Bill Text: MN HF87 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Mortgage lien affidavit of survivorship and release or partial release provided, registered land interest claimed, and technical and conforming changes made.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Passed) 2013-04-02 - Secretary of State Chapter 10 03/21/2013 [HF87 Detail]
Download: Minnesota-2013-HF87-Engrossed.html
1.2relating to real property; providing for affidavit of survivorship; providing
1.3for release or partial release of lien of a mortgage; claiming an interest in
1.4registered land after registration; making technical and conforming changes;
1.5amending Minnesota Statutes 2012, sections 507.092, subdivision 1; 507.403;
1.6508.70, subdivision 1; 508.82, subdivision 1; 508A.70, subdivision 1; 508A.82,
1.7subdivision 1.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2012, section 507.092, subdivision 1, is amended to read:
1.10 Subdivision 1. To get tax statements. (a) No contract for deed or deed conveying
1.11fee title to real estate or affidavit of survivorship shall be recorded by the county recorder
1.12or registered by the registrar of titles until the name and address of the person to whom
1.13future tax statements should be sent, is printed, typewritten, stamped or written on it in a
1.14legible manner. An instrument complies with this subdivision if it contains a statement
1.15in the following form: "Tax statements for the real property described in this instrument
1.16should be sent to:
1.17 ............... (legal name of grantee) ............... (residential or business address)."
1.18 (b) The name provided under paragraph (a) must be the legal name of the grantee
1.19and the address must be the residential or business address of the grantee.
1.20 Sec. 2. Minnesota Statutes 2012, section 507.403, is amended to read:
1.21507.403 CERTIFICATE OF SATISFACTION; RELEASE OR PARTIAL
1.22RELEASE OF MORTGAGESATISFACTION BY ASSIGNEE.
1.23 Subdivision 1. Certificate of satisfaction; release or partial release. A certificate
1.24of satisfaction of mortgage that complies with this section is effective to discharge satisfy
2.1or release the mortgage or release real estate described in the certificate from the lien of the
2.2mortgage even if one or more assignments of the mortgage have not been recordedor filed.
2.3 Subd. 2. Execution and contents.A To be effective, the certificate of satisfaction
2.4 under this section must be executed and acknowledged as required by law in the case of a
2.5deed, and must contain substantially all of the following:
2.6(1)the name of the assignee, the name of the mortgagor, the name of the original
2.7mortgagee, the date of the mortgage, the date of recording, and the volume and page
2.8number or document number of the mortgage in the real property records where the
2.9mortgage is recorded; and
2.10(2) a statement that theassignee is the entity or person executing the certificate
2.11is the current holder, owner, assignee, or successor of the mortgagee's interest in the
2.12mortgage; and
2.13(3) if a partial release, a legal description of the real property being released from
2.14the lien of the mortgage.
2.15Subd. 3. Execution. A certificate of satisfaction under this section must be executed
2.16and acknowledged as required by law in the case of a deed by a duly authorized officer
2.17or duly appointed agent of the assignee, but shall not relieve any person of any liability
2.18for damages caused by the person's wrongful or erroneous execution of a certificate of
2.19satisfaction.
2.20 Subd. 4. Effect. For purposes of satisfying, releasing, or partially releasing the lien
2.21of a mortgage under this section, a certificateof satisfaction that contains the information
2.22and statements required by that complies with subdivision 2 and which is executed as
2.23provided in this section is prima facie evidence of the facts contained in it, is entitled to be
2.24recorded with the county recorder or registrar of titles,and operates as a satisfaction or
2.25release or partial release of the lien of the mortgage as described in the certificate. The
2.26county recorder and the registrar of titles shall rely upon it to satisfy or release or partially
2.27release the lien of the mortgage.Recording of a wrongful, erroneous, or unauthorized
2.28certificate shall not relieve the mortgagor, or the mortgagor's successors or assigns, from
2.29any personal liability on the loan or other obligations secured by the mortgage. In addition
2.30to any other remedy provided by law, a person who wrongfully or erroneously executes a
2.31certificate under this section is liable to the mortgagee or an assignee for actual damage
2.32sustained due to the recording of the certificate, together with reasonable attorney fees,
2.33and costs and disbursements incurred by a mortgagee or assignee in the enforcement
2.34of the terms of this subdivision.
2.35Subd. 5. Recording. If a mortgage is recorded in more than one county and a
2.36certificate of satisfaction is recorded in one of them, a certified copy of the certificate may
3.1be recorded in the other county with the same effect as the original. In every case, the
3.2certificate must be entered and indexed as a satisfaction of the mortgage described in
3.3the certificate.
3.4 Subd. 5a. Liability. Execution or recording of a wrongful, erroneous, or
3.5unauthorized certificate under this section does not relieve the mortgagor or the
3.6mortgagor's successors or assigns from any personal liability on the obligations secured
3.7by the mortgage, and, in addition to any other remedies provided by law, a person who
3.8wrongfully, erroneously, or without authority executes or records the certificate and any
3.9entity on whose behalf the certificate is wrongfully, erroneously, or without authority
3.10executed or recorded, is liable to the mortgagee, the mortgagee's assigns, or any person or
3.11entity for actual damages sustained due to the execution or recording of the certificate,
3.12together with reasonable attorney fees, costs, and disbursements incurred by the damaged
3.13party as a result. For purposes of this section, "entity" does not include a natural person.
