Minnesota Foreclosure Law

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Minnesota Foreclosure Laws

Typical Minnesota Foreclosure Time Frame – Typically the period is approximately 60 days.

Judicial Foreclosure – Yes

Non-Judicial Foreclosure – Yes

Types of Security Instruments – Mortgage and Deed of Trust

Right of Redemption Period – 365 days or 12 months to pay the past due amount of the loan in order to redeem the property.

Minnesota foreclosure laws allow both judicial and non-judicial foreclosure proceedings.  A judicial foreclosure is used in the event that a Power of Sale stipulation or clause is absent from the mortgage contract or the deed of trust. 

According to Minnesota foreclosure law, in a judicial foreclosure the lender is required to sue the borrower in court to obtain a default and an Order to Foreclose.  Alternatively, in a Minnesota non-judicial foreclosure the lender is able to proceed with the foreclosure without appealing to the courts.  In this case, the lender is not able to sue for the defaulted amount and the mortgage must be recorded.  In addition, a Notice of Intent to Foreclose must be served on the occupants of the home at least eight weeks before the process officially begins.

Once the actual time for the sale occurs, the terms and conditions for time and location in the Power of Sale must be followed exactly; however, in the event that the power of sale does not set forth the information the following guidelines must be followed.

First, a Notice of Sale must be filed with the court clerk that has jurisdiction over the property.  In the notice, it must include information about the lender, the borrower, the amount of the original mortgage, the amount that is defaulted, the time, place, and date of the intended sale.

The next step in a Minnesota foreclosure involves publishing at least once a week for a minimum of six consecutive weeks a copy of the notice in the public newspaper in the area where the property is located.  In addition, a copy of the notice is required to be served a minimum of four weeks before the date of the sale.

The actual sale of the property is conducted by the county sheriff in which the property is located.  Either the sheriff or a deputy of their choice is required to read an itemized statement, which is filed by the lender.  The itemized statement must include a detailed list of all amounts due.  Upon the completion of the sale, the high bidder receives a Certificate of Sale.

Minnesota foreclosure laws state that the borrower is allowed a period of one year or 365 days in which to redeem the property by paying the amount the is past due plus any and all costs that are associated with the foreclosure process.  The lender is allowed to sue for a deficiency judgment for any amount that is different between the fair market value or the sale price of the home and the actual balance of the loan.

For more information on Minnesota foreclosure laws click here.


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The information found on this site is not intended to be legal advice. The foreclosure process is highly case specific and laws vary throughout the United States. Please seek professional legal counsel before entering into any contract regarding any real property or stopping the foreclosure on any real property. By using this site you consent to the terms posted here.