Privatization of Property Records
Minnesota law allows for a Safe at Home participant to purchase a home after their Safe at Home enrollment and have all records regarding that property purchase and ownership privatized.
The Safe at Home participant is responsible for obtaining the appropriate forms from the Safe at Home office prior to the home purchase. The participant must provide proper notice to all parties involved in the home purchase before the home purchase is complete. It is highly recommended that a Safe at Home participant provide proper notice to all parties involved as soon as possible in the process. The law does not accommodate retroactive privatization. This means that once a home has been purchased record privatization under Safe at Home laws is not an option.
A Safe at Home participant who is considering purchasing a home should call the Safe at Home office at 651-201-1399 to discuss the proper steps and to obtain the necessary forms. It is recommended that a participant have a discussion with the Safe at Home office before they make an offer on a home.
If you are a private party -or person- assisting a Safe at Home participant in the purchase of a home or property, DO NOT provide the participant with instruction on the purchase process. Instead, immediately refer them to the Safe at Home office.
A Safe at Home participant will give private companies a special notice they obtained from the Safe at Home office. The receipt of the notice prohibits private companies from sharing the participant’s name and location information with anyone without the participant’s written consent for a specific sharing purpose. Minn. Stat. § 5B.05(d).
A violation of any of the provisions of the notice constitutes a misdemeanor punishable by imprisonment with a maximum time of 90 days, a fine up to $1,000, or both. Minn. Stat. § 609.02, subd. 2.
Before the home purchase is complete, the Safe at Home participant will submit a Real Property Notice, obtained from the Safe at Home office, to the government entity responsible for maintaining the property records. Receipt of the notice requires the privatization of the property record and prohibits the sharing of their data without their written consent for a specific purpose. All real property records related to the property and the individual in the notice are subject to the requirements of Minnesota Statutes, section 13.045. A violation constitutes a violation of the Minnesota Government Data Practices Act.
Before the closing, the Safe at Home participant should have already given the government entity responsible for managing property records the original Real Property Notice. A copy of the Real Property Notice should accompany the closing documents.