Lake Area PREP Minutes
Date May 26, 2009
Held at: Pizza Ranch, 1522 Broadway, Alexandria MN 56308
Hosted by: Bunny Johnston, Dawn Crouse and Tina Peterson
Note Taker: Mary Skillings
Thank you to Jeff Montgomery from Viking Savings Association who spoke regarding
Mortgage Foreclosures and Short Sales.
Key points discussed during the presentation include:
- 1 of every 200 homes will be in foreclosure within the next 18 months.
- $50,000 is the average bank loss
- Two types of foreclosures: Foreclosure by Action & Foreclosure by Advertisement
- Foreclosure by Action is used when banks are seeking a deficiency judgment against the
homeowner.
- Foreclosure by Advertisement is the most common. Handouts were given to further
explain the foreclosure process.
- A typical redemption period after the Sheriff’s Sale is six months. It can be shortened to a fiveweek
redemption period if the property is vacant and a Court order is obtained.
- Short sales are well publicized, but not prevalent. Local lenders aren’t too open to the option.
Thank you again to Jeff Montgomery for joining us and providing so much great information.
Other Items:
RESPA Regulations
- Not mandatory until 2010.
- Most are still working on understanding the new regulations, revisions are still being made.
- Matter is tabled until the fall meeting.
Legislature Update
No changes to recording fees. The matter of raising the filing fee for the Notice of Lis Pendens
was vetoed by the Governor.
Affidavit of Survivorship for Transfer on Death Deeds.
Forms are now online. They are a little different from the traditional Affidavit of Survivorship
forms.
Death Certificate must be attached for the Grantor, as well as a Death Certificate for any Grantee
that has passed away.
Clearance Certificates should also be obtained from Health and Human Services. The Affidavit
of Survivorship and Clearance Certificate can be one document/fee if recorded at the same time.
Other Recorder Updates
Wilkin County uses Information Systems out of Fargo, West Central Index for Grantor/Grantee. They use e-recording for satisfactions and assignments only. They currently do not have anything online, and are working on a GIS project.
Grant County uses Fidler/Laredo. They are not currently online, and are not
doing e-recordings.
Douglas County uses TriMinn - LandShark on the web. Images online in LandShark begin in 1991 (unverified). Documents are currently verified back to February of 2004. They have 20 LandShark customers to date. They are not doing e-recording. All records in the office (tract books, etc) are currently being imaged.
Morrison County uses Information Systems for scanning. They are online with LandShark. Tract books are online and they are live with Landlink and accept e-recordings. Computer images are back to 1992.
Pope County uses Fidler/Laredo. They are indexed back to 1987. They have imported all deeds, all other documents are in process. They have begun GIS programming. It will be approximately two years before it is on the web. They are accepting e-recordings for satisfactions, assignments and mortgages.
Next Meeting / Co Chairs It was agreed to have the next meeting will be scheduled for sometime this fall.
The Co-Chairs for the fall meeting will be Jody Schimek from Alexandria Title and Tina Peterson from Minnewaska Abstract.
Metro PREP Minutes
October 8, 2009
France Place, Bloomington
In Attendance:
Edie Teich Anoka County
Timi Bailey Anoka County
Michelle Ashe Sherburne County
Sara Medina First American
Patti Parrish First American
Mary Beth Kroyer First American
Amy Roble First American
Kathy Aro MLTA
Barbara Gilmore Old Republic Title
Emily Rekstad Edina Realty Title
Doug Berg Fidelity National Title Group
Sandra Casillas Land Title, Inc.
Lenore Mattson Land Title, Inc.
Sherrie Simpson Hennepin County
Richard Hicks Ramsey County
Paul Scheller Ramsey County
Jay Delveaux PCU Title
Nicki Lofgren Preferred Title of MN
Shari Pederson Preferred Title of MN
Barb Carey-Skisrud AgStar Financial Services
Jinnelle Weis Burnet Title
Rick Little Anoka, Ramsey, Dakota, CPT
Jennifer Wagenius Washington County
Jean Link At Home Title
Richard Welshons DCA Title
J Fritz America Title Service
Michael Cunniff Hennepin County
Vivian White West Title
Michele Selbitschka West Title
Kelly Aitkin Orbit
Kathy Conlon Nicollet County
The meeting was called to order by Jennifer Wagenius.
