a mediation notice.
3.34    Subd. 3. Mediation proceeding notice. (a) Within ten days after receiving a
3.35mediation request, the attorney general shall send:
4.1(1) a mediation proceeding notice to the debtor; and
4.2(2) a mediation proceeding notice to all homestead mortgage and homestead lien
4.3creditors listed by the debtor in the mediation request.
4.4(b) The mediation proceeding notice must disclose:
4.5(1) the name and address of the debtor;
4.6(2) that the debtor has requested mediation under sections 583.40 to 583.49;
4.7(3) the time and place for the initial mediation meeting;
4.8(4) that in lieu of having a mediator assigned by the attorney general, the debtor and
4.9any one or more of the creditors may agree to select and pay for a professional mediator
4.10who must be approved by the attorney general;
4.11(5) that sections 583.40 to 583.49 prohibit the creditor from beginning or continuing
4.12a proceeding to enforce the debt against the homestead property for 90 days after the
4.13debtor files a mediation request with the attorney general unless otherwise allowed; and
4.14(6) by the initial mediation meeting, the creditor must provide the debtor with copies
4.15of notes and contracts for debts subject to sections 583.40 to 583.49, a statement of
4.16interest rates on the debts, delinquent payments, unpaid principal and interest balances, the
4.17creditor's value of the collateral, and debt restructuring programs available by the creditor.
4.18(c) An initial mediation meeting must be held within 20 days of the mediation
4.19proceeding notice.
4.20(d) In lieu of the attorney general assigning a mediator, the debtor and any one or
4.21more of the creditors may agree to select and pay for a professional mediator for the
4.22mediation proceeding. The attorney general must approve the professional mediator
4.23before the professional mediator may be assigned to the mediation proceeding. The
4.24professional mediator may not be approved unless the professional mediator prepares and
4.25signs an affidavit:
4.26(1) disclosing any biases, relationships, or previous associations with the debtor or
4.27creditor subject to the mediation proceedings;
4.28(2) stating certifications, training, or qualifications as a professional mediator;
4.29(3) disclosing fees to be charged or a rate schedule of fees for the mediation
4.30proceeding; and
4.31(4) affirming to uphold sections 583.40 to 583.49.
4.32    Subd. 4. Effect of mediation proceeding notice. (a) A creditor, or a creditor's
4.33successor in interest, who receives a mediation proceeding notice pursuant to subdivision
4.343 may not begin or continue mortgage foreclosure proceedings subject to sections 583.40
4.35to 583.49 against homestead property of the debtor under chapter 580 or 581 until 80 days
5.1after the date the debtor files a mediation request with the attorney general, except as
5.2allowed under sections 583.40 to 583.49.
5.3(b) Notwithstanding paragraph (a), a creditor receiving a mediation proceeding
5.4notice may begin mortgage foreclosure proceedings against homestead property of the
5.5debtor if:
5.6(1) the creditor receives a mediator's affidavit of the debtor's lack of good faith
5.7under section 583.44;
5.8(2) ten days after the date the debtor and creditor sign an agreement allowing the
5.9creditor to commence mortgage foreclosure proceedings against homestead property if the
5.10debtor has not rescinded the agreement within five days of signing the agreement; or
5.11(3) the creditor receives a termination statement according to subdivision 9.
5.12(c) A creditor receiving a mediation proceeding notice must provide the debtor
5.13by the initial mediation meeting with copies of notes and contracts for debts subject to
5.14sections 583.40 to 583.49, a statement of interest rates on the debts, delinquent payments,
5.15unpaid principal balance, a list of all collateral securing debts, a creditor's estimate of the
5.16value of the collateral, and debt restructuring programs available by the creditor.
5.17(d) The provisions of this subdivision are subject to section 583.44, relating to
5.18extensions or reductions in the period before a creditor may commence a mortgage
5.19foreclosure proceeding.
5.20    Subd. 5. Eligibility and duties of mediator. (a) A person is not eligible to be
5.21a mediator if the person has a conflict of interest that does not allow the person to be
5.22impartial.
5.23(b) At all mediation meetings, the mediator shall:
5.24(1) listen to the debtor and the creditors desiring to be heard;
5.25(2) attempt to mediate between the debtor and the creditors;
5.26(3) advise the debtor and creditors of assistance programs available;
5.27(4) attempt to arrive at an agreement to fairly adjust, refinance, or pay the debts; and
5.28(5) advise, counsel, and assist the debtor and creditors in attempting to arrive at an
5.29agreement for the future conduct of financial relations among them.