3.14 Subd. 6.Application Effective date. This section is effective the day following final
3.15enactment and applies to any mortgagerecorded or filed in this state and any certificate
3.16of satisfaction of the mortgage under this section wherever or whenever executed, and
3.17whether recorded, or filed before, on, or after August 1, 2004 the effective date.
3.18 Sec. 3. Minnesota Statutes 2012, section 508.70, subdivision 1, is amended to read:
3.19 Subdivision 1. Procedure; costs. (a) Any person claiming any interest in registered
3.20land arising or created after the date of the original registration, which does not appear
3.21on the certificate of title, may, if there is some impediment to registering the claimed
3.22interest, file with the registrar of titles a verified claim of unregistered interest, made by
3.23or at the instance of the claimant, stating:
3.24(1) the alleged interest;
3.25(2) how or from whom it was acquired;
3.26(3) the reason the interest cannot be registered;
3.27(4) the number of the affected certificate of title;
3.28(5) a description of the affected land;
3.29(6) a place at which all notices may be served upon the claimant; and
3.30(7) that the claim is not made for the purpose of avoiding the payment of mortgage
3.31registry tax under section287.01 or deed tax under section
287.21 , or avoiding obtaining
3.32the auditor's statement on an instrument under section272.12 .
3.33(b) If the claimant claims an interest in an unregistered mortgage that is subject to
3.34the imposition of mortgage registry tax upon recording, the notice must contain evidence
3.35satisfactory to the registrar of titles that the mortgage registry tax has been paid.
4.1(c) A copy of the claim must be mailed to the persons whose registered interests
4.2are affected by the claim at their addresses shown on the certificate of title. An affidavit
4.3stating the names and addresses of the persons to whom copies of the claim were mailed
4.4must be attached to the claim. The claim with attached affidavit regarding mailing shall be
4.5entitled to registration, and the court, upon the petition of any party in interest, shall grant
4.6a speedy hearing upon the validity of such claim and enter such order as justice and equity
4.7may require. If the court determines that the claim is invalid, it shall order the cancellation
4.8of the memorial of the claim. The court may, in any case, award such costs and damages,
4.9including a reasonable attorney's fee, as it may deem just.
4.10 Sec. 4. Minnesota Statutes 2012, section 508.82, subdivision 1, is amended to read:
4.11 Subdivision 1. Standard documents. The fees to be charged by the registrar of
4.12titles shall be and not exceed the following:
4.13 (1) of the fees provided herein, $1.50 of the fees collected under clauses (2), (3), (4),
4.14(11), (13), (15), (17), and (18) for filing or memorializing shall be paid to the state treasury
4.15pursuant to section508.75 and credited to the general fund;
4.16 (2) for registering a first certificate of title, including issuing a copy of it, $46.
4.17Pursuant to clause (1), distribution of this fee is as follows:
4.18 (i) $10.50 shall be paid to the state treasury and credited to the general fund;
4.19 (ii) $10 shall be deposited in the technology fund pursuant to section357.18,
4.20subdivision 4 ; and
4.21 (iii) $25.50 shall be deposited in the county general fund;
4.22 (3) for registering each instrument transferring the fee simple title for which a new
4.23certificate of title is issued and for the registration of the new certificate of title, including
4.24a copy of it, $46. Pursuant to clause (1), distribution of this fee is as follows:
4.25 (i) $12 shall be paid to the state treasury and credited to the general fund;
4.26 (ii) $10 shall be deposited in the technology fund pursuant to section357.18,
4.27subdivision 4 ; and
4.28 (iii) $24 shall be deposited in the county general fund;
4.29 (4) for the entry of each memorial on a certificate, $46. For multiple certificate
4.30entries, $20 thereafter. Pursuant to clause (1), distribution of this fee is as follows:
4.31 (i) $12 shall be paid to the state treasury and credited to the general fund;
4.32 (ii) $10 shall be deposited in the technology fund pursuant to section357.18,
4.33subdivision 4 ;
4.34 (iii) $24 shall be deposited in the county general fund; and
4.35 (iv) $20 shall be deposited in the county general fund for each multiple entry used;
5.1 (5) for issuing each residue certificate and each additional new certificate, $40;
5.2 (6) for exchange certificates, $20 for each certificate canceled and $20 for each
5.3new certificate issued;
5.4 (7) for each certificate showing condition of the register, $50;
5.5 (8) for any certified copy of any instrument or writing on file or recorded in the
5.6registrar of titles' office, $10;
5.7 (9) for a noncertified copy of any certificate of title, other than the copies issued
5.8under clauses (2) and (3), any instrument or writing on file or recorded in the office of
5.9the registrar of titles, or any specified page or part of it, an amount as determined by the
5.10county board for each page or fraction of a page specified. If computer or microfilm
5.11printers are used to reproduce the instrument or writing, a like amount per image;
5.12 (10) for a noncertified copy of any document submitted for recording, if the original
5.13document is accompanied by a copy or duplicate original, $2. Upon receipt of the copy
5.14or duplicate original and payment of the fee, a registrar of titles shall return it marked
5.15"copy" or "duplicate," showing the recording date and, if available, the document number
5.16assigned to the original;
5.17 (11) for filing two copies of any plat, other than a CIC plat complying with section
5.18515B.2-110
, paragraph (c), in the office of the registrar, $56. Pursuant to clause (1),
5.19distribution of this fee is as follows:
5.20 (i) $12 shall be paid to the state treasury and credited to the general fund;
5.21 (ii) $10 shall be deposited in the technology fund pursuant to section357.18,
5.22subdivision 4 ; and
5.23 (iii) $34 shall be deposited in the county general fund;
5.24 (12) for any other service under this chapter, such fee as the court shall determine;
5.25 (13) for filing any document affecting two or more units in a condominium governed
5.26by chapter 515, $46 for the first certificate upon which the document is registered, and for
5.27multiple certificate entries, $20 for each additional certificate upon which the document
5.28is registered. For purposes of this paragraph, an amendment to the declaration of a
5.29condominium governed by chapter 515 and a related amendment to the condominium
5.30floor plans shall be considered a single document, and the filing fee shall be $56 for the
5.31first certificate upon which the document is registered, and for multiple certificate entries,
5.32$20 for each additional certificate upon which the document is registered. Pursuant to
5.33clause (1), distribution of this fee is as follows:
5.34 (i) $12 shall be paid to the state treasury and credited to the general fund;
5.35 (ii) $10 shall be deposited in the technology fund pursuant to section357.18,
5.36subdivision 4 ;
6.1 (iii) $24 shall be deposited in the county general fund for amendment to a declaration;
6.2 (iv) $20 shall be deposited in the county general fund for each multiple entry used; and
6.3 (v) $34 shall be deposited in the county general fund for an amended floor plan;
6.4 (14) for issuance of aCECT CICCT pursuant to section
508.351 , $40;
6.5 (15) for filing a common interest community declaration and a CIC plat complying
6.6with section515B.2-110 , paragraph (c); an amendment to a common interest community
6.7declaration and a related amendment to a CIC plat complying with section515B.2-110 ,
6.8paragraph (c); or a supplemental declaration and a related supplemental CIC plat
6.9complying with section515B.2-110 , paragraph (c), each of which related documents
6.10shall be considered a single document, the filing fee shall be $56 for the first certificate
6.11upon which the document is registered, and for multiple certificate entries, $20 for each
6.12additional certificate upon which the document is registered. For filing any other document
6.13affecting two or more units in a common interest community, the filing fee shall be $46
6.14for the first certificate upon which the document is registered, and for multiple certificate
6.15entries, $20 for each additional certificate upon which the document is registered. The
6.16same fees shall apply to filing any document affecting two or more units or other parcels
6.17subject to a master declaration. Pursuant to clause (1), distribution of this fee is as follows:
6.18 (i) $12 shall be paid to the state treasury and credited to the general fund;
6.19 (ii) $10 shall be deposited in the technology fund pursuant to section357.18,
6.20subdivision 4 ;
6.21 (iii) $24 shall be deposited in the county general fund for the filing of an amendment
6.22complying with section515B.2-110, subsection (c) ;
6.23 (iv) $20 shall be deposited in the county general fund for each multiple entry used; and
6.24 (v) $34 shall be deposited in the county general fund for the filing of a condominium
6.25or CIC plat or amendment;
6.26 (16) for a copy of a condominium floor plan filed in accordance with chapter 515,
6.27or a copy of a common interest community plat complying with section515B.2-110,
6.28subsection (c) , the fee shall be $1 for each page of the floor plan or common interest
6.29community plat with a minimum fee of $10;
6.30 (17) for the filing of a certified copy of a plat of the survey pursuant to section
6.31508.23
or
508.671 , $46. Pursuant to clause (1), distribution of this fee is as follows:
6.32 (i) $12 shall be paid to the state treasury and credited to the general fund;
6.33 (ii) $10 shall be deposited in the technology fund pursuant to section357.18,
6.34subdivision 4 ; and
6.35 (iii) $24 shall be deposited in the county general fund;
7.1 (18) for filing a registered land survey in triplicate in accordance with section
7.2508.47, subdivision 4
, $56. Pursuant to clause (1), distribution of this fee is as follows:
7.3 (i) $12 shall be paid to the state treasury and credited to the general fund;
7.4 (ii) $10 shall be deposited in the technology fund pursuant to section357.18,
7.5subdivision 4 ; and
7.6 (iii) $34 shall be deposited in the county general fund; and
7.7 (19) for furnishing a certified copy of a registered land survey in accordance with
7.8section508.47, subdivision 4 , $15.
7.9 Sec. 5. Minnesota Statutes 2012, section 508A.70, subdivision 1, is amended to read:
7.10 Subdivision 1. Procedure; costs. (a) Any person claiming any interest in land
7.11registered under sections508A.01 to
508A.85 arising or created after the date of the first
7.12CPT, may, if there is some impediment to registering the claimed interest, file with the
7.13registrar of titles a verified claim of unregistered interest, made by or at the instance
7.14of the claimant, stating:
7.15(1) the alleged interest;
7.16(2) how or from whom it was acquired;
7.17(3) the reason the interest cannot be registered;
7.18(4) the number of the affected CPT;
7.19(5) a description of the affected land;
7.20(6) a place at which all notices may be served upon the claimant; and
7.21(7) that the claim is not made for the purpose of avoiding the payment of mortgage
7.22registry tax under section287.01 or deed tax under section
287.21 , or avoiding obtaining
7.23the auditor's statement on an instrument under section272.12 .
7.24(b) If the claimant claims an interest in an unregistered mortgage that is subject to
7.25the imposition of mortgage registry tax upon recording, the notice must contain evidence
7.26satisfactory to the registrar of titles that the mortgage registry tax has been paid.