Introductions were made.
UNFINISHED/ONGOING BUSINESS
Legislative reports: MCRA will report in November; MLTA has no agenda, are working with the bar assn.; Rick Little reported that Medical Assistance Liens will be proposed to expand their look back period among other things-there is a laundry list of objectives. Proposed cartway amendment-cities can create cartway easement. TODD technical amendments will be delayed until 2011. Certificate of Release may be expanded to include partial releases. There will be discussion on Deutche Bank as trustee on mortgage foreclosures and what to do with them. How to document the reversal of a “USE” deed.
ERERC has approved Model 2 which includes about 63 different document types to cover 75% of all recordings. The commission needs to come up with income resources. They are working on the ECREV project and how to move this along. Dakota County will pilot in November. The Title Companies are talking about preparing web based training for preparing ECREVs. Jason Parker has met with the MN Assessors group and they seem comfortable with it.
The Uniform Commercial Blanks committee will be adding areas on documents for the E-well certificate# and the ECREV#.
64 out of 87 counties have replied with their answers to the “County Questionnaire” to be posted on the MLTA and MACO websites.
Current rejection rates were discussed again. The Real Estate Institute is doing a session on them in November. There will be web-based training in January on how to avoid a rejected document.
As of Sept. 30, 2009 21 E-well certificates have been processed in 16 counties.
County members discussed where to find the “Disabled Vets Market Value Credit” on their web-sites. Ken Rowe, Hennepin County, offered to answer any questions you may have 612-596-9124.
Affidavits of Mortgage Foreclosure Postponement were discussed. New forms are available on many websites. Counties are not policing the 15 day period.
Hennepin County has their records available thru the internet. Contracts need to be signed. They hope to roll this out to the public by the end of October.
The next meeting will be held December 10, 2009 at the Ridgedale Library in Minnetonka.
The meting was adjourned.
Respectfully submitted,
Kathryn Conlon
Nicollet County Recorder
Northeast Minnesota PREP Chapter
Meeting Minutes ~ May 23, 2008
The meeting was called to order by Co-Chair Katie Norby.
Carlton County Zoning Administrator Bruce Benson was the first speaker and spoke about the subdivision requirements which were last updated in 2005.
Thereafter, Carlton County Recorder Kris Basilici gave a power point presentation of the requirements for Registered Land Surveys in Carlton County.
Next came a short video on Reverse Mortgages and Katie passed around a copy of the two types of mortgages that may be recorded.
The Carlton County Assessor Marci Moreland then talked to the group about the new legislative changes that will be implemented in regard to real estate taxes. She also talked about the Disabled Veteran’s Bill, changes to the relative homestead requirements on seasonal/recreational property, the Green Acres program and the sunset of Limited Market Values.
Cathy Racek, the St. Louis County Chief Deputy Recorder then talked about the new legislative changes that will affect the Recorders Offices including the increase in the fee to file a Well Disclosure Certificate.
A number of handouts were then provided to the group in regard to the following:
Well Disclosure increase.
Contact phone numbers for anyone experience problems with mortgage foreclosure.
Two notices from the MN Department of Revenue: one on how to figure deed tax on deeds in lieu of foreclosure based upon the amount of the debt forgiven and the other on how to figure MRT on mortgage amendments and supplements.
Explanation about apostilles – one from the MN Secretary of State and one from the National Notary Association magazine June 2008 issue.
Notice from the MN Department of Health that a well disclosure certificate is required on foreclosure properties even if the seller is a bank or lender.
An article on electronic recording entitled “Race to the (Virtual) Courthouse”
Cathy Racek had a couple of announcements from St. Louis County: first that they now have images available on line and the other announcement was on Torrens Proceedings Subsquent.
Kris B. informed the group that they are in the process of converting all their microfilm to digital image.
The next meeting will be scheduled for some time in the beginning of October 2008. Items that could be discussed might be mortgage fraud and/or “everything you wanted to know about recording” which session hasn’t been done in the Duluth area for over ten years.