5.30    Subd. 6. Mediator liability and immunity. A mediator and the Office of the
5.31Attorney General and its members are immune from civil liability for actions within the
5.32scope of the position, set forth in this chapter. A mediator and the Office of the Attorney
5.33General and its members do not have a duty to advise a creditor or debtor about the law
5.34or to encourage or assist a debtor or creditor in reserving or establishing legal rights.
5.35This subdivision is an addition to and not a limitation of immunity otherwise accorded
5.36under law.
6.1    Subd. 7. Mediation period. The mediator may call mediation meetings during the
6.2mediation period, which is up to 60 days after the initial mediation meeting.
6.3    Subd. 8. Mediation agreement. (a) If an agreement is reached among the debtor
6.4and creditors, the mediator shall witness and sign a written mediation agreement, have
6.5it signed by the debtor and creditors, and if applicable, submit the agreement to (1) the
6.6attorney general, and (2) any court that has jurisdiction over mortgage foreclosure or
6.7redemption proceedings regarding the real estate at issue.
6.8(b) The debtor and creditors who are parties to the approved mediation agreement and
6.9creditors who have filed claim forms and have not objected to the mediation agreement:
6.10(1) are bound by the terms of the agreement; and
6.11(2) may enforce the mediation agreement as a legal contract.
6.12(c) A debtor may agree to allow a creditor to commence a mortgage foreclosure
6.13proceeding against homestead property before the proceeding is otherwise allowed under
6.14subdivision 4, but the debtor or creditor may rescind the agreement within five business
6.15days after that debtor and particular creditor both sign the agreement.
6.16    Subd. 9. End of mediation. (a) The mediator shall sign and serve on the parties
6.17and the attorney general a termination statement by the end of the time period specified in
6.18subdivision 4.
6.19(b) The mediator shall prepare a termination statement acknowledging that
6.20mediation has ended and that:
6.21(1) describes or references agreements reached between a creditor and the debtor, if
6.22any, and agreements reached among creditors, if any; or
6.23(2) states that no agreement was reached between the parties, despite a good faith
6.24effort by the parties, and that further negotiation would be futile.
6.25(c) Mediation agreements may be included as part of the termination statement.

6.26    Sec. 6. [583.44] GOOD FAITH REQUIRED; COURT-SUPERVISED
6.27MEDIATION.
6.28    Subdivision 1. Obligation of good faith. The parties must engage in mediation in
6.29good faith. Not participating in good faith includes:
6.30(a) failure to attend and participate in mediation sessions without cause;
6.31(b) failure to provide full information regarding the financial obligations of the
6.32parties and other creditors including the obligation of a creditor to provide information
6.33under section 583.43, subdivision 4, paragraph (c);
6.34(c) failure of the creditor to designate a representative to participate in the mediation
6.35with authority to make binding commitments;
7.1(d) lack of a written statement of debt restructuring alternatives and a statement of
7.2reasons why alternatives are unacceptable to one of the parties; and
7.3(e) other similar behavior which evidences lack of good faith by a party. A failure
7.4to agree to reduce, restructure, refinance, or forgive debt does not, in itself, evidence
7.5lack of good faith by the creditor.
7.6    Subd. 2. Party's bad faith; mediator's affidavit. If the mediator determines that
7.7either party is not participating in good faith as defined in subdivision 1, the mediator shall
7.8file an affidavit indicating the reasons for the finding with the Office of the Attorney
7.9General and with parties to the mediation.
7.10    Subd. 3. Creditor's bad faith; court supervision. If the mediator finds the creditor
7.11has not participated in mediation in good faith, the debtor may require court-supervised
7.12mandatory mediation by filing the affidavit with the district court of the county of the
7.13debtor's residence with a request for court supervision of mediation and serving a copy of
7.14the request on the creditor. Upon request, the court shall require both parties to mediate
7.15under the supervision of the court in good faith for a period of not more than 180 days. All
7.16mortgage foreclosure proceedings must be suspended during this period. The court may
7.17issue orders necessary to effect good faith mediation. Following the mediation period, if
7.18the court finds the creditor has not participated in mediation in good faith, the court shall
7.19by order suspend the creditor's mortgage foreclosure proceeding for an additional period
7.20of 180 days. A creditor found by the mediator not to have participated in good faith shall
7.21pay the attorney fees and costs of the debtor requesting court supervision, in addition to
7.22further suspension of the creditor's mortgage foreclosure proceeding.
