Know Your Rights: Foreclosure in Minnesota

If you own a home in Minnesota and are behind on your mortgage, you have legal rights. Your lender must follow specific steps before they can take your home. Here is what you need to know.

Your Rights

1. You must receive a 60-day warning before foreclosure starts. Your lender must send a pre-foreclosure notice at least 60 days before beginning foreclosure. This notice must include information about free housing counseling. See Minn. Stat. § 580.021 .

2. You have the right to reinstate your mortgage before the sale. At any time before the sheriff’s sale, you can stop the foreclosure by paying all past-due amounts plus limited costs. Attorney fees for reinstatement are capped. See Minn. Stat. § 580.30 .

3. You have time to buy back your home after the sale. After the sheriff’s sale, you enter a redemption period — typically 6 months for standard residential property. During this time, you can pay the full sale price plus interest to get your home back. See Minn. Stat. § 580.23 .

4. You can stay in your home during the entire process. You do not have to leave your home until the redemption period expires. No one can force you out before then.

5. Your lender must follow strict notice requirements. The notice of sale must be published in a legal newspaper for 6 consecutive weeks and served on you at least 4 weeks before the sale. Errors in notice can be grounds to challenge the foreclosure. See Minn. Stat. § 580.03 .

6. Your lender generally cannot dual-track. Under federal rules, your mortgage servicer generally cannot proceed with foreclosure while a complete loan modification application is pending.

7. Military service members have extra protections. Active-duty service members are protected by the Servicemembers Civil Relief Act (SCRA). Your lender must get a court order before foreclosing.

8. Free housing counseling is available. HUD-approved housing counselors can help you understand your options and negotiate with your lender at no cost.

What to Do

• Do not ignore notices from your lender. The earlier you act, the more options you have. Once the sheriff’s sale happens, saving your home becomes much more expensive.
• Contact a housing counselor immediately. Call the Minnesota Homeownership Center at 866-462-6466 for free foreclosure prevention counseling.
• Call your lender and ask about loss mitigation options. Loan modification, forbearance, and repayment plans may be available.
• Gather your financial documents. You will need pay stubs, tax returns, bank statements, and your monthly budget to apply for alternatives.
• Check the foreclosure notices for errors. Mistakes in publication, service, or the notice content may be grounds to challenge the process.
• Talk to a lawyer before your home is sold. Free legal help is available (see below).

Redemption Periods

Scenario	Time to Redeem	Statute
Standard residential	6 months after sheriff’s sale	Minn. Stat. § 580.23 subd. 1
Agricultural land (40+ acres)	12 months after sheriff’s sale	Minn. Stat. § 580.23 subd. 2
Reverse mortgage	12 months after sheriff’s sale	Minn. Stat. § 580.23 subd. 2(7)
Abandoned property	5 weeks after sheriff’s sale	Minn. Stat. § 582.032

Important Deadlines

Deadline	What It Means
60 days	Pre-foreclosure notice period — your lender cannot start foreclosure until this period ends
Before the sheriff’s sale	Last chance to reinstate (pay past-due amount + limited costs to stop foreclosure)
6 months after sale	Standard redemption period — pay full sale price + interest to buy back your home
12 months after sale	Extended redemption for agricultural land (40+ acres) and reverse mortgages

Get Help

• HUD-Approved Housing Counselors: Find a local counselor at hud.gov
• 211 (United Way): Dial 2-1-1 for emergency housing resources

For more detail: See our full guide on foreclosure defense:

Foreclosure Defense in Minnesota

A plain-language guide to defending against foreclosure in Minnesota. Learn the process, your rights, redemption periods, and how to keep your home.