reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 578 — Receivership; Absentees › Section 578.21 — Property Distribution; Time Limitation.

578.21 PROPERTY DISTRIBUTION; TIME LIMITATION.
If the receiver is not appointed within three years after the date found by the court under section 578.06, the time limited for accounting for, or fixed for distributing, the property or its proceeds, or for barring actions relative thereto, shall be one year after the date of the appointment of the receiver instead of the four years provided in sections 578.15 and 578.20.
The provisions of this chapter shall not be construed as exclusive, but as providing additional and cumulative remedies.
History:
(8080-13) 1925 c 262 s 13; 1974 c 447 s 16; 1975 c 347 s 143; 2012 c 143 art 3 s 37,38
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 579 — Boats, Vessels; Actions Against › Section 579.01 — Liability Of Boat Or Vessel.

579.01 LIABILITY OF BOAT OR VESSEL.
Every boat or vessel used in navigating the waters of this state shall be liable for the claims or demands hereinafter mentioned, and which shall constitute liens thereon:
(1) for all debts contracted by the master, owner, agent, or consignee thereof on account of supplies furnished for its use, or on account of work done or services rendered on board for its benefit, or on account of labor done or materials furnished by mechanics, members of trades, or others in and for building, repairing, fitting out, furnishing, or equipping the same;
(2) for all sums due for wharfage or anchorage of such boat or vessel within the state;
(3) for all demands or damages accruing from the nonperformance or malperformance of any contract of affreightment, or any contract touching the transportation of persons or property entered into by the master, owner, agent, or consignee of the boat or vessel on which such contract is to be performed; and
(4) for all injuries done to persons or property by such boat or vessel.
No boat or vessel shall be so liable for any debt contracted on account of work done or services rendered on board of or for the benefit of such boat or vessel until the contract is fully performed.
History:
(9774) RL s 4603; 1986 c 444
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 579 — Boats, Vessels; Actions Against › Section 579.02 — Action; Warrant; Procedure.

579.02 ACTION; WARRANT; PROCEDURE.
An action against a boat or vessel may be instituted by the filing in the district court of the county where it may be of a complaint against it by name, or, if it have no name, by description, verified by the plaintiff or some person having knowledge of the facts, and setting forth the demand, and on whose account it accrued. Thereupon the court administrator shall issue a warrant, returnable in 20 days, directing the sheriff to seize such boat or vessel and detain it in custody, with its tackle, apparel, and furniture, until discharged by due course of law. Such warrant shall be served and returned as in the case of a writ of attachment. Upon the return of the warrant, proceedings shall be had against the boat or vessel seized in the same manner as if the action had been instituted against the person on whose account the demand accrued. The master, owner, agent, or consignee of the boat or vessel may appear on its behalf and answer the complaint. For sufficient cause shown, the answerer shall be entitled to a continuance, but such continuance shall not operate as a discharge of the boat or vessel from custody, and no continuance shall be granted to the plaintiff.
History:
(9775) RL s 4604; 1986 c 444; 1Sp1986 c 3 art 1 s 82
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 579 — Boats, Vessels; Actions Against › Section 579.03 — Discharge Of Boat; Bond.

579.03 DISCHARGE OF BOAT; BOND.
If, before judgment, the master, owner, agent, or consignee give bond to the plaintiff, to be approved by the court, or by a judge, or the court administrator thereof in vacation, conditioned to satisfy the amount which shall be adjudged to be due to the plaintiff, with costs, the boat or vessel, with its tackle, apparel, and furniture, shall be discharged from custody.
History:
(9776) RL s 4605; 1Sp1986 c 3 art 1 s 82
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 579 — Boats, Vessels; Actions Against › Section 579.04 — Sale; Execution.

579.04 SALE; EXECUTION.
If judgment be rendered in favor of the plaintiff against the boat or vessel, the court shall make an order, directing the sheriff to sell it, with its tackle, apparel, and furniture, or such part thereof or interest therein as shall be necessary, to satisfy the judgment and costs, and the order shall be executed and returned in the same manner as an execution. If a bond has been given, as provided in section 579.03, and judgment rendered in favor of the plaintiff, execution shall issue for the amount thereof and costs against the principal and sureties on the bond.
History:
(9777) RL s 4606
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 579 — Boats, Vessels; Actions Against › Section 579.05 — Owner Summoned To Show Cause.