7.23    Subd. 4. Debtor's lack of good faith. A creditor may immediately proceed with
7.24creditor's mortgage foreclosure proceedings upon receipt of a mediator's affidavit of a
7.25debtor's lack of good faith notwithstanding any other requirements of sections 583.40
7.26to 583.49.
7.27    Subd. 5. Review of good faith finding. (a) Upon petition by a debtor or creditor, a
7.28court may review a mediator's affidavit of lack of good faith on a mediator's failure to file
7.29an affidavit of lack of good faith. The review is limited to whether the mediator committed
7.30an abuse of discretion in filing or failing to file an affidavit of lack of good faith. The
7.31petition must be reviewed by the court within ten days after the petition is filed.
7.32(b) If the court finds that the mediator committed an abuse of discretion in filing, or
7.33failing to file, an affidavit of lack of good faith, the court may:
7.34(1) reinstate mediation and the stay of creditor's mortgage foreclosure proceeding;
7.35(2) order court-supervised mediation; or
8.1(3) allow creditors to proceed immediately with creditors' mortgage foreclosure
8.2proceeding.

8.3    Sec. 7. [583.45] CREDITOR NOT ATTENDING MEDIATION MEETING.
8.4    Subdivision 1. Filing and effect of claim form. A creditor that is notified of the
8.5initial mediation meeting is subject to and bound by a mediation agreement if the creditor
8.6does not attend mediation meetings, unless the creditor files a claim form. In lieu of
8.7attending a mediation meeting, a creditor may file a claim form with the mediator before
8.8the scheduled meeting. By filing a claim form the creditor agrees to be bound by a
8.9mediation agreement reached at the mediation meeting unless an objection is filed within
8.10the time specified in subdivision 2. The mediator must notify the creditors who have filed
8.11claim forms of the terms of any agreement.
8.12    Subd. 2. Objections to agreements. A creditor who has filed a claim form may
8.13serve a written objection to the terms of the mediation agreement on the mediator and the
8.14debtor within ten days after receiving notice of the mediation agreement. If a creditor files
8.15an objection to the terms of a mediation agreement, the mediator shall meet again with
8.16debtors and creditors within ten days after receiving the objection. Notwithstanding the
8.17mediation period under section 583.43, subdivision 7, if an objection is filed, the mediator
8.18shall call mediation meetings during the ten-day period following receipt of the objection.

8.19    Sec. 8. [583.46] DATA PRACTICES.
8.20All data regarding the finances of individual debtors and creditors created, collected,
8.21and maintained by the mediators of the attorney general are classified as private data on
8.22individuals under section 13.02, subdivision 12, or nonpublic data under section 13.02,
8.23subdivision 9.

8.24    Sec. 9. [583.47] FORMS AND COMPENSATION.
8.25    Subdivision 1. Compensation The attorney general shall set the compensation
8.26of mediators.
8.27    Subd. 2. Forms. The attorney general's office shall create standard mediation
8.28requests and claim forms.

8.29    Sec. 10. [583.48] ENFORCEMENT.
8.30The mediation agreement may be enforced by a state district court.

8.31    Sec. 11. [583.49] INCONSISTENT LAWS.
9.1Sections 583.40 to 583.49 have precedence over any inconsistent or conflicting laws
9.2and statutes including chapters 336, 580, and 581.

9.3    Sec. 12. [583.50] EXPIRATION.
9.4Sections 582.0391, and 583.40 to 583.49, expire December 31, 2014.

9.5    Sec. 13. EFFECTIVE DATE.
9.6This article is effective the day following final enactment.