7.27(c) A copy of the claim must be mailed to the persons whose registered interests
7.28are affected by the claim at their addresses shown on the CPT. An affidavit stating the
7.29names and addresses of the persons to whom copies of the claim were mailed must be
7.30attached to the claim. The claim with attached affidavit regarding mailing shall be entitled
7.31to registration, and the court, upon the petition of any party in interest, shall grant a speedy
7.32hearing upon the validity of the claim and enter an order as justice and equity may require.
7.33If the court determines that the claim is invalid, it shall order the cancellation of the
7.34memorial of the claim. The court may, in any case, award costs and damages, including a
7.35reasonable attorney's fee, as it may deem just.
8.1 Sec. 6. Minnesota Statutes 2012, section 508A.82, subdivision 1, is amended to read:
8.2 Subdivision 1. Standard documents. The fees to be charged by the registrar of
8.3titles shall be and not exceed the following:
8.4(1) of the fees provided herein, $1.50 of the fees collected under clauses (2), (3),
8.5(5), (12), (14), (16), and (19) for filing or memorializing shall be paid to the state treasury
8.6pursuant to section508.75 and credited to the general fund;
8.7(2) for registering a first CPT, including issuing a copy of it, $46. Pursuant to clause
8.8(1), distribution of the fee is as follows:
8.9(i) $10.50 shall be paid to the state treasury and credited to the general fund;
8.10(ii) $10 shall be deposited in the technology fund pursuant to section357.18,
8.11subdivision 4; and
8.12(iii) $25.50 shall be deposited in the county general fund;
8.13(3) for registering each instrument transferring the fee simple title for which a
8.14new CPT is issued and for the registration of the new CPT, including a copy of it, $46.
8.15Pursuant to clause (1), distribution of the fee is as follows:
8.16(i) $12 shall be paid to the state treasury and credited to the general fund;
8.17(ii) $10 shall be deposited in the technology fund pursuant to section357.18,
8.18subdivision 4; and
8.19(iii) $24 shall be deposited in the county general fund;
8.20(4) for issuance of aCECT CICCT pursuant to section
508A.351 , $40;
8.21(5) for the entry of each memorial on a CPT, $46; for multiple certificate entries, $20
8.22thereafter. Pursuant to clause (1), distribution of the fee is as follows:
8.23(i) $12 shall be paid to the state treasury and credited to the general fund;
8.24(ii) $10 shall be deposited in the technology fund pursuant to section357.18,
8.25subdivision 4;
8.26(iii) $24 shall be deposited in the county general fund; and
8.27(iv) $20 shall be deposited in the county general fund for each multiple entry used;
8.28(6) for issuing each residue CPT, $40;
8.29(7) for exchange CPTs or combined certificates of title, $20 for each CPT and
8.30certificate of title canceled and $20 for each new CPT or combined certificate of title issued;
8.31(8) for each CPT showing condition of the register, $50;
8.32(9) for any certified copy of any instrument or writing on file or recorded in the
8.33registrar of titles' office, $10;
8.34(10) for a noncertified copy of any CPT, other than the copies issued under clauses
8.35(2) and (3), any instrument or writing on file or recorded in the office of the registrar of
8.36titles, or any specified page or part of it, an amount as determined by the county board for
9.1each page or fraction of a page specified. If computer or microfilm printers are used to
9.2reproduce the instrument or writing, a like amount per image;
9.3(11) for a noncertified copy of any document submitted for recording, if the original
9.4document is accompanied by a copy or duplicate original, $2. Upon receipt of the copy
9.5or duplicate original and payment of the fee, a registrar of titles shall return it marked
9.6"copy" or "duplicate," showing the recording date and, if available, the document number
9.7assigned to the original;
9.8(12) for filing two copies of any plat in the office of the registrar, $56. Pursuant to
9.9clause (1), distribution of the fee is as follows:
9.10(i) $12 shall be paid to the state treasury and credited to the general fund;
9.11(ii) $10 shall be deposited in the technology fund pursuant to section357.18,
9.12subdivision 4; and
9.13(iii) $34 shall be deposited in the county general fund;
9.14(13) for any other service under sections508A.01 to
508A.85 , the fee the court
9.15shall determine;
9.16(14) for filing an amendment to a declaration in accordance with chapter 515, $46
9.17for each certificate upon which the document is registered and for multiple certificate
9.18entries, $20 thereafter; $56 for an amended floor plan filed in accordance with chapter
9.19515. Pursuant to clause (1), distribution of the fee is as follows:
9.20(i) $12 shall be paid to the state treasury and credited to the general fund;
9.21(ii) $10 shall be deposited in the technology fund pursuant to section357.18,
9.22subdivision 4;
9.23(iii) $24 shall be deposited in the county general fund for amendment to a declaration;
9.24(iv) $20 shall be deposited in the county general fund for each multiple entry used; and
9.25(v) $34 shall be deposited in the county general fund for an amended floor plan;
9.26(15) for issuance of aCECT CICCT pursuant to section
508.351 , $40;
9.27(16) for filing an amendment to a common interest community declaration, including
9.28a supplemental declaration, and plat or amendment complying with section515B.2-110,
9.29subsection (c) , and issuing a CECT CICCT if required, $46 for each certificate upon which
9.30the document is registered and for multiple certificate entries, $20 thereafter; $56 for the
9.31filing of the condominium or common interest community plat or amendment. See section
