1.1.................... moves to amend H.F. No. 83, the first engrossment, as follows:
1.2Page 2, line 7, before the period, insert ", unless the landlord falls under the
1.3exception in subdivision 2 of this section"
1.4Page 2, line 16, delete "servicer" and insert "party foreclosing on a mortgage"
1.5Page 2, line 18, delete "servicer" and insert "party foreclosing on a mortgage"
1.6Page 2, line 19, delete "servicer" and insert "party foreclosing on a mortgage"
1.7Page 2, line 20, delete "coordinate all of the" and insert "provide"
1.8Page 2, line 23, delete "servicer" and insert "party foreclosing on a mortgage"
1.9Page 2, line 24, delete "servicer" and insert "party foreclosing on a mortgage"
1.10Page 2, line 28, delete "servicer" and insert "borrower"
1.11Page 4, line 14, delete "United States Code, title 50, section 501" and insert "United
1.12States Code, Appendix 50, section 501"
1.13Page 5, line 4, delete "servicer" and insert "party foreclosing on a mortgage"
1.14Page 5, line 5, delete "a mortgage servicer" and insert "the party foreclosing on a
1.15mortgage"
1.16Page 5, line 17, delete "servicer or lender" and insert "party foreclosing on a
1.17mortgage"
1.18Page 6, line 12, delete "and" and insert "or"
1.19Page 7, line 25, before "servicer" insert "mortgage"
1.20Page 7, line 35, before "servicer" insert "mortgage"
1.21Page 8, line 6, before "servicer" insert "mortgage"
1.22Page 8, line 18, delete "servicer" and insert "party foreclosing on a mortgage" and
1.23delete "servicer" and insert "party foreclosing on a mortgage"
1.24Page 8, line 19, delete "servicer" and insert "party foreclosing on a mortgage"
1.25Page 8, line 22, delete "servicer" and insert "party foreclosing on a mortgage"
1.26Page 8, line 23, delete "servicer" and insert "party foreclosing on a mortgage"
1.27Page 8, line 30, delete "servicer" and insert "party foreclosing on a mortgage"
2.1Page 8, line 32, delete "servicer" and insert "parties foreclosing on a mortgage"
2.2Page 9, line 1, delete "servicer" and insert "party foreclosing on a mortgage"
2.3Page 9, line 15, delete "servicer" and insert "party foreclosing on a mortgage"
2.4Page 9, line 22, delete "servicer" and insert "party foreclosing on a mortgage"
2.5Page 9, line 32, after "creditors" insert "including: a promissory note, contracts
2.6for debt, statement of interest rates on the debts, delinquent payments, unpaid principal
2.7balance, a list of all collateral securing debts, a creditor's estimate of the value of the
2.8collateral, and debt restructuring programs available from the creditor"
2.9Page 9, line 33, delete "creditor" and insert "party foreclosing on a mortgage"
2.10Page 10, line 4, delete "as"
2.11Page 10, line 5, delete "defined in subdivision 1,"
2.12Page 10, line 7, delete "Creditor's" and insert "Party foreclosing on a mortgage" and
2.13delete "creditor" and insert "party foreclosing on a mortgage"
2.14Page 10, line 15, delete "creditor" and insert "party foreclosing on a mortgage"
2.15Page 10, line 16, delete "creditor's"
2.16Page 10, line 17, delete "creditor" and insert "party foreclosing on the mortgage"
2.17Page 10, line 19, delete "creditor's"
2.18Page 10, line 20, delete "creditor" and insert "party foreclosing on the mortgage"
2.19Page 10, line 21, delete "creditor's"
2.20Page 10, after line 22, insert:
2.21    "Subd. 9. Review of good faith finding. (a) Upon petition by a debtor or the
2.22party foreclosing on a mortgage, a court may review a mediator's affidavit of lack of
2.23good faith or a mediator's failure to file an affidavit of lack of good faith. The review is
2.24limited to whether the mediator committed an abuse of discretion in filing or failing to
2.25file an affidavit of lack of good faith. The petition must be reviewed by the court within
2.26ten days after the petition is filed.
2.27    (b) If the court finds that the mediator committed an abuse of discretion in filing, or
2.28failing to file, an affidavit of lack of good faith, the court may:
2.29    (1) reinstate mediation and the stay of mortgage foreclosure proceeding;
2.30    (2) order court supervised mediation; or
2.31    (3) allow the party foreclosing on a mortgage to proceed immediately with a
2.32mortgage foreclosure proceeding.
2.33    Subd. 10. Creditor not attending mediation meeting. (a) A party foreclosing on
2.34a mortgage that is notified of the initial mediation meeting is subject to and bound by a
2.35mediation agreement if the party foreclosing on a mortgage does not attend mediation
2.36meetings, unless the party foreclosing on a mortgage files a claim form. In lieu of
3.1attending a mediation meeting, a creditor may file a claim form with the mediator before
3.2the scheduled meeting. By filing a claim form the party foreclosing on a mortgage agrees
3.3to be bound by a mediation agreement reached at the mediation meeting unless an
3.4objection is filed within ten days. The mediator must notify the party foreclosing on a
3.5mortgage who have filed claim forms of the terms of any agreement.
3.6    (b) A party foreclosing on a mortgage who has filed a claim form may serve a
3.7written objection to the terms of the mediation agreement on the mediator and the debtor
3.8within ten days of receiving notice of the mediation agreement. If a party foreclosing on
3.9a mortgage files an objection to the terms of a mediation agreement, the mediator shall
3.10meet with the debtor and party foreclosing on a mortgage within ten days of receiving
3.11the objection. If an objection is served, the mediator shall schedule a mediation meeting
3.12during the ten-day period following receipt of the objection.
3.13    Subd. 11. Inconsistent laws. The provisions of this section have precedence over
3.14any inconsistent or conflicting laws and statutes including chapters 336, 580, and 581."