579.05 OWNER SUMMONED TO SHOW CAUSE.
When judgment is rendered in favor of the plaintiff against a boat or vessel, and prior thereto it has been discharged from custody by the giving of bond or otherwise, or when for any reason the judgment or any part thereof remains unpaid for 60 days, the master and owner, or either, may be summoned to show cause why they should not be personally bound by the judgment. Such summons shall be subscribed by the judgment creditor, an agent or attorney, and shall describe the judgment, specify the amount due thereon, and require the party summoned to show cause within 20 days after the service thereof, and may be served in the same manner as a summons in a civil action. It shall be accompanied by an affidavit of the person subscribing it, to the effect that the judgment has not been paid or satisfied, except as specified in the summons, to the affiant's knowledge, information, or belief.
History:
(9778) RL s 4607; 1986 c 444
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 579 — Boats, Vessels; Actions Against › Section 579.06 — Pleadings; Trial; Judgment.

579.06 PLEADINGS; TRIAL; JUDGMENT.
The party summoned may by answer deny that the judgment was duly rendered, or that the answerer was master, owner, or part owner of the boat or vessel when the cause of action against it arose, and may set up any defense which has arisen since the rendition of the judgment, but no other defense. The party issuing the summons may demur or reply to the answer, and the party summoned may demur to the reply. The issues shall be tried, and judgment, with costs, shall be rendered and enforced in the same manner as in a civil action.
History:
(9779) RL s 4608; 1986 c 444
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 579 — Boats, Vessels; Actions Against › Section 579.07 — Appeals.

579.07 APPEALS.
In all cases under this chapter, if judgment be rendered in favor of the plaintiff, the master, owner, agent, or consignee of the boat or vessel, and any other person interested, may appeal from the orders or judgment of the court as in other cases.
History:
(9780) RL s 4609
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 579 — Boats, Vessels; Actions Against › Section 579.08 — Limitation Of Action.

579.08 LIMITATION OF ACTION.
All actions under this chapter shall be commenced within one year after the cause of action accrues.
History:
(9781) RL s 4610
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 580 — Mortgages; Foreclosure By Advertisement › Section 580.01 — Limitation.

580.01 LIMITATION.
Subject to the provisions of section 541.03, any mortgage of real estate containing a power of sale, upon default being made in any condition thereof, may be foreclosed by advertisement.
History:
(9602) RL s 4457; 1953 c 277 s 1
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 580 — Mortgages; Foreclosure By Advertisement › Section 580.02 — Requisites For Foreclosure.

580.02 REQUISITES FOR FORECLOSURE.
To entitle any party to make such foreclosure, it is requisite:
(1) that some default in a condition of such mortgage has occurred, by which the power to sell has become operative;
(2) that no action or proceeding has been instituted at law to recover the debt then remaining secured by such mortgage, or any part thereof, or, if the action or proceeding has been instituted, that the same has been discontinued, or that an execution upon the judgment rendered therein has been returned unsatisfied, in whole or in part;
(3) that the mortgage has been recorded and, if it has been assigned, that all assignments thereof have been recorded; provided, that, if the mortgage is upon registered land, it shall be sufficient if the mortgage and all assignments thereof have been duly registered;
(4) before the notice of pendency as required under section 580.032 is recorded, the party has complied with section 580.021; and
(5) before the foreclosure sale, the party has complied with section 582.043, if applicable.
History:
(9603) RL s 4458; 2008 c 341 art 5 s 6; 2013 c 115 s 1
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 580 — Mortgages; Foreclosure By Advertisement › Section 580.022 — Forms.