9.9    Section 1. Minnesota Statutes 2008, section 357.18, subdivision 1, is amended to read:
9.10    Subdivision 1. County recorder fees. The fees to be charged by the county recorder
9.11shall be and not exceed the following:
9.12(1) for indexing and recording any deed or other instrument a fee of $46; $10.50
9.13shall be paid to the state treasury and credited to the general fund; $10 shall be deposited
9.14in the technology fund pursuant to subdivision 3; and $25.50 shall be deposited in the
9.15county general fund;
9.16(1a) during the period from the enactment of sections 583.40 to 583.49 through
9.17December 31, 2014, the fee for indexing and recording any deed or other instrument will
9.18be $50; $10.50 shall be paid to the state treasury and credited to the general fund; $10 shall
9.19be deposited in the technology fund pursuant to subdivision 4; $25.50 shall be deposited
9.20in the county general fund; and $4 shall be paid to the mediation act account;
9.21(2) for documents containing multiple assignments, partial releases or satisfactions a
9.22fee of $46; if the document cites more than four recorded instruments, an additional fee of
9.23$10 for each additional instrument cited over the first four citations;
9.24(3) for certified copies of any records or papers, $10;
9.25(4) for a noncertified copy of any instrument or writing on file or recorded in the
9.26office of the county recorder, or any specified page or part of it, an amount as determined
9.27by the county board for each page or fraction of a page specified. If computer or microfilm
9.28printers are used to reproduce the instrument or writing, a like amount per image;
9.29(5) for an abstract of title, the fees shall be determined by resolution of the county
9.30board duly adopted upon the recommendation of the county recorder, and the fees shall
9.31not exceed $10 for every entry, $100 for abstract certificate, $1 per page for each exhibit
9.32included within an abstract as a part of an abstract entry, and $5 per name for each
9.33required name search certification;
10.1(6) for a copy of an official plat filed pursuant to section 505.08, the fee shall be $10
10.2and an additional $5 shall be charged for the certification of each plat;
10.3(7) for filing an amended floor plan in accordance with chapter 515, an amended
10.4condominium plat in accordance with chapter 515A, or a common interest community
10.5plat or amendment complying with section 515B.2-110, subsection (c), the fee shall be 50
10.6cents per apartment or unit with a minimum fee of $56;
10.7(8) for a copy of a floor plan filed pursuant to chapter 515, a copy of a condominium
10.8plat filed in accordance with chapter 515A, or a copy of a common interest community
10.9plat complying with section 515B.2-110, subsection (c), the fee shall be $1 for each page
10.10of the floor plan, condominium plat or common interest community plat with a minimum
10.11fee of $10;
10.12(9) for recording any plat, a fee of $56, of which $10.50 must be paid to the state
10.13treasury and credited to the general fund, $10 must be deposited in the technology fund
10.14pursuant to subdivision 3 4, and $35.50 must be deposited in the county general fund; and
10.15(10) for a noncertified copy of any document submitted for recording, if the original
10.16document is accompanied by a copy or duplicate original, $2. Upon receipt of the copy
10.17or duplicate original and payment of the fee, a county recorder shall return it marked
10.18"copy" or "duplicate," showing the recording date and, if available, the document number
10.19assigned to the original.

10.20    Sec. 2. Minnesota Statutes 2008, section 508.82, subdivision 1, is amended to read:
10.21    Subdivision 1. Standard documents. The fees to be charged by the registrar of
10.22titles shall be and not exceed the following:
10.23    (1) of the fees provided herein, $1.50 of the fees collected under clauses (2), (3), (4),
10.24(11), (13), (15), (17), and (18) for filing or memorializing shall be paid to the state treasury
10.25pursuant to section 508.75 and credited to the general fund;
10.26    (2) for registering a first certificate of title, including issuing a copy of it, $46.