9.32515B.1-116 for special requirement relating to a common interest community. Pursuant to
9.33clause (1), distribution of the fee is as follows:
9.34(i) $12 shall be paid to the state treasury and credited to the general fund;
9.35(ii) $10 shall be deposited in the technology fund pursuant to section357.18,
9.36subdivision 4;
10.1(iii) $24 shall be deposited in the county general fund for the filing of an amendment
10.2complying with section515B.2-110, subsection (c) ;
10.3(iv) $20 shall be deposited in the county general fund for each multiple entry used; and
10.4(v) $34 shall be deposited in the county general fund for the filing of a condominium
10.5or CIC plat or amendment;
10.6(17) for a copy of a condominium floor plan filed in accordance with chapter 515,
10.7or a copy of a common interest community plat complying with section515B.2-110,
10.8subsection (c) , the fee shall be $1 for each page of the floor plan, or common interest
10.9community plat with a minimum fee of $10;
10.10(18) in counties in which the compensation of the examiner of titles is paid in the same
10.11manner as the compensation of other county employees, for each parcel of land contained
10.12in the application for a CPT, as the number of parcels is determined by the examiner, a fee
10.13which is reasonable and which reflects the actual cost to the county, established by the
10.14board of county commissioners of the county in which the land is located;
10.15(19) for filing a registered land survey in triplicate in accordance with section
10.16508A.47, subdivision 4
, $56. Pursuant to clause (1), distribution of the fee is as follows:
10.17(i) $12 shall be paid to the state treasury and credited to the general fund;
10.18(ii) $10 shall be deposited in the technology fund pursuant to section357.18,
10.19subdivision 4; and
10.20(iii) $34 shall be deposited in the county general fund; and
10.21(20) for furnishing a certified copy of a registered land survey in accordance with
10.22section508A.47, subdivision 4 , $15.
1.3for release or partial release of lien of a mortgage; claiming an interest in
1.4registered land after registration; making technical and conforming changes;
1.5amending Minnesota Statutes 2012, sections 507.092, subdivision 1; 507.403;
1.6508.70, subdivision 1; 508.82, subdivision 1; 508A.70, subdivision 1; 508A.82,
1.7subdivision 1.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2012, section 507.092, subdivision 1, is amended to read:
1.10 Subdivision 1. To get tax statements. (a) No contract for deed or deed conveying
1.11fee title to real estate or affidavit of survivorship shall be recorded by the county recorder
1.12or registered by the registrar of titles until the name and address of the person to whom
1.13future tax statements should be sent, is printed, typewritten, stamped or written on it in a
1.14legible manner. An instrument complies with this subdivision if it contains a statement
1.15in the following form: "Tax statements for the real property described in this instrument
1.16should be sent to:
1.17 ............... (legal name of grantee) ............... (residential or business address)."
1.18 (b) The name provided under paragraph (a) must be the legal name of the grantee
1.19and the address must be the residential or business address of the grantee.
1.20 Sec. 2. Minnesota Statutes 2012, section 507.403, is amended to read:
1.21507.403 CERTIFICATE OF SATISFACTION; RELEASE OR PARTIAL
1.22RELEASE OF MORTGAGE
1.23 Subdivision 1. Certificate of satisfaction; release or partial release. A certificate
1.24
2.1or release the mortgage or release real estate described in the certificate from the lien of the
2.2mortgage even if one or more assignments of the mortgage have not been recorded
2.3 Subd. 2. Execution and contents.
2.4 under this section must be executed and acknowledged as required by law in the case of a
2.5deed, and must contain substantially all of the following:
2.6(1)
2.7mortgagee, the date of the mortgage, the date of recording, and the volume and page
2.8number or document number of the mortgage in the real property records where the
2.9mortgage is recorded; and
2.10(2) a statement that the
2.11is the current holder, owner, assignee, or successor of the mortgagee's interest in the
2.12mortgage; and
2.13(3) if a partial release, a legal description of the real property being released from
2.14the lien of the mortgage.
2.15
2.16
2.17
2.18
2.19
2.20 Subd. 4. Effect. For purposes of satisfying, releasing, or partially releasing the lien
2.21of a mortgage under this section, a certificate
2.22
2.23
2.24recorded with the county recorder or registrar of titles,
2.25release or partial release of the lien of the mortgage as described in the certificate. The
2.26county recorder and the registrar of titles shall rely upon it to satisfy or release or partially
2.27release the lien of the mortgage.
2.28
2.29
2.30
2.31
2.32
2.33
2.34
2.35
2.36
3.1
3.2
3.3
3.4 Subd. 5a. Liability. Execution or recording of a wrongful, erroneous, or
3.5unauthorized certificate under this section does not relieve the mortgagor or the
3.6mortgagor's successors or assigns from any personal liability on the obligations secured
3.7by the mortgage, and, in addition to any other remedies provided by law, a person who
3.8wrongfully, erroneously, or without authority executes or records the certificate and any
3.9entity on whose behalf the certificate is wrongfully, erroneously, or without authority
3.10executed or recorded, is liable to the mortgagee, the mortgagee's assigns, or any person or
3.11entity for actual damages sustained due to the execution or recording of the certificate,
3.12together with reasonable attorney fees, costs, and disbursements incurred by the damaged
3.13party as a result. For purposes of this section, "entity" does not include a natural person.