580.022 FORMS.
Subdivision 1.
Counseling form.
The notice required under section 580.021, subdivision 2, clause (2), must be printed on colored paper that is other than the color of any other document provided with it and must appear substantially as follows:
"
PREFORECLOSURE NOTICE
Foreclosure Prevention Counseling
Why You Are Getting This Notice
We do not want you to lose your home and your equity. Government-approved nonprofit agencies are available to, if possible, help you prevent foreclosure.
We have given your contact information to an authorized foreclosure prevention counseling agency to contact you to help you prevent foreclosure.
Who Are These Foreclosure Prevention Counseling Agencies
They are nonprofit agencies who are experts in housing and foreclosure prevention counseling and assistance. They are experienced in dealing with lenders and homeowners who are behind on mortgage payments and can help you understand your options and work with you to address your delinquency. They are approved by either the Minnesota Housing Finance Agency or the United States Department of Housing and Urban Development. They are not connected with us in any way.
Which Agency Will Contact You
[insert name, address, and telephone number of agency]
You can also contact them directly."
Subd. 2.Notice of Counseling and Request for Contact Information form.
The notice required in section 580.021, subdivision 4, must be substantially in the following form:
"
PREFORECLOSURE NOTICE
NOTICE OF PROVISION OF FORECLOSURE PREVENTION COUNSELING AND REQUEST FOR MORTGAGEE CONTACT INFORMATION
[Insert agency name] has been contacted by your customer regarding foreclosure prevention counseling in response to the current foreclosure proceedings involving the customer's real property. Please provide the following contact information pursuant to Minnesota Statutes, section 580.021, subdivision 4, by completing and returning this form via fax [insert fax number] or via email at [insert email address].
To be completed by Counseling Agency
Consumer Name: .
CONSUMER CONTACT INFORMATION:
Address: .
City, State, Zip Code: .
Daytime Phone: .
Nighttime Phone: .
PROPERTY AT RISK FOR FORECLOSURE (if differs from above):
Address: .
City, State, Zip Code: .
COUNSELING AGENCY CONTACT:
Name: .
Agency: .
Phone: .
Fax: .
Email: .
To be completed by Lender
Contact Name: .
Address: .
City, State, Zip Code: .
Phone: .
Fax: .
Email: .
"
History:
2008 c 341 art 5 s 8
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 580 — Mortgages; Foreclosure By Advertisement › Section 580.025 — Foreclosure Data.

580.025 FORECLOSURE DATA.
Subdivision 1.
Applicability.
This section applies to foreclosure of mortgages under this chapter on property consisting of one to four family dwelling units.
Subd. 2.
Data required.
The notice of pendency required by section 580.032, subdivision 3; the notice of sale required by section 580.04; and the certificate of sale required by section 580.12 shall include the following information to the best of the knowledge of the party foreclosing the mortgage:
(1) the physical street address, city, and zip code of the mortgaged premises;
(2) the name of the transaction agent, residential mortgage servicer, and the lender or broker, as defined in section 58.02, if the person holding the mortgage is a transaction agent as defined in section 58.02, subdivision 30, or the name of the residential mortgage servicer and the lender or broker, as defined in section 58.02, if the person holding the mortgage is not a transaction agent as defined in section 58.02, subdivision 30;
(3) the tax parcel identification number of the mortgaged premises;
(4) if stated on the mortgage, the transaction agent's mortgage identification number; and
(5) if stated on the mortgage, the name of the residential mortgage originator as defined in section 58.02.
No liability shall accrue to the party foreclosing the mortgage or the party's attorney for de minimis, good faith, or commercially reasonable errors in this information. The omission of all or some of the information required by this section from the notice shall not invalidate the foreclosure of the mortgage.
History:
2008 c 238 art 1 s 2; 2009 c 130 s 5
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 580 — Mortgages; Foreclosure By Advertisement › Section 580.03 — Notice Of Sale; Service On Occupant.

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
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 580 — Mortgages; Foreclosure By Advertisement › Section 580.033 — Where Notice Published.

580.033 WHERE NOTICE PUBLISHED.
Subdivision 1.
Location of qualified newspaper.
For purposes of this chapter, publication of the notice of sale is sufficient if it occurs:
(1) in a qualified newspaper having its known office of issue located in the county where the mortgaged premises, or some part of the mortgaged premises are located; or
(2) in a qualified newspaper having its known office of issue located in an adjoining county, if the publisher of the newspaper states, in the sworn affidavit of publication required by section 331A.07, that a substantial portion of the newspaper's circulation is in the county where the mortgaged premises, or some part of the mortgaged premises are located.
In all cases, the affidavit of publication must state the county where the newspaper's known office of issue is located and that the newspaper complies with the conditions described in clause (1) or (2).
Subd. 2.
Definitions.
As used in this section, "known office of issue" is defined as provided in section 331A.01, subdivision 2, and "qualified newspaper" is defined as provided in section 331A.01, subdivision 8.
History:
2015 c 14 s 1
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 580 — Mortgages; Foreclosure By Advertisement › Section 580.04 — Requisites Of Notice.