The meeting was adjourned at approximately 11:50 a.m.
Respectfully submitted
Kathryn “Katie” M. Norby
Co-Chair
South Central PREP Minutes
March 24, 2009
AgStar Financial Services, Mankato
Marsha DeGroot Rice County
Betti Kamolz Brown County
Dave Sexe LeSueur County
Kathy Dietz Sibley County
Nancy Huff Faribault County
Kay Wrucke Martin County
Patty O’Connor Blue Earth County
Kathy Conlon Nicollet County
Joy Sing Watonwan County
LynnEtte Schrupp McLeod County
Doug Christian LeSueur County Examiner of Titles
Kris Swanson Kakeldey & Associates
Denise Pfaffinger Abstract & Title
Denise Grant First Financial Bank of Winnebago
Jodie Hermer AgStar Financial Services
Jan Zender Sunde, Olson, Kircher & Zender
David P. Lamm Lamm Nelson & Cich
Deb Karlson TRN of Southern Minnesota
Jan OMarroh Gislason & Hunter, New Ulm
LeAnne Stolt Leonard Street & Deinard
Abby Olson Rice County Abstract
Marne Kenitz Rice County Abstract
Dallas Schultze AsStar Financial Services
Cari Pfarr AgStar Financial Services
Margaret Koberoski Kakeldey & Associates
Linda Karst Waseca County
The meeting was called to order by Linda Karst
Introductions were made around the table.
OLD BUSINESS:
None
NEW BUSINESS:
Barb Gilmore from Minnesota Land Title Association (MLTA) spoke about her history with MLTA and about Title Insurance Underwriters. She described the changes and the problems they are facing and some of the things she would like to see changed. It was enlightening to hear how these difficult times are affecting other parts of the industry.
Barb mentioned a few of the many purposed legislative changes, and also the MLTA seminar on April 16th in St. Cloud.
Kathy Conlon, Nicollet County Recorder, shared an example of a Sheriff’s Certificate being presented for recording with changes to the purchaser and price. There were mixed feelings on this.
Nancy Huff, Faribault County Recorder, gave a report on the notary legislation that she believes will pass. There are national groups that are trying to get national language passed.
The consensus was foreclosure numbers are still up.
Kay Wrucke, Martin County Recorder, mentioned from the Recorder’s stand point, document standards are still lacking. Even though Recorder’s Offices can not charge extra there are still standards necessary for imaging and preservation.
Next meeting in July.
Meeting adjourned.
Southeast Minnesota PREP Chapter
Meeting Minutes ~ February 12, 2009
Meeting called to order at 10:10 by Dan Ziebell
Hosted by Pam Hameister ~ Olmsted County
November Minutes approved
Attendees:
Dan Ziebell – Ziebell Law |
Susan Schwebach – Houston County |
Susan Phillips – Fillmore County |
Kelly Callahan – Freeborn County |
Sue Alberts – Dodge County |
Sherry Kruckeberg – Steele County |
Pam Hameister – Olmsted County |
Susan Kramer – Burnet Title |
Bob Bambenek – Winona County |
Karla Wangen – Fillmore County |
Paul Finseth – Dunlap & Seeger Law |
Deanne Wagner – Adams Rizzi Sween |
Carissa Frericks – Rochester Title |
Beth Cage – Title Services |
Jackie Beltz – Rochester Title |
Joan Boesen – Olmsted County Vital Records |
Heidi Heymann – Rochester Title |
Kathy Chamberlain – Home Federal |
Lori Wilhelmi – Olmsted County Recorder’s Office |
Kay Evans – Dunlap & Seeger Law |
Sara Krage – Tri-County Electric |
Nancy Poelvoorde – Dunlap & Seeger Law |
Chad Chaffee – Tri-County Electric |
Jill VanHooser – Mower Community Bank |
Lynn Fisch – Rippe, Hammell & Murphy |
Sue Vermilya – Ryan & Grinde Law |
Julie Noble – Hoversten Law |
Amanda Fjerstad – Partners Title |
Veronica Theobald – Ohly Law |
Monica Lurken – Wells Fargo |
Tim Hansen – Tim Hansen Law |
Joan Peterson – Wells Fargo – Owatonna |
Georgine Marquardt – Tim Hansen Law |
Sandy Solberg – Town & Country Abstract |
Melanie Fischer – AgStar |
Jennifer Gumbel – Springer & Gumbel |
Angie Bredehoft – AgStar |
Scott Springer – Springer & Gumbel |
Heidi Jones – Fillmore County |
Roger Brand – Dodge County Surveyor |
Paul Finseth, Attorney ~ Dunlap & Seeger Law Office / Title Services ~ MN State Bar Association Legislative Committee:
Paul updated those in attendance with information on the upcoming bar association legislative agenda. There are a couple bills regarding mortgage foreclosures and one regarding possible recording fee increase to fund a program to assist homeowners facing foreclosure. He did not feel the bill for the increase would have much support.
