Subdivision 1. Requirement. A person may not begin a proceeding under this chapter or chapter 580 to foreclose a mortgage on agricultural property subject to sections 583.20 to 583.32 that has a secured debt of more than the amount provided in section 583.24, subdivision 5, unless: (1) a mediation notice is served on the mortgagor after a default has occurred in the mortgage and a copy is served on the director and the mortgagor and mortgagee have completed mediation under sections 583.20 to 583.32; or (2) as otherwise allowed under sections 583.20 to 583.32.
Subd. 2. Contents. A mediation notice must contain the following notice with the blanks properly filled in.
"TO: ....(Name of Record Owner)....
YOU HAVE DEFAULTED ON THE MORTGAGE OF THE AGRICULTURAL PROPERTY DESCRIBED AS ....(Size and Reasonable Location, Not Legal Description). THE AMOUNT OF THE OUTSTANDING DEBT ON THIS PROPERTY IS ....(Amount of Debt)....
AS HOLDER OF THE MORTGAGE, ....(Name of Holder of Mortgage).... INTENDS TO FORECLOSE ON THE PROPERTY DESCRIBED ABOVE.
YOU HAVE THE RIGHT TO HAVE THE MORTGAGE DEBT REVIEWED FOR MEDIATION. IF YOU REQUEST MEDIATION, A DEBT THAT IS IN DEFAULT WILL BE MEDIATED ONLY ONCE. IF YOU DO NOT REQUEST MEDIATION, THIS DEBT WILL NOT BE SUBJECT TO FUTURE MEDIATION IF THE SECURED PARTY ENFORCES THE DEBT.
IF YOU PARTICIPATE IN MEDIATION, THE DIRECTOR OF THE AGRICULTURAL EXTENSION SERVICE WILL PROVIDE AN ORIENTATION MEETING AND A FINANCIAL ANALYST TO HELP YOU PREPARE FINANCIAL INFORMATION. IF YOU DECIDE TO PARTICIPATE IN MEDIATION, IT WILL BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM FINANCE AND OPERATION RECORDS AND TO CONTACT A COUNTY EXTENSION OFFICE AS SOON AS POSSIBLE. MEDIATION WILL ATTEMPT TO ARRIVE AT AN AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS.
TO HAVE THE MORTGAGE DEBT REVIEWED FOR MEDIATION YOU MUST FILE A MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14 DAYS AFTER YOU RECEIVE THIS NOTICE. THE MEDIATION REQUEST FORM IS AVAILABLE AT ANY COUNTY RECORDER'S OR COUNTY EXTENSION OFFICE.
FROM: ....(Name and Address of Holder of Mortgage)...."
History: 1986 c 398 art 1 s 4,18; 1987 c 292 s 10,37,38; 1989 c 350 art 16 s 8; 1990 c 525 s 1; 1991 c 208 s 2; 1Sp1993 c 2 art 6 s 2; 1995 c 212 art 2 s 11; 1997 c 183 art 3 s 29; 1998 c 395 s 7; 1998 c 402 s 6; 1999 c 214 art 2 s 19; 2001 c 195 art 1 s 23; 1Sp2001 c 1 art 2 s 25; 1Sp2001 c 2 s 150; 2009 c 94 art 1 s 96 ; 2017 c 88 art 2 s 80
NOTE: See section 583.215 for expiration of this section.
Structure Minnesota Statutes
Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds
Chapter 582 — Mortgages; Foreclosure, General Provisions
Section 582.01 — Attorney's Fees.
Section 582.02 — Attorney's Fees, Collection.
Section 582.03 — Purchaser May Pay Taxes And Other Expenses Due.
Section 582.031 — Limited Right Of Entry; Duty To Enter And Protect Premises.
Section 582.032 — Five-week Redemption Period; Certain Abandoned Properties.
Section 582.039 — Mediation Notice For Agricultural Property.
Section 582.041 — Foreclosure Of Mortgage That Includes Homestead.
Section 582.042 — Foreclosure; Agricultural Land In Separate Tracts.
Section 582.043 — Loss Mitigation; Mortgage Foreclosure Dual Tracking.
Section 582.05 — Receiver Of Rents With Possession.
Section 582.06 — Default To Be Shown.
Section 582.07 — Receiver To Furnish Bond.
Section 582.08 — Possession, Entry After Filing Bond.
Section 582.09 — Receiver To File Account For Approval.
Section 582.10 — Certain Rights And Remedies Not Limited.
Section 582.11 — Powers And Duties Of Trustees In Certain Cases.
Section 582.12 — Court's Powers Over Trusts Not Limited.
Section 582.13 — State May Be Defendant In Certain Cases.
Section 582.14 — Limitation On Old Foreclosure Actions.
Section 582.15 — Termination Of Old Lis Pendens Notices.
Section 582.16 — Presumption Of Identity.
Section 582.17 — Old Actions Pending.
Section 582.18 — Construction.
Section 582.25 — Mortgages; Validating Foreclosure Sales.
Section 582.26 — Mortgage Foreclosure Sales By Action Legalized.
Section 582.27 — Application Of Curative Provisions.
Section 582.30 — Deficiency Judgments By Mortgage Holder.
Section 582.31 — One Action Allowed To Enforce Agricultural Mortgage.