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MLTA 2010 Legislative Update
Bills That Passed Conforming change made to provide for the right of the borrower to obtain a postponement of a foreclosure sale that has a 12-month redemption period, as is now available for a six-month redemption period. HF2708 (Mullery) SF2559 (Kelash) – Passed – Chapter 237 Property tax payment by electronic means HF3440 (Dittrich) SF3111 (Scheid) Passed - Moved to part of Omnibus Tax Bill - Chapter 389 - Art. 1, Sec. 19 Prohibition against Private Transfer fees – SF3361 (Scheid) HF 3786 (Jackson) Passed – Chapter 371Significanat also because it delays implementation of the extension to 20 years for child support liens. See Chapter 238, Sec 4 amending 541.04 Mortgage foreclosure procurement prohibition; acquisition of the legal right to redeem a residence in foreclosure regulation; mortgagee notice after a sheriff's sale of residential real property in foreclosure requirement HF2699 (Hillstrom) SF 2430 (Scheid) See also SF2549 Passed Chapter 375 Common Interest Community changes SF 2232 (Scheid) HF 2823 (Jackson) – Passed – Chapter 233 (Click here for an overview of the 2010 Amendment to Minnesota's Common Interest Ownership Act prepared by David B. Eide, Felhaber, Larson, Fenlon & Vogt, P.A.) Response to Business Bank case. HF 2828 (Jackson) SF2231 (Scheid) Passed – Chapter 211 Relating to judgments; enacting the Uniform Foreign-Country Money Judgments Recognition Act HF 776 (Lesch) SF 612 (Latz) Passed Chapter 263 MCIOA Bill Passed Chapter 267 Landlord Tenant Law changes. Among other things, allows bona fide tenants to remain in property after foreclosure. Passed Chapter 315 Notary changes. Fees, terms, forms. Use "stamp" instead of "seal" – see bill Passed Chapter 380
Bills that Did Not Pass Stay of mortgage foreclosure proceedings allowed under certain conditions, and tenants provided rights of foreclosed property. HF2604 (Hayden) SF2242 (Dibble) - Did Not Pass Process streamlined for connecting an owner facing a residential mortgage foreclosure with an authorized foreclosure prevention agency and with a person authorized to negotiate on behalf of the foreclosing lender. HF2615 (Mullery) SF25 (Scheid) – Did Not Pass Discharge provided of a portion of an easement acquired by condemnation. HF3298 (Koenen) SF2602 (Kubly) Did Not Pass Domestic partners probate and intestate rights establishment HF 3134 (Hornstein) SF 2765 (Scheid) Did Not Pass Eminent domain; modifying definition of public use; SF1659 (Higgins, Scheid) HF1537 (Mullery) Did Not Pass –(Passed in Senate – Did not quite reach vote in the House) Homestead Lender Pre-foreclosure Mediation – HF 2613 (Hillstrom) SF2170 (Scheid) bill from last session / – still has $125 fee increase for filing Notice of Pendency – Passed 52-9 in Senate. Did not get vote in House. Did Not Pass Healthy Families Healthy Workplace Act creates minimum sick leave standards. HF612 (Lesch and many others) SF461 (Anderson) – Did Not Pass Interest on Escrow Accounts - Not being pursued this year, but likely to be a serious effort to pass next year. HF2247 (Hilstrom) SF2041 (Foley) Did Not Pass Establishing a statute of limitations for actions to enforce notes secured by junior liens on foreclosed residential property SF3391 (Scheid) No House companion. Did Not Pass
Download Copies of the 2010 and earlier Legislative Updates 2010 Legislative Update
2009 Legislative Update
2008 Legislative Update
About the MLTA Legislative Committee The work of the Legislative Committee is essential to the preservation of the title industry’s interests and importance in the real estate transaction. The MLTA Legislative Committee and lobbyist are our industry “watch dogs” in St. Paul and are fighting the legislation that threatens our interests and promoting the legislation that serves to benefit our interests. The last year was exceptionally busy for the MLTA. During the last year, the MLTA worked on the bills outlined above. In addition: - The Legislative Committee and Board of Directors worked to develop an open dialog with the Department of Commerce. In fact, the MLTA provided a “Title 101” training program to Commerce Department employees. - It partnered with the DOC, FBI, Minnesota Association of Realtors, and Minnesota Mortgage Association to host a 2-part "special industry issues" program covering fraud, RESPA Reform, and the current and future economy. Featured speakers included Laura Gipe from HUD, Paul Hanson, Chief Investigator with the DOC, and Governor Tim Pawlenty. Nearly 1,000 people attended each part. - It approved the submission of several Amicus Briefs to support our interests in several court decisions on appeal. - And more.
2011 is shaping up to be a particularly challenging legislative session as government looks at every avenue for increasing revenue. We have been advised of potential legislation increasing taxes/fees involved in the real estate transaction, the introduction of Model Title Insurer/Agent Acts and Interest on Escrow Account revisions mandating the collection and payment to the State of all interest on escrow accounts. To be successful in preserving the industry, the MLTA needs the support of both agents and underwriters through membership and volunteerism. If you would like to participate on the MLTA Legislative Committee, please contact the current committee chair Marty Henschel at (952) 928-5475 or MartyHenschel@edinarealty.com. If you are not currently a MLTA member, simply complete the online Active Membership application: http://mlta.org/member_app_form.cfm.
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