The Clearance Certificate that would accompany the Affidavit of Survivorship (in regards to the TODD) must be recorded with the Affidavit as one document for $46.00. The Clearance Certificate must contain the legal description per the statute. The clearance certificate can be presented without the Affidavit of Survivorship and would be subject to the additional $46.00 recording fee. The legislative committee is looking at uniform documents to be used.
Torrens Boot Camp ~ Pam Hameister / Olmsted County Recorders Office:
The Minnesota Recorders Association has a committee to assist the county recorders with Torrens property. At their recent conference they had a session on Torrens and Pam stated some good basic information was shared that she felt should be passed on to our Prep group. See the links below for information on this.
And, as always, if you have a question regarding Torrens property, don’t hesitate to call the specific county with your question.
Notary Information ~ Joan Boesen / Olmsted County Vital Records:
Joan serves on a special study group with the state regarding notary republics. It is the Notary’s obligation to verify that dates match and has viewed photo identification when notarizing a document. The Secretary of State Website has information regarding the duties of a Notary Public. When someone applies to become a notary with the state, a brochure is mailed to them regarding the responsibilities of a notary. Notary verification is also on the Secretary of State website to check the status of a notary. There is legislation to increase the notary fee to $5.00 if the bill passes. In Olmsted County, the Vital Records office will notarize certain documents for the public. They will not notarize any real estate documents. See attached list to the email with these minutes.
County Recorder Updates:
Winona ~ LandShark is closer to be up and running. Recorders office has a 24 hour turn around time on tract searches and E&O’s. Land sales have been stable. County is looking at legislation for a 4 day work week. Bob noted that “internet” lenders were 45% of their foreclosures.
Freeborn ~ They are having issues with getting LandShark up and running. Hoping to have those resolved by this fall. Kelly updated the group on the reports of footsteps being heard after hours in the courthouse and possible ghost in the clock tower!
Dodge ~ Their large tract index books are imaged and waiting for microfilm to be converted by 2010.
Houston ~ Also issues with LandShark and hope to have up and running this year. Noted that numerous documents being rejected due to errors. (no notary stamp, incorrect county or state where notarized, signatures missing)
Olmsted ~ A credit card system has been made available for those occasional users of LandShark. Contact Wend VonWald for more information. Recently they installed Landlink (a web based system) on staff PC’s for testing. Eventually the transition will include the public viewing area PC’s. They are working to remove systems off the AS/400.
If you have documents required to be walked, the specific walk through form is no longer needed. Note “walk” on your recording slip. There was discussion on how probate documents were now being tracked to land. See letter attached to the email with these minutes.
Fillmore ~ Waiting for images so they can go online.
Next meeting:
The next SE MN Prep Meeting will be hosted by Ziebell Law Office and Dodge County on May 20th at 10:00 a.m. Meeting location to be determined.
Email topic suggestions to susan.kramer@burnettitle.com
Meeting adjourned.
Susan Kramer
Secretary / SE MN Prep Chapter
Red River Valley PREP Minutes
April 9, 2008
The meeting was called to order by co-chair, Sue Cosgriff, Pres. RRTS/CCAC. Introductions were made by everyone present.