3.14 Subd. 6.
3.15enactment and applies to any mortgage
3.16
3.17whether recorded
3.18 Sec. 3. Minnesota Statutes 2012, section 508.70, subdivision 1, is amended to read:
3.19 Subdivision 1. Procedure; costs. (a) Any person claiming any interest in registered
3.20land arising or created after the date of the original registration, which does not appear
3.21on the certificate of title, may, if there is some impediment to registering the claimed
3.22interest, file with the registrar of titles a verified claim of unregistered interest, made by
3.23or at the instance of the claimant, stating:
3.24(1) the alleged interest;
3.25(2) how or from whom it was acquired;
3.26(3) the reason the interest cannot be registered;
3.27(4) the number of the affected certificate of title;
3.28(5) a description of the affected land;
3.29(6) a place at which all notices may be served upon the claimant; and
3.30(7) that the claim is not made for the purpose of avoiding the payment of mortgage
3.31registry tax under section
3.32the auditor's statement on an instrument under section
3.33(b) If the claimant claims an interest in an unregistered mortgage that is subject to
3.34the imposition of mortgage registry tax upon recording, the notice must contain evidence
3.35satisfactory to the registrar of titles that the mortgage registry tax has been paid.
4.1(c) A copy of the claim must be mailed to the persons whose registered interests
4.2are affected by the claim at their addresses shown on the certificate of title. An affidavit
4.3stating the names and addresses of the persons to whom copies of the claim were mailed
4.4must be attached to the claim. The claim with attached affidavit regarding mailing shall be
4.5entitled to registration, and the court, upon the petition of any party in interest, shall grant
4.6a speedy hearing upon the validity of such claim and enter such order as justice and equity
4.7may require. If the court determines that the claim is invalid, it shall order the cancellation
4.8of the memorial of the claim. The court may, in any case, award such costs and damages,
4.9including a reasonable attorney's fee, as it may deem just.
4.10 Sec. 4. Minnesota Statutes 2012, section 508.82, subdivision 1, is amended to read:
4.11 Subdivision 1. Standard documents. The fees to be charged by the registrar of
4.12titles shall be and not exceed the following:
4.13 (1) of the fees provided herein, $1.50 of the fees collected under clauses (2), (3), (4),
4.14(11), (13), (15), (17), and (18) for filing or memorializing shall be paid to the state treasury
4.15pursuant to section
4.16 (2) for registering a first certificate of title, including issuing a copy of it, $46.
4.17Pursuant to clause (1), distribution of this fee is as follows:
4.18 (i) $10.50 shall be paid to the state treasury and credited to the general fund;
4.19 (ii) $10 shall be deposited in the technology fund pursuant to section
4.20subdivision 4
4.21 (iii) $25.50 shall be deposited in the county general fund;
4.22 (3) for registering each instrument transferring the fee simple title for which a new
4.23certificate of title is issued and for the registration of the new certificate of title, including
4.24a copy of it, $46. Pursuant to clause (1), distribution of this fee is as follows:
4.25 (i) $12 shall be paid to the state treasury and credited to the general fund;
4.26 (ii) $10 shall be deposited in the technology fund pursuant to section
4.27subdivision 4
4.28 (iii) $24 shall be deposited in the county general fund;
4.29 (4) for the entry of each memorial on a certificate, $46. For multiple certificate
4.30entries, $20 thereafter. Pursuant to clause (1), distribution of this fee is as follows:
4.31 (i) $12 shall be paid to the state treasury and credited to the general fund;
4.32 (ii) $10 shall be deposited in the technology fund pursuant to section
4.33subdivision 4
4.34 (iii) $24 shall be deposited in the county general fund; and
4.35 (iv) $20 shall be deposited in the county general fund for each multiple entry used;
5.1 (5) for issuing each residue certificate and each additional new certificate, $40;
5.2 (6) for exchange certificates, $20 for each certificate canceled and $20 for each
5.3new certificate issued;
5.4 (7) for each certificate showing condition of the register, $50;
5.5 (8) for any certified copy of any instrument or writing on file or recorded in the
5.6registrar of titles' office, $10;
5.7 (9) for a noncertified copy of any certificate of title, other than the copies issued
5.8under clauses (2) and (3), any instrument or writing on file or recorded in the office of
5.9the registrar of titles, or any specified page or part of it, an amount as determined by the
5.10county board for each page or fraction of a page specified. If computer or microfilm
5.11printers are used to reproduce the instrument or writing, a like amount per image;
5.12 (10) for a noncertified copy of any document submitted for recording, if the original
5.13document is accompanied by a copy or duplicate original, $2. Upon receipt of the copy
5.14or duplicate original and payment of the fee, a registrar of titles shall return it marked
5.15"copy" or "duplicate," showing the recording date and, if available, the document number
5.16assigned to the original;
5.17 (11) for filing two copies of any plat, other than a CIC plat complying with section
5.19distribution of this fee is as follows:
5.20 (i) $12 shall be paid to the state treasury and credited to the general fund;
5.21 (ii) $10 shall be deposited in the technology fund pursuant to section
5.22subdivision 4
5.23 (iii) $34 shall be deposited in the county general fund;
5.24 (12) for any other service under this chapter, such fee as the court shall determine;
