MINNESOTA METRO PREP MINUTES
October 14, 2010
RamseyCountyPlatoBuilding
Attendance record attached.
The meeting was called to order by Jennifer Wagenius.
Introductions were made.
*Paul Hanson, Director of the Enforcement Unit of the Department of Commerce, began our meeting speaking on fraud and “robo-signers”. He wanted input as to where/what part of the closing could this be taking place. It was mentioned that there were 4 main foreclosure law firms in the State of Minnesota, and they would see more of these documents than the counties would. Another person from “affordable housing” was with Mr. Hanson and noted a case they are involved with that is challenging the assignment of mortgage. (that particular mortgage was no longer in the portfolio that was sold off). There are issues with MERS/Pooling agreements in that no one really knows who owns a particular mortgage. Another issue involves persons picking up the low bid on foreclosures and then misleading the homeowner. If you see suspicious actions, please notify Mr. Hanson. He may also send out emails with questions for county officials.
*The second guest speaker was Wayne Anderson, Ramsey County Torrens Examiner. He stated that their volume has exploded since 2000, mainly with foreclosure issues. Many are using the 5 week redemption period more. His office is asking for at least 2 days for documents his office must approve before recording and please send him the certificate number and any copies of supporting documentation. In RamseyCounty they are no longer requiring the examiners office to review a Power of Attorney upon transfer prior to recording. They will, however, want to review Power of Attorney with a trust. They note that their office sees a lot of errors on documents coming from out state companies. Mr. Anderson is also the chairperson of the Minnesota Association of Torrens Examiners. The examiners have a list service, so if anyone has issues they would like the examiners to review, please send to Mr. Anderson at .
UNFINISHED BUSINESS/ONGOING BUSINESS
*Legislation: The MN Bar will be meeting on Saturday. They have several issues to address which include: MS548.09(1) child support liens for 20 years; 507.403 to include partial releases; 580 to amend reverse mortgage redemption period to 12 months. MLTA reports much the same as the Bar Assn. MCRA will be monitoring issues, encouraging the use of “Summary Real Estate Judgments”, and watching MERS issues.
*ERERC-the Department of Revenue has agreed to let counties use their ECRV electronic tool as a work-around. Their final product MAY be done sometime next year. The sign-up form for submitters will be out on their website soon.
NEW BUSINESS
*AnokaCounty discovered an error is their system recently. A document was put in for recording, and it included a $5.00 over remittance fee.(Anoka policy is not to refund $5.00 or less in over remittance)The Document was rejected and returned with the recording fee. It was found later that their system did not refund the $5.00 over remittance. This will be fixed, but as always with any over remittance policy, all fees will be refunded upon request.
*AnokaCounty is accepting documents for recording after a foreclosure and prior to the proceedings subsequent. (torrens)
The next meeting will be held December 9, 2010 at AnokaCounty.
Respectfully submitted,
Kathryn Conlon
NicolletCounty Recorder