10.27Pursuant to clause (1), distribution of this fee is as follows:
10.28    (i) $10.50 shall be paid to the state treasury and credited to the general fund;
10.29    (ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
10.30subdivision 3 4; and
10.31    (iii) $25.50 shall be deposited in the county general fund;
10.32(2a) during the period from the enactment of sections 583.40 to 583.49 through
10.33December 31, 2014, the fee for registering a first certificate of title, including issuing a
10.34copy of it, $50. Pursuant to clause (1), distribution of the fee is as follows:
10.35(i) $10.50 shall be paid to the state treasury and credited to the general fund;
11.1(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
11.2subdivision 4;
11.3(iii) $25.50 shall be deposited in the county general fund; and
11.4(iv) $4 shall be paid to the Homestead-Lender Mediation Act account;
11.5    (3) for registering each instrument transferring the fee simple title for which a new
11.6certificate of title is issued and for the registration of the new certificate of title, including
11.7a copy of it, $46. Pursuant to clause (1), distribution of this fee is as follows:
11.8    (i) $12 shall be paid to the state treasury and credited to the general fund;
11.9    (ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
11.10subdivision 3 4; and
11.11    (iii) $24 shall be deposited in the county general fund;
11.12(3a) during the period from the enactment of sections 583.40 to 583.49 through
11.13December 31, 2014, the fee for registering each instrument transferring the fee simple title
11.14for which a new certificate of title is issued and for the registration of the new certificate of
11.15title, including a copy of it, $50. Pursuant to clause (1), distribution of the fee is as follows:
11.16(i) $12 shall be paid to the state treasury and credited to the general fund;
11.17(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
11.18subdivision 4;
11.19(iii) $24 shall be deposited in the county general fund; and
11.20(iv) $4 shall be paid to the Homestead-Lender Mediation Act account;
11.21    (4) for the entry of each memorial on a certificate, $46. For multiple certificate
11.22entries, $20 thereafter. Pursuant to clause (1), distribution of this fee is as follows:
11.23    (i) $12 shall be paid to the state treasury and credited to the general fund;
11.24    (ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
11.25subdivision 3 4;
11.26    (iii) $24 shall be deposited in the county general fund; and
11.27    (iv) $20 shall be deposited in the county general fund for each multiple entry used;
11.28(4a) during the period from the enactment of sections 583.40 to 583.49 through
11.29December 31, 2014, the fee for the entry of each memorial on a certificate, $50. For
11.30multiple certificate entries, $20 thereafter. Pursuant to clause (1), distribution of the fee
11.31is as follows:
11.32(i) $12 shall be paid to the state treasury and credited to the general fund;
11.33(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
11.34subdivision 4;
11.35(iii) $24 shall be deposited in the county general fund;
11.36(iv) $4 shall be paid to the Homestead-Lender Mediation Act account; and
12.1(v) $20 shall be deposited in the county general fund for each multiple entry used;
12.2    (5) for issuing each residue certificate and each additional new certificate, $40;
12.3    (6) for exchange certificates, $20 for each certificate canceled and $20 for each
12.4new certificate issued;
12.5    (7) for each certificate showing condition of the register, $50;
12.6    (8) for any certified copy of any instrument or writing on file or recorded in the
12.7registrar of titles' office, $10;
12.8    (9) for a noncertified copy of any certificate of title, other than the copies issued
12.9under clauses (2) and (3), any instrument or writing on file or recorded in the office of
12.10the registrar of titles, or any specified page or part of it, an amount as determined by the
12.11county board for each page or fraction of a page specified. If computer or microfilm
12.12printers are used to reproduce the instrument or writing, a like amount per image;
12.13    (10) for a noncertified copy of any document submitted for recording, if the original
12.14document is accompanied by a copy or duplicate original, $2. Upon receipt of the copy
12.15or duplicate original and payment of the fee, a registrar of titles shall return it marked
12.16"copy" or "duplicate," showing the recording date and, if available, the document number
12.17assigned to the original;
12.18    (11) for filing two copies of any plat, other than a CIC plat complying with section
12.19515B.2-110 , paragraph (c), in the office of the registrar, $56. Pursuant to clause (1),
12.20distribution of this fee is as follows:
12.21    (i) $12 shall be paid to the state treasury and credited to the general fund;
12.22    (ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
12.23subdivision 3 4; and
12.24    (iii) $34 shall be deposited in the county general fund;
12.25    (12) for any other service under this chapter, such fee as the court shall determine;
12.26    (13) for filing any document affecting two or more units in a condominium governed
12.27by chapter 515, $46 for the first certificate upon which the document is registered, and for
12.28multiple certificate entries, $20 for each additional certificate upon which the document
12.29is registered. For purposes of this paragraph, an amendment to the declaration of a
