2025 Session Last amended: 2010 session

§ 580.03 — Notice of Sale; Service on Occupant

Plain-Language Summary

When a lender forecloses on a property in Minnesota, the lender must publish a notice of the sale for six weeks. The lender must also personally serve a copy of the notice on whoever is living in the property at least four weeks before the sale date.

580.03 NOTICE OF SALE; SERVICE ON OCCUPANT.

Six weeks’ published notice shall be given that such mortgage will be foreclosed by sale of the mortgaged premises or some part thereof, and at least four weeks before the appointed time of sale a copy of such notice shall be served in like manner as a summons in a civil action in the district court upon the person in possession of the mortgaged premises, if the same are actually occupied. If there be a building on such premises used by a church or religious corporation, for its usual meetings, service upon any officer or trustee of such corporation shall be a sufficient service upon it. The notices required by sections 580.041 and 580.042 must be served simultaneously with the notice of foreclosure required by this section.

History:

(9604) RL s 4459; 2004 c 263 s 22,26; 2007 c 106 s 22; 2008 c 341 art 5 s 9,23; 2010 c 375 s 9

History: History: (9604) RL s 4459; 2004 c 263 s 22,26; 2007 c 106 s 22; 2008 c 341 art 5 s 9,23; 2010 c 375 s 9

Practical Notes

When this applies: During the foreclosure-by-advertisement process, after the lender decides to foreclose and before the sale takes place. Who this affects: Homeowners or tenants living in the foreclosed property, mortgage lenders, and their attorneys. Key points: The foreclosure notice must be published for 6 weeks; a copy must be served on the occupant at least 4 weeks before the sale, using the same method as serving a lawsuit; additional notices required by sections 580.041 and 580.042 must be served at the same time as the foreclosure notice.

Source: Minnesota Office of the Revisor of Statutes