Chapter 580 — Mortgage Foreclosure by Advertisement
Minnesota Statutes Chapter 580 — Mortgage Foreclosure by Advertisement
15.001
Application of Laws 2005, Chapter 56, Terminology Changes
This section says that state agencies should use updated terminology from a 2005 law when they replace old printed …
580.001
This section is a cross-reference placeholder that points to section 15.001, which deals with terminology changes from a …
580.01
Limitation
This law authorizes foreclosure by advertisement (without going to court) in Minnesota. Any mortgage that contains a …
580.02
Requisites for Foreclosure
This law lists the requirements that must be met before a lender can foreclose on a home or property in Minnesota …
580.021
Foreclosure Prevention Counseling
This section requires lenders to offer free foreclosure prevention counseling before starting a foreclosure on a home …
580.022
Forms
This section provides the exact forms that must be used in foreclosure prevention counseling. One form notifies the …
580.025
Foreclosure Data
This section requires certain information to be included in foreclosure documents for homes with one to four units. The …
580.03
Notice of Sale; Service on Occupant
When a lender forecloses on a property in Minnesota, the lender must publish a notice of the sale for six weeks. The …
580.031
This section has been repealed. It previously contained foreclosure-related provisions that were removed through a …
580.032
Request for Notice; Mailed Notice
Anyone with a right to redeem property after a foreclosure (such as a second mortgage holder) can record a request for …
580.033
Where Notice Published
This section says where the foreclosure notice of sale must be published. It must appear in a qualified newspaper in the …
580.04
Requisites of Notice
This law spells out exactly what information must be included in a foreclosure notice in Minnesota. The notice must list …
580.041
Foreclosure Advice and Redemption Rights Notice to Owners
When a home with one to four units is being foreclosed, the lender must send the homeowner two special notices: a 'Help …
580.042
Foreclosure Advice Notice to Tenant
When a rental property with one to four units is being foreclosed, the lender must send tenants a special notice …
580.045
Record Owner With No Financial Interest
This section requires that the foreclosure notice include the name of any mortgagor who has been released from the …
580.05
Attorney to Foreclose; Record of Power
This section requires that when an attorney conducts a foreclosure by advertisement, the attorney's authority must be …
580.06
Sale, How and by Whom Made
A foreclosure sale in Minnesota must be conducted by the county sheriff or a deputy sheriff as a public auction, sold to …
580.07
Postponement
A foreclosure sale can be postponed by the lender or by the homeowner. The lender can postpone the sale by publishing a …
580.08
Separate Tracts
If a mortgage covers more than one separate piece of land, the properties must be sold individually at the foreclosure …
580.09
Foreclosure of Installment; Sale; Proceeds; Redemption
This section allows a lender to foreclose on individual missed installment payments without having to foreclose on the …
580.10
Surplus
If the foreclosure sale brings in more money than what is owed on the mortgage, the extra money (the 'surplus') belongs …
580.11
Mortgagee or Assignee May Purchase
The lender (or the person who owns the mortgage) is allowed to bid on and buy the property at the foreclosure sale. They …
580.12
Certificate of Sale; Record; Effect
After a foreclosure sale, the sheriff gives the buyer a certificate of sale that describes the property, the sale price, …
580.13
Premises in More Than One County; Record
When a mortgage covers property in more than one county and the foreclosure happens in just one county, a certified copy …
580.14
Execution After Expiration of Term
If a sheriff or deputy who conducted a foreclosure sale leaves office within 20 days after the sale, they can still sign …
580.15
Perpetuating Evidence of Sale
This section lists the affidavits that can be recorded to preserve proof that a foreclosure sale was done correctly. …
580.16
This section has been repealed. It was removed by a 2005 law and no longer contains any active provisions.
580.17
Affidavit of Costs
Within ten days after the certificate of sale is recorded, the party who foreclosed must record a sworn, itemized list …
580.18
Excessive Costs or Interest
If a lender charges foreclosure costs that were not actually paid, the homeowner can sue within one year of the sale and …
580.19
Certificate as Evidence
The sheriff's certificate of sale from a foreclosure is treated as initial proof that the foreclosure was done …
580.20
Action to Set Aside for Certain Defects
A foreclosure sale cannot be overturned for problems with the notice or the sale process unless the challenge is brought …
580.21
Action to Set Aside Sale; Limitation
A foreclosure sale cannot be challenged or set aside unless a lawsuit is filed within 15 years after the sale date. This …
580.22
Interest of Purchaser; Attachment or Judgment
The interest a buyer gets at a foreclosure sale can be seized through an attachment or judgment lien, just like regular …
580.225
Satisfaction of Mortgage
When a home is sold through foreclosure, the amount the lender receives from the sale is full payment of the mortgage …
580.23
Redemption by Mortgagor; Affidavit of Nonagricultural Use; Waiver
After a foreclosure sale in Minnesota, the homeowner usually has 6 months to buy back (redeem) the property by paying …
580.24
Redemption by Creditor
If the homeowner does not redeem the property after a foreclosure sale, other creditors who have a lien on the property …
580.25
Creditor Redemption; How Made
A creditor with a lien on the property (like a second mortgage holder or judgment creditor) can redeem the property …
580.26
Certificate of Redemption; Record
When someone redeems property after a foreclosure sale, the person they redeem from must give them a certificate of …
580.27
Effect of Redemption
When the property owner redeems after a foreclosure sale, the sale is canceled and the owner keeps the property. When a …
580.28
Action to Set Aside Mortgage; Foreclosure; Redemption
If you file a lawsuit claiming a mortgage is fraudulent, void, or already paid off, and the redemption period will …
580.29
Holder of Junior Mortgage May Pay Default in Prior Mortgage
If you hold a second mortgage (or other junior lien) on a property, you can make payments on the first mortgage to …
580.30
Mortgages, When Reinstated
A homeowner can stop a foreclosure at any time before the sale by paying the amount actually in default -- not the full …