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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
- 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.
- 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.
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
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
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
November 8, 2012
France Place, Bloomington, MN
Download Minutes and Attachments
Meeting called to order by Darlene Missler. Introductions were made. The minutes of the Sept. 13 meeting were approved.
- Jim Biggs and Drew Imes, MN Dept of Revenue were introduced. They presented a DEMO on eCRV with the top 10 reasons to start eCRV. At this point 62 counties belong to eCRV. Links: 1-651-556-eCRV; firstname.lastname@example.org; http://www.revenue.state.mn.us/crv/pages/ecrv.aspx
- ERERC update: Group is working on bringing more counties into erecording. They have established a new website. The trusted submitters guide has been updated. They are working with the Secretary of State’s office to erecord Federal Tax Liens.
- MLTA-no report
- eRecording volumes: McLeod-14%; Dakota 19-55% abstract docs.; Washington is starting next week; Anoka 25-40%; Hennepin 20-55%.
- Legislation: MN Bar Assn is working on Limited Right of Entry for Contract for Deeds; Releases by Assignee M.S. #507.43; and some housekeeping bills. Hennepin and Ramsey counties will have the same fees for MRT/SDT as all other counties effective 1/1/2013. If overpayment is made the customer will have to ask for a refund.
- Washington County has implemented RecordEASE and it is going well. Starting 11/13/2012 their new business hours will be 8:00-4:30 Monday-Friday.
- Title Companies report they are extremely busy with refi’s and sales are picking up.
- 2013 Meetings: February 14, April 11, June 13, Sept. 12 and Nov. 14, 2013.
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.
Kathryn “Katie” M. Norby
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.
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.
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
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.
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 email@example.com
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.
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.
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.
DiAnn Streifel, Clay County Chief Deputy Recorder