12.30condominium governed by chapter 515 and a related amendment to the condominium
12.31floor plans shall be considered a single document, and the filing fee shall be $56 for the
12.32first certificate upon which the document is registered, and for multiple certificate entries,
12.33$20 for each additional certificate upon which the document is registered. Pursuant to
12.34clause (1), distribution of this fee is as follows:
12.35    (i) $12 shall be paid to the state treasury and credited to the general fund;
13.1    (ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
13.2subdivision 3 4;
13.3    (iii) $24 shall be deposited in the county general fund for amendment to a declaration;
13.4    (iv) $20 shall be deposited in the county general fund for each multiple entry
13.5used; and
13.6    (v) $34 shall be deposited in the county general fund for an amended floor plan;
13.7    (14) for issuance of a CECT pursuant to section 508.351, $40;
13.8    (15) for filing a common interest community declaration and a CIC plat complying
13.9with section 515B.2-110, paragraph (c); an amendment to a common interest community
13.10declaration and a related amendment to a CIC plat complying with section 515B.2-110,
13.11paragraph (c); or a supplemental declaration and a related supplemental CIC plat
13.12complying with section 515B.2-110, paragraph (c), each of which related documents
13.13shall be considered a single document, the filing fee shall be $56 for the first certificate
13.14upon which the document is registered, and for multiple certificate entries, $20 for each
13.15additional certificate upon which the document is registered. For filing any other document
13.16affecting two or more units in a common interest community, the filing fee shall be $46
13.17for the first certificate upon which the document is registered, and for multiple certificate
13.18entries, $20 for each additional certificate upon which the document is registered. The
13.19same fees shall apply to filing any document affecting two or more units or other parcels
13.20subject to a master declaration. Pursuant to clause (1), distribution of this fee is as follows:
13.21    (i) $12 shall be paid to the state treasury and credited to the general fund;
13.22    (ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
13.23subdivision 3 4;
13.24    (iii) $24 shall be deposited in the county general fund for the filing of an amendment
13.25complying with section 515B.2-110, subsection (c);
13.26    (iv) $20 shall be deposited in the county general fund for each multiple entry
13.27used; and
13.28    (v) $34 shall be deposited in the county general fund for the filing of a condominium
13.29or CIC plat or amendment;
13.30    (16) for a copy of a condominium floor plan filed in accordance with chapter 515,
13.31or a copy of a common interest community plat complying with section 515B.2-110,
13.32subsection (c) , the fee shall be $1 for each page of the floor plan or common interest
13.33community plat with a minimum fee of $10;
13.34    (17) for the filing of a certified copy of a plat of the survey pursuant to section
13.35508.23 or 508.671, $46. Pursuant to clause (1), distribution of this fee is as follows:
13.36    (i) $12 shall be paid to the state treasury and credited to the general fund;
14.1    (ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
14.2subdivision 3 4; and
14.3    (iii) $24 shall be deposited in the county general fund;
14.4    (18) for filing a registered land survey in triplicate in accordance with section
14.5508.47, subdivision 4 , $56. Pursuant to clause (1), distribution of this fee is as follows:
14.6    (i) $12 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) $34 shall be deposited in the county general fund; and
14.10    (19) for furnishing a certified copy of a registered land survey in accordance with
14.11section 508.47, subdivision 4, $15.

14.12    Sec. 3. Minnesota Statutes 2008, section 508A.82, subdivision 1, is amended to read:
14.13    Subdivision 1. Standard documents. The fees to be charged by the registrar of
14.14titles shall be and not exceed the following:
14.15(1) of the fees provided herein, $1.50 of the fees collected under clauses (2), (3),
14.16(5), (12), (14), (16), and (19) for filing or memorializing shall be paid to the state treasury
14.17pursuant to section 508.75 and credited to the general fund;
14.18(2) for registering a first CPT, including issuing a copy of it, $46. Pursuant to clause
14.19(1), distribution of the fee is as follows:
14.20(i) $10.50 shall be paid to the state treasury and credited to the general fund;
14.21(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
14.22subdivision 3 4; and
14.23(iii) $25.50 shall be deposited in the county general fund;
14.24(2a) during the period from the enactment of sections 583.40 to 583.49 through
14.25December 31, 2014, the fee for registering a first CPT, including issuing a copy of it, $50.
14.26Pursuant to clause (1), distribution of the fee is as follows:
14.27(i) $10.50 shall be paid to the state treasury and credited to the general fund;
14.28(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
14.29subdivision 4;
14.30(iii) $25.50 shall be deposited in the county general fund; and
14.31(iv) $4 shall be paid to the Homestead-Lender Mediation Act account;
14.32(3) for registering each instrument transferring the fee simple title for which a
14.33new CPT is issued and for the registration of the new CPT, including a copy of it, $46.