Old Business
A motion was made by Bonnie Rehder to approve the minutes of the 12/5/07 meeting, seconded by Peggy Palmes and approved by everyone in attendance. Kari Aanenson made a motion to approve all of the earlier minutes, seconded by Christi Miller and approved by everyone in attendance.
Just a reminder that our only way to tell people about RRV PREP meetings is by e-mail. At the present time the RRV PREP E-mail address is RRVPREP@co.clay.mn.us. If you know of anyone not receiving our E-mails, please let us know or have them contact us. Our meetings for 2008 have been set and the dates are February 13 (was cancelled), April 9, October 8, and December 10, at the Moorhead City Hall Chambers. The 2008 meeting time was been changed to 1:00-3:00 p.m.
Just a reminder that as of November 16, 2007, the Minnesota Judicial Branch has access to case records on-line for the public. Judgment searches are included. If you agree to accept their terms you hit the “I agree” button at the bottom of this page: http://www.mncourts.gov/default.aspx?page=1927
Then pick the county and what type of record you want to search, enter the name and next you’ll see the results of your search. A wildcard (*) can be used to help with various spellings or various versions of names.
New Business
The topic was eRecording – Past, Present and Future.
Jinnelle Weis from Burnet Title was the presenter. She has been very active in the committees regarding e-recording.
Some of the history regarding the MN e-recording process is that there was a Task Force first authorized in 2001 to establish and enforce standards for recording electronic real estate documents uniformly. The purpose was also to decrease rejects and streamline the recording process. The problem was that this committee was only for three years. E-recording barely got started and then came to a halt. A second Task force was established in June of 2005. There was very minimal funding for the second task force but the industry knew there was a need so some of the study money regarding e-Recording was privately donated.
There are three levels but the only levels of interest are Model 2 and Model 3.
Model 2 is like the paper world; the document is signed and notarized. A e-document is scanned and submitted electronically along with limited document information data entered by the submitter. The scanned image and the document information is wrapped together in a secure package. After acceptance and recording the submitter receives the recorded document back electronically. An e-document can be submitted and recorded within minutes or hours depending on the recorder schedule to e-record and the time of day the e-document is submitted.
Model 3 is completely automated and paperless. The ultimate goal is to e-record a whole set: Satisfaction, Deed, CRV, Well Certificate, Mortgage, and Assignment. The CRV and the well certificate should be available by second quarter 2008. The CRV and the Well Certificate will be filed on-line. The on-line process will generate a file number which is entered onto a paper document or entered into the e-recording process.
At the present time there are about 28 pilot counties e-recording in Minnesota. Before you can e-record with a county you need to sign a Trusted Submitter Statement that you can get from the Secretary of State- www.sos.stat.mn.us. You would need to work out payment plan with the county to manage the recording fee, mortgage registration tax (MRT) and State deed tax (SDT). Clay County has set up escrow accounts with their trusted submitters. The submitter software is free or very economical but there is a per document fee. This fee might vary depending on the doc type due to the various complications with some doc types.
There are 233 counties in 25 states doing e-recording and that number is continually changing. In Minnesota there were 14,619 documents e-recorded between 2003 and 2006. In 2007 until now there have been 7,542 documents e-recorded.
People have to be made aware of the e-recording process for it to continue to grow. There needs to be both private and public involvement for its success.
Other new business:
MN will have a web site in the near future to help locate the county where the marriage certificate was filed. MN Association of County Officers (MACO), e-Counties Committee developed the program called MN Official Marriage System (MOMS). If you were searching for a marriage certificate you knew took place in MN but you didn’t know which county you would need to contact each individual county until you found it. Once MOMS is live later this year you will be able to search on-line at no charge so you can then contact the correct county.
There was discussion about Webfusion being a product many MN and ND counties in the Red River Valley area use to provide on-line mapping. Lakes PREP in DL is planning to have a Webfusion training session at their next meeting. This might be something we want offer at a future RRV PREP meeting.
MN – Well certificate fee will increase 7/1/08 to $45.
Next meeting is October 8, 2008, Moorhead City Hall Chamber - 1:00 P.M.
Respectfully submitted,
DiAnn Streifel, Clay County Chief Deputy Recorder |