580.04 REQUISITES OF NOTICE.
(a) Each notice shall specify or contain:
(1) the name of the mortgagor, the mortgagee, each assignee of the mortgage, if any, and the original or maximum principal amount secured by the mortgage;
(2) the date of the mortgage, and when and where recorded, except where the mortgage is upon registered land, in which case the notice shall state that fact, and when and where registered;
(3) the amount claimed to be due on the mortgage on the date of the notice;
(4) a description of the mortgaged premises, conforming substantially to that contained in the mortgage, and the commonly used street address of the mortgaged premises;
(5) the time and place of sale;
(6) the time allowed by law for redemption by the mortgagor, the mortgagor's personal representatives or assigns; and
(7) for mortgaged premises described in section 582.032, subdivision 1, the following statement in capital letters: "THE TIME ALLOWED BY LAW FOR REDEMPTION BY THE MORTGAGOR, THE MORTGAGOR'S PERSONAL REPRESENTATIVES OR ASSIGNS, MAY BE REDUCED TO FIVE WEEKS IF A JUDICIAL ORDER IS ENTERED UNDER MINNESOTA STATUTES, SECTION 582.032, DETERMINING, AMONG OTHER THINGS, THAT THE MORTGAGED PREMISES ARE IMPROVED WITH A RESIDENTIAL DWELLING OF LESS THAN FIVE UNITS, ARE NOT PROPERTY USED IN AGRICULTURAL PRODUCTION, AND ARE ABANDONED."
(b) If the real estate is an owner-occupied, single-family dwelling, the notice must also specify the date on or before which the mortgagor must vacate the property if the mortgage is not reinstated under section 580.30 or the property redeemed under section 580.23. The notice must state that the time to vacate the property is 11:59 p.m. on the specified date.
History:
(9605) RL s 4460; 1967 c 248 s 1; 1986 c 444; 1989 c 328 art 3 s 6; 1Sp1989 c 2 s 6; 2004 c 234 s 3; 2009 c 123 s 6; 2009 c 130 s 6
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 580 — Mortgages; Foreclosure By Advertisement › Section 580.045 — Record Owner With No Financial Interest.

580.045 RECORD OWNER WITH NO FINANCIAL INTEREST.
A notice of foreclosure required under section 580.04 must include the name of each mortgagor who, at the time of first publication of the notice, has been released from financial obligation on the mortgage and a statement that the named mortgagor has been released from financial obligation on the mortgage.
History:
1988 c 421 s 1
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 580 — Mortgages; Foreclosure By Advertisement › Section 580.05 — Attorney To Foreclose; Record Of Power.

580.05 ATTORNEY TO FORECLOSE; RECORD OF POWER.
When an attorney at law is employed to conduct such foreclosure, the authority of the attorney at law shall appear by power of attorney executed and acknowledged by the mortgagee or assignee of the mortgage in the same manner as a conveyance, and recorded prior to the sale in the county where the foreclosure proceedings are had. If such attorney be employed on behalf of such mortgagee or assignee by an attorney in fact, the attorney's authority shall likewise be evidenced by recorded power.
History:
(9606) RL s 4461; 1986 c 444
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 580 — Mortgages; Foreclosure By Advertisement › Section 580.06 — Sale, How And By Whom Made.

580.06 SALE, HOW AND BY WHOM MADE.
The sale shall be made by the sheriff or the sheriff's deputy at public venue to the highest bidder, in the county in which the premises to be sold, or some part thereof, are situated, between 9:00 a.m. and 4:00 p.m.
History:
(9607) RL s 4462; 1986 c 444; 2008 c 341 art 5 s 12; 2010 c 375 s 11; 2011 c 76 art 1 s 65
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 580 — Mortgages; Foreclosure By Advertisement › Section 580.08 — Separate Tracts.

580.08 SEPARATE TRACTS.
If the mortgaged premises consist of separate and distinct farms or tracts, they shall be sold separately, and no more farms or tracts shall be sold than are necessary to satisfy the amount due on such mortgage at the date of notice of such sale, with interest, taxes paid, and costs of sale.
History:
(9609) RL s 4464
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 580 — Mortgages; Foreclosure By Advertisement › Section 580.10 — Surplus.