14.34Pursuant to clause (1), distribution of the fee is as follows:
14.35(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; and
15.3(iii) $24 shall be deposited in the county general fund;
15.4(3a) during the period from the enactment of sections 583.40 to 583.49 through
15.5December 31, 2014, the fee for registering each instrument transferring the fee simple title
15.6for which a new CPT is issued and for the registration of the new CPT, including a copy of
15.7it, $50. Pursuant to clause (1), distribution of the fee is as follows:
15.8(i) $12 shall be paid to the state treasury and credited to the general fund;
15.9(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
15.10subdivision 4;
15.11(iii) $24 shall be deposited in the county general fund; and
15.12(iv) $4 shall be paid to the Homestead-Lender Mediation Act account;
15.13(4) for issuance of a CECT pursuant to section 508A.351, $40;
15.14(5) for the entry of each memorial on a CPT, $46; for multiple certificate entries, $20
15.15thereafter. Pursuant to clause (1), distribution of the fee is as follows:
15.16(i) $12 shall be paid to the state treasury and credited to the general fund;
15.17(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
15.18subdivision 3 4;
15.19(iii) $24 shall be deposited in the county general fund; and
15.20(iv) $20 shall be deposited in the county general fund for each multiple entry used;
15.21(5a) during the period from the enactment of sections 583.40 to 583.49 through
15.22December 31, 2014, the fee for the entry of each memorial on a CPT, $50; for multiple
15.23certificate entries, $20 thereafter. Pursuant to clause (1), distribution of the fee is as
15.24follows:
15.25(i) $12 shall be paid to the state treasury and credited to the general fund;
15.26(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
15.27subdivision 4;
15.28(iii) $24 shall be deposited in the county general fund;
15.29(iv) $4 shall be paid to the Homestead-Lender Mediation Act account; and
15.30(v) $20 shall be deposited in the county general fund for each multiple entry used;
15.31(6) for issuing each residue CPT, $40;
15.32(7) for exchange CPTs or combined certificates of title, $20 for each CPT and
15.33certificate of title canceled and $20 for each new CPT or combined certificate of title
15.34issued;
15.35(8) for each CPT showing condition of the register, $50;
16.1(9) for any certified copy of any instrument or writing on file or recorded in the
16.2registrar of titles' office, $10;
16.3(10) for a noncertified copy of any CPT, other than the copies issued under clauses
16.4(2) and (3), any instrument or writing on file or recorded in the office of the registrar of
16.5titles, or any specified page or part of it, an amount as determined by the county board for
16.6each page or fraction of a page specified. If computer or microfilm printers are used to
16.7reproduce the instrument or writing, a like amount per image;
16.8(11) for a noncertified copy of any document submitted for recording, if the original
16.9document is accompanied by a copy or duplicate original, $2. Upon receipt of the copy
16.10or duplicate original and payment of the fee, a registrar of titles shall return it marked
16.11"copy" or "duplicate," showing the recording date and, if available, the document number
16.12assigned to the original;
16.13(12) for filing two copies of any plat in the office of the registrar, $56. Pursuant to
16.14clause (1), distribution of the fee is as follows:
16.15(i) $12 shall be paid to the state treasury and credited to the general fund;
16.16(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
16.17subdivision 3 4; and
16.18(iii) $34 shall be deposited in the county general fund;
16.19(13) for any other service under sections 508A.01 to 508A.85, the fee the court
16.20shall determine;
16.21(14) for filing an amendment to a declaration in accordance with chapter 515, $46
16.22for each certificate upon which the document is registered and for multiple certificate
16.23entries, $20 thereafter; $56 for an amended floor plan filed in accordance with chapter
16.24515. Pursuant to clause (1), distribution of the fee is as follows:
16.25(i) $12 shall be paid to the state treasury and credited to the general fund;
16.26(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
16.27subdivision 3 4;
16.28(iii) $24 shall be deposited in the county general fund for amendment to a declaration;
16.29(iv) $20 shall be deposited in the county general fund for each multiple entry
16.30used; and
16.31(v) $34 shall be deposited in the county general fund for an amended floor plan;
16.32(15) for issuance of a CECT pursuant to section 508.351, $40;
16.33(16) for filing an amendment to a common interest community declaration, including