5.25 (13) for filing any document affecting two or more units in a condominium governed
5.26by chapter 515, $46 for the first certificate upon which the document is registered, and for
5.27multiple certificate entries, $20 for each additional certificate upon which the document
5.28is registered. For purposes of this paragraph, an amendment to the declaration of a
5.29condominium governed by chapter 515 and a related amendment to the condominium
5.30floor plans shall be considered a single document, and the filing fee shall be $56 for the
5.31first certificate upon which the document is registered, and for multiple certificate entries,
5.32$20 for each additional certificate upon which the document is registered. Pursuant to
5.33clause (1), distribution of this fee is as follows:
5.34 (i) $12 shall be paid to the state treasury and credited to the general fund;
5.35 (ii) $10 shall be deposited in the technology fund pursuant to section
5.36subdivision 4
6.1 (iii) $24 shall be deposited in the county general fund for amendment to a declaration;
6.2 (iv) $20 shall be deposited in the county general fund for each multiple entry used; and
6.3 (v) $34 shall be deposited in the county general fund for an amended floor plan;
6.4 (14) for issuance of a
6.5 (15) for filing a common interest community declaration and a CIC plat complying
6.6with section
6.7declaration and a related amendment to a CIC plat complying with section
6.8paragraph (c); or a supplemental declaration and a related supplemental CIC plat
6.9complying with section
6.10shall be considered a single document, the filing fee shall be $56 for the first certificate
6.11upon which the document is registered, and for multiple certificate entries, $20 for each
6.12additional certificate upon which the document is registered. For filing any other document
6.13affecting two or more units in a common interest community, the filing fee shall be $46
6.14for the first certificate upon which the document is registered, and for multiple certificate
6.15entries, $20 for each additional certificate upon which the document is registered. The
6.16same fees shall apply to filing any document affecting two or more units or other parcels
6.17subject to a master declaration. Pursuant to clause (1), distribution of this fee is as follows:
6.18 (i) $12 shall be paid to the state treasury and credited to the general fund;
6.19 (ii) $10 shall be deposited in the technology fund pursuant to section
6.20subdivision 4
6.21 (iii) $24 shall be deposited in the county general fund for the filing of an amendment
6.22complying with section
6.23 (iv) $20 shall be deposited in the county general fund for each multiple entry used; and
6.24 (v) $34 shall be deposited in the county general fund for the filing of a condominium
6.25or CIC plat or amendment;
6.26 (16) for a copy of a condominium floor plan filed in accordance with chapter 515,
6.27or a copy of a common interest community plat complying with section
6.28subsection (c)
6.29community plat with a minimum fee of $10;
6.30 (17) for the filing of a certified copy of a plat of the survey pursuant to section
6.32 (i) $12 shall be paid to the state treasury and credited to the general fund;
6.33 (ii) $10 shall be deposited in the technology fund pursuant to section
6.34subdivision 4
6.35 (iii) $24 shall be deposited in the county general fund;
7.1 (18) for filing a registered land survey in triplicate in accordance with section
7.3 (i) $12 shall be paid to the state treasury and credited to the general fund;
7.4 (ii) $10 shall be deposited in the technology fund pursuant to section
7.5subdivision 4
7.6 (iii) $34 shall be deposited in the county general fund; and
7.7 (19) for furnishing a certified copy of a registered land survey in accordance with
7.8section
7.9 Sec. 5. Minnesota Statutes 2012, section 508A.70, subdivision 1, is amended to read:
7.10 Subdivision 1. Procedure; costs. (a) Any person claiming any interest in land
7.11registered under sections
7.12CPT, may, if there is some impediment to registering the claimed interest, file with the
7.13registrar of titles a verified claim of unregistered interest, made by or at the instance
7.14of the claimant, stating:
7.15(1) the alleged interest;
7.16(2) how or from whom it was acquired;
7.17(3) the reason the interest cannot be registered;
7.18(4) the number of the affected CPT;
7.19(5) a description of the affected land;
7.20(6) a place at which all notices may be served upon the claimant; and
7.21(7) that the claim is not made for the purpose of avoiding the payment of mortgage
7.22registry tax under section
7.23the auditor's statement on an instrument under section
7.24(b) If the claimant claims an interest in an unregistered mortgage that is subject to
7.25the imposition of mortgage registry tax upon recording, the notice must contain evidence
7.26satisfactory to the registrar of titles that the mortgage registry tax has been paid.
7.27(c) A copy of the claim must be mailed to the persons whose registered interests
7.28are affected by the claim at their addresses shown on the CPT. An affidavit stating the
7.29names and addresses of the persons to whom copies of the claim were mailed must be
7.30attached to the claim. The claim with attached affidavit regarding mailing shall be entitled
7.31to registration, and the court, upon the petition of any party in interest, shall grant a speedy
7.32hearing upon the validity of the claim and enter an order as justice and equity may require.
7.33If the court determines that the claim is invalid, it shall order the cancellation of the
7.34memorial of the claim. The court may, in any case, award costs and damages, including a
7.35reasonable attorney's fee, as it may deem just.