580.10 SURPLUS.
In all cases not provided for in section 580.09, if, after sale of any real estate, made as herein prescribed, there remains in the hands of the officer making the sale any surplus money, after satisfying the mortgage, with interest, taxes paid, and costs of sale, the surplus shall be paid over by such officer, on demand, to the mortgagor, the mortgagor's legal representatives or assigns.
History:
(9611) RL s 4466; 1986 c 444
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 580 — Mortgages; Foreclosure By Advertisement › Section 580.11 — Mortgagee Or Assignee May Purchase.

580.11 MORTGAGEE OR ASSIGNEE MAY PURCHASE.
The mortgagee, the mortgagee's assignee, or the legal representative of either or both, may fairly and in good faith purchase the premises so advertised, or any part thereof, at such sale.
History:
(9612) RL s 4467; 1986 c 444
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 580 — Mortgages; Foreclosure By Advertisement › Section 580.12 — Certificate Of Sale; Record; Effect.

580.12 CERTIFICATE OF SALE; RECORD; EFFECT.
When any sale of real property is made under a power of sale contained in any mortgage, the officer shall make and deliver to the purchaser a certificate, executed in the same manner as a conveyance, containing:
(1) a description of the mortgage;
(2) a description of the property sold;
(3) the price paid for each parcel sold;
(4) the time and place of the sale, and the name of the purchaser;
(5) the interest rate in effect on the date of the sheriff's sale; and
(6) the time allowed by law for redemption, provided that if the redemption period stated in the certificate is five weeks and a longer redemption period was stated in the published notice of foreclosure sale, a certified copy of the court order entered under section 582.032, authorizing reduction of the redemption period to five weeks, must be attached to the certificate.
A certificate which states a five-week redemption period must be recorded within ten days after the sale; any other certificate must be recorded within 20 days after the sale. When so recorded, upon expiration of the time for redemption, the certificate shall operate as a conveyance to the purchaser or the purchaser's assignee of all the right, title, and interest of the mortgagor in and to the premises named therein at the date of such mortgage, without any other conveyance. A certificate must not contain a time allowed for redemption that is less than the time specified by section 580.23, 582.032, or 582.32, whichever applies.
History:
(9613) RL s 4468; 1986 c 444; 1989 c 328 art 3 s 7; 1994 c 388 art 1 s 6; 2008 c 341 art 5 s 14
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 580 — Mortgages; Foreclosure By Advertisement › Section 580.13 — Premises In More Than One County; Record.

580.13 PREMISES IN MORE THAN ONE COUNTY; RECORD.
If any mortgage covering real estate in more than one county be foreclosed by proceedings had in one county, and the mortgage debt be thereby paid, in whole or in part, there may be recorded by the county recorder of the other county a certified copy of the certificate of sale and other foreclosure proceedings of record in the county in which the foreclosure proceedings were had.
History:
(9616) RL s 4470; 1976 c 181 s 2
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 580 — Mortgages; Foreclosure By Advertisement › Section 580.14 — Execution After Expiration Of Term.

580.14 EXECUTION AFTER EXPIRATION OF TERM.
Where the term of office of the sheriff or deputy who made the sale expires within 20 days thereafter, and before executing the certificate required by law, that sheriff or deputy may execute and acknowledge the same in like manner and with like effect as if the term had not expired.
History:
(9617) RL s 4471; 1986 c 444
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 580 — Mortgages; Foreclosure By Advertisement › Section 580.17 — Affidavit Of Costs.

580.17 AFFIDAVIT OF COSTS.
Within ten days after the filing for record of the certificate of sale, the party foreclosing, or the party's attorney, shall make and record with the county recorder an affidavit containing a detailed bill of the costs and disbursements of the foreclosure, including attorney's fees, and setting forth that the same have been absolutely and unconditionally paid or incurred. Costs and disbursements shall be allowed as provided in section 549.04.
History:
(9620) RL s 4474; 1976 c 181 s 2; 1983 c 93 s 2; 1986 c 444; 2005 c 4 s 148
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 580 — Mortgages; Foreclosure By Advertisement › Section 580.18 — Excessive Costs Or Interest.