16.34a supplemental declaration, and plat or amendment complying with section 515B.2-110,
16.35subsection (c) , and issuing a CECT if required, $46 for each certificate upon which the
16.36document is registered and for multiple certificate entries, $20 thereafter; $56 for the filing
17.1of the condominium or common interest community plat or amendment. See section
17.2515B.1-116 for special requirement relating to a common interest community. Pursuant to
17.3clause (1), distribution of the fee is as follows:
17.4(i) $12 shall be paid to the state treasury and credited to the general fund;
17.5(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
17.6subdivision 3 4;
17.7(iii) $24 shall be deposited in the county general fund for the filing of an amendment
17.8complying with section 515B.2-110, subsection (c);
17.9(iv) $20 shall be deposited in the county general fund for each multiple entry
17.10used; and
17.11(v) $34 shall be deposited in the county general fund for the filing of a condominium
17.12or CIC plat or amendment;
17.13(17) for a copy of a condominium floor plan filed in accordance with chapter 515,
17.14or a copy of a common interest community plat complying with section 515B.2-110,
17.15subsection (c) , the fee shall be $1 for each page of the floor plan, or common interest
17.16community plat with a minimum fee of $10;
17.17(18) in counties in which the compensation of the examiner of titles is paid in
17.18the same manner as the compensation of other county employees, for each parcel of
17.19land contained in the application for a CPT, as the number of parcels is determined by
17.20the examiner, a fee which is reasonable and which reflects the actual cost to the county,
17.21established by the board of county commissioners of the county in which the land is
17.22located;
17.23(19) for filing a registered land survey in triplicate in accordance with section
17.24508A.47, subdivision 4 , $56. Pursuant to clause (1), distribution of the fee is as follows:
17.25(i) $12 shall be paid to the state treasury and credited to the general fund;
17.26(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
17.27subdivision 3 4; and
17.28(iii) $34 shall be deposited in the county general fund; and
17.29(20) for furnishing a certified copy of a registered land survey in accordance with
17.30section 508A.47, subdivision 4, $15.

17.31    Sec. 4. HOMESTEAD-LENDER MEDIATION ACT ACCOUNT.
17.32    Subdivision 1. Establishment. The Homestead-Lender Mediation Act account is
17.33established as a special revenue account in the general fund.
17.34    Subd. 2. Generally. The Homestead-Lender Mediation Act account is created in the
17.35state treasury and shall be administered by the attorney general for the purposes described
18.1in this section. Any interest or profit accruing from investment of money in the fund shall
18.2be credited to the Homestead-Lender Mediation Act account.
18.3    Subd. 3. Expenditures. (a) Money in the Homestead-Lender Mediation Act
18.4account may only be used:
18.5(1) to pay for the compensation of mediators appointed by the attorney general under
18.6the Homestead-Lender Mediation Act, Minnesota Statutes, section 583.42, subdivision 3;
18.7(2) by the attorney general for reasonable reimbursement for staff and other
18.8administrative costs associated with the Homestead-Lender Mediation Act; and
18.9(3) by the attorney general for reimbursement of any funds deposited by the attorney
18.10general into the Homestead-Lender Mediation Act account in advance of sufficient
18.11deposits from revenue sources designated under subdivision 4.
18.12(b) Money in the Homestead-Lender Mediation Act account is appropriated to the
18.13attorney general to make payments as provided in this subdivision.
18.14    Subd. 4. Revenue sources. Revenue from the proceeds of fees payable to the
18.15Homestead-Lender Mediation Act account as imposed by Minnesota Statutes, sections
18.16357.18, 508.82, and 508A.82, must be deposited in the state treasury and credited to the
18.17Homestead-Lender Mediation Act account.
18.18    Subd. 5. Appropriation and reimbursement. (a) The amount of fees imposed
18.19under subdivision 4 is appropriated from the general fund to the Homestead-Lender
18.20Mediation Act account.
18.21(b) Upon expiration of the Homestead-Lender Mediation Act, as specified in
18.22Minnesota Statutes, section 583.50, any unused funds left in the Homestead-Lender
18.23Mediation Act account shall be transferred to the general fund.
18.24(c) Services provided under the Homestead-Lender Mediation Act are on a
18.25first-come, first-served basis to the extent of available funds in the Homestead-Lender
18.26Mediation Act account.

18.27    Sec. 5. EFFECTIVE DATE.
18.28This article is effective 30 days following final enactment.