1.1    .................... moves to amend H.F. No. 3474 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2006, section 582.032, subdivision 7, is amended to
1.4read:
1.5    Subd. 7. Hearing; evidence; order. At the hearing on the summons and complaint
1.6or order to show cause, the court shall enter an order reducing the mortgagor's redemption
1.7period as provided in subdivision 2 or 3, as applicable, if evidence is presented supporting
1.8the allegations in the complaint or motion and no appearance is made to oppose the relief
1.9sought. An affidavit by the sheriff or a deputy sheriff of the county in which the mortgaged
1.10premises are located, or of a building inspector, zoning administrator, housing official, or
1.11other municipal or county official having jurisdiction over the mortgaged premises, stating
1.12that the mortgaged premises are not actually occupied and further setting forth any of the
1.13following supporting facts, is prima facie evidence of abandonment:
1.14    (1) windows or entrances to the premises are boarded up or closed off, or multiple
1.15window panes are broken and unrepaired;
1.16    (2) doors to the premises are smashed through, broken off, unhinged, or continuously
1.17unlocked;
1.18    (3) gas, electric, or water service to the premises has been terminated;
1.19    (4) rubbish, trash, or debris has accumulated on the mortgaged premises;
1.20    (5) the police or sheriff's office has received at least two reports of trespassers on the
1.21premises, or of vandalism or other illegal acts being committed on the premises; or
1.22    (6) the premises are deteriorating and are either below or are in imminent danger of
1.23falling below minimum community standards for public safety and sanitation.
1.24    An affidavit of the party foreclosing the mortgage or holding the sheriff's certificate,
1.25or one of their agents or contractors, stating any of the above supporting facts, and that
1.26the affiant has changed locks on the mortgaged premises under section 582.031 and that
1.27for a period of ten days no party having a legal possessory right has requested entrance
2.1to the premises, is also prima facie evidence of abandonment. Either affidavit described
2.2above, or an affidavit from any other person having knowledge, may state facts supporting
2.3any other allegations in the complaint or motion and is prima facie evidence of the
2.4same. Written statements of the mortgagor, the mortgagor's personal representatives or
2.5assigns, including documents of conveyance, which indicate a clear intent to abandon
2.6the premises, are conclusive evidence of abandonment. In the absence of affidavits or
2.7written statements, or if rebuttal evidence is offered by the defendant or a party lawfully
2.8claiming through the defendant, the court may consider any competent evidence, including
2.9oral testimony, concerning any allegation in the complaint or motion. A defendant's
2.10failure to appear at the hearing after service of process in compliance with subdivision
2.116 is conclusive evidence of abandonment by the defendant. An order entered under this
2.12section must contain a legal description of the mortgaged premises. "
2.13Amend the title accordingly