8.1 Sec. 6. Minnesota Statutes 2012, section 508A.82, subdivision 1, is amended to read:
8.2 Subdivision 1. Standard documents. The fees to be charged by the registrar of
8.3titles shall be and not exceed the following:
8.4(1) of the fees provided herein, $1.50 of the fees collected under clauses (2), (3),
8.5(5), (12), (14), (16), and (19) for filing or memorializing shall be paid to the state treasury
8.6pursuant to section
8.7(2) for registering a first CPT, including issuing a copy of it, $46. Pursuant to clause
8.8(1), distribution of the fee is as follows:
8.9(i) $10.50 shall be paid to the state treasury and credited to the general fund;
8.10(ii) $10 shall be deposited in the technology fund pursuant to section
8.11subdivision
8.12(iii) $25.50 shall be deposited in the county general fund;
8.13(3) for registering each instrument transferring the fee simple title for which a
8.14new CPT is issued and for the registration of the new CPT, including a copy of it, $46.
8.15Pursuant to clause (1), distribution of the fee is as follows:
8.16(i) $12 shall be paid to the state treasury and credited to the general fund;
8.17(ii) $10 shall be deposited in the technology fund pursuant to section
8.18subdivision
8.19(iii) $24 shall be deposited in the county general fund;
8.20(4) for issuance of a
8.21(5) for the entry of each memorial on a CPT, $46; for multiple certificate entries, $20
8.22thereafter. Pursuant to clause (1), distribution of the fee is as follows:
8.23(i) $12 shall be paid to the state treasury and credited to the general fund;
8.24(ii) $10 shall be deposited in the technology fund pursuant to section
8.25subdivision
8.26(iii) $24 shall be deposited in the county general fund; and
8.27(iv) $20 shall be deposited in the county general fund for each multiple entry used;
8.28(6) for issuing each residue CPT, $40;
8.29(7) for exchange CPTs or combined certificates of title, $20 for each CPT and
8.30certificate of title canceled and $20 for each new CPT or combined certificate of title issued;
8.31(8) for each CPT showing condition of the register, $50;
8.32(9) for any certified copy of any instrument or writing on file or recorded in the
8.33registrar of titles' office, $10;
8.34(10) for a noncertified copy of any CPT, other than the copies issued under clauses
8.35(2) and (3), any instrument or writing on file or recorded in the office of the registrar of
8.36titles, or any specified page or part of it, an amount as determined by the county board for
9.1each page or fraction of a page specified. If computer or microfilm printers are used to
9.2reproduce the instrument or writing, a like amount per image;
9.3(11) for a noncertified copy of any document submitted for recording, if the original
9.4document is accompanied by a copy or duplicate original, $2. Upon receipt of the copy
9.5or duplicate original and payment of the fee, a registrar of titles shall return it marked
9.6"copy" or "duplicate," showing the recording date and, if available, the document number
9.7assigned to the original;
9.8(12) for filing two copies of any plat in the office of the registrar, $56. Pursuant to
9.9clause (1), distribution of the fee is as follows:
9.10(i) $12 shall be paid to the state treasury and credited to the general fund;
9.11(ii) $10 shall be deposited in the technology fund pursuant to section
9.12subdivision
9.13(iii) $34 shall be deposited in the county general fund;
9.14(13) for any other service under sections
9.15shall determine;
9.16(14) for filing an amendment to a declaration in accordance with chapter 515, $46
9.17for each certificate upon which the document is registered and for multiple certificate
9.18entries, $20 thereafter; $56 for an amended floor plan filed in accordance with chapter
9.19515. Pursuant to clause (1), distribution of the fee is as follows:
9.20(i) $12 shall be paid to the state treasury and credited to the general fund;
9.21(ii) $10 shall be deposited in the technology fund pursuant to section
9.22subdivision
9.23(iii) $24 shall be deposited in the county general fund for amendment to a declaration;
9.24(iv) $20 shall be deposited in the county general fund for each multiple entry used; and
9.25(v) $34 shall be deposited in the county general fund for an amended floor plan;
9.26(15) for issuance of a
9.27(16) for filing an amendment to a common interest community declaration, including
9.28a supplemental declaration, and plat or amendment complying with section
9.29subsection (c)
9.30the document is registered and for multiple certificate entries, $20 thereafter; $56 for the
9.31filing of the condominium or common interest community plat or amendment. See section
9.32515B.1-116 for special requirement relating to a common interest community. Pursuant to
9.33clause (1), distribution of the fee is as follows:
9.34(i) $12 shall be paid to the state treasury and credited to the general fund;
9.35(ii) $10 shall be deposited in the technology fund pursuant to section
9.36subdivision
10.1(iii) $24 shall be deposited in the county general fund for the filing of an amendment
10.2complying with section
10.3(iv) $20 shall be deposited in the county general fund for each multiple entry used; and
10.4(v) $34 shall be deposited in the county general fund for the filing of a condominium
10.5or CIC plat or amendment;
10.6(17) for a copy of a condominium floor plan filed in accordance with chapter 515,
10.7or a copy of a common interest community plat complying with section
10.8subsection (c)
10.9community plat with a minimum fee of $10;
10.10(18) in counties in which the compensation of the examiner of titles is paid in the same
10.11manner as the compensation of other county employees, for each parcel of land contained
10.12in the application for a CPT, as the number of parcels is determined by the examiner, a fee
10.13which is reasonable and which reflects the actual cost to the county, established by the
10.14board of county commissioners of the county in which the land is located;
10.15(19) for filing a registered land survey in triplicate in accordance with section
10.17(i) $12 shall be paid to the state treasury and credited to the general fund;
10.18(ii) $10 shall be deposited in the technology fund pursuant to section
10.19subdivision
10.20(iii) $34 shall be deposited in the county general fund; and
10.21(20) for furnishing a certified copy of a registered land survey in accordance with
10.22section