580.18 EXCESSIVE COSTS OR INTEREST.
At any time within one year after the sale, the mortgagor, the mortgagor's heirs or assigns, may recover from the owner of the mortgage at the time of foreclosure three times the amount of any sums charged as costs or disbursements on such foreclosure but not absolutely paid, unless such amounts have been paid to the mortgagor or the mortgagor's assigns.
History:
(9621) RL s 4475; 1986 c 444
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 580 — Mortgages; Foreclosure By Advertisement › Section 580.19 — Certificate As Evidence.

580.19 CERTIFICATE AS EVIDENCE.
Every sheriff's certificate of sale made under a power to sell contained in a mortgage shall be prima facie evidence that all the requirements of law in that behalf have been complied with, and prima facie evidence of title in fee thereunder in the purchaser at such sale, the purchaser's heirs or assigns, after the time for redemption therefrom has expired.
History:
(9622) RL s 4476; 1986 c 444
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 580 — Mortgages; Foreclosure By Advertisement › Section 580.20 — Action To Set Aside For Certain Defects.

580.20 ACTION TO SET ASIDE FOR CERTAIN DEFECTS.
No such sale shall be held invalid or be set aside by reason of any defect in the notice thereof, or in the publication or service of such notice, or in the proceedings of the officer making the sale, unless the action in which the validity of such sale is called in question be commenced, or the defense alleging its invalidity be interposed, with reasonable diligence, and not later than five years after the date of such sale; provided that persons under disability to sue when such sale was made by reason of being minors, persons who lack the mental capacity to make decisions, persons with a developmental disability, or persons in captivity or in any country with which the United States is at war, may commence such action or interpose such defense at any time within five years after the removal of such disability.
History:
(9623) RL s 4477; 2005 c 56 s 1; 2013 c 59 art 3 s 15
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 580 — Mortgages; Foreclosure By Advertisement › Section 580.21 — Action To Set Aside Sale; Limitation.

580.21 ACTION TO SET ASIDE SALE; LIMITATION.
No such sale shall be held invalid or set aside unless the action in which its validity is called in question be commenced, or the defense alleging its invalidity be interposed, within 15 years after the date of such sale; provided that persons under disability, as provided in section 580.20, may commence such action or interpose such defense within the time therein provided. This section shall not affect or prejudice the rights of any bona fide purchaser.
History:
(9624) RL s 4478
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 580 — Mortgages; Foreclosure By Advertisement › Section 580.22 — Interest Of Purchaser; Attachment Or Judgment.

580.22 INTEREST OF PURCHASER; ATTACHMENT OR JUDGMENT.
The interest acquired upon such sale is subject to the lien of any attachment or judgment duly made or docketed against the person holding the same, as in case of real property, and may be attached and sold on execution in the same manner.
History:
(9625) RL s 4479
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 580 — Mortgages; Foreclosure By Advertisement › Section 580.225 — Satisfaction Of Judgment.

580.225 SATISFACTION OF JUDGMENT.
The amount received from foreclosure sale under this chapter is full satisfaction of the mortgage debt, except as provided in section 582.30.
History:
1986 c 398 art 19 s 2
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 580 — Mortgages; Foreclosure By Advertisement › Section 580.25 — Redemption, How Made.

580.25 REDEMPTION, HOW MADE.
Redemption shall be made as provided in this section.
The person desiring to redeem shall pay the amount required by law for the redemption, and shall produce to the person or officer receiving the redemption payment:
(1) a copy of the docket of the judgment, or of the recorded deed or mortgage, or of the record or files evidencing any other lien under which the person claims a right to redeem;
(2) a copy of any recorded assignment necessary to evidence the person's ownership of the lien. If the redemption is under an assignment of a judgment, the assignment shall be filed in the court entering the judgment, as provided by law, and the person so redeeming shall produce a copy of it and of the record of its filing, and the copy of the docket shall show that the proper entry was made upon the docket. No further evidence of the assignment of the judgment is required unless the mortgaged premises or part of it is registered property, in which case the judgment and all assignments of the judgment must be entered as a memorial upon the certificate of title to the mortgaged premises and a copy of the judgment and each assignment with the certificate of record endorsed on it must be produced; and
(3) an affidavit of the person or the person's agent, showing the amount then actually claimed due on the person's lien