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MN HF2828

Bill

Status

Passed

4/6/2010

Primary Sponsor

Gail Jackson

Click for details

Origin

House of Representatives

86th Legislature 2009-2010

AI Summary

  • Amends Minnesota Statutes section 287.03 to require that any instrument relating to real estate intended to secure debt must express both the fact that it is intended to secure debt and the initial known amount of the debt.

  • Limits enforcement of debt security instruments to the initial known amount expressed in the instrument, with exceptions allowed under section 287.05.

  • Distinguishes between instruments securing an entire debt amount versus only a portion of the debt, each subject to their respective expressed amounts.

  • Effective July 1, 2010, and applies to instruments executed or recorded before, on, or after that date.

  • Does not affect legal actions commenced before the effective date if a notice of lis pendens was recorded with the county recorder or registrar of titles before July 1, 2010.

Legislative Description

Instrument requirements to secure debt clarified.

Last Action

Secretary of State, Filed April 1, 2010

4/6/2010

Committee Referrals

Rules and Legislative Administration3/25/2010

Full Bill Text

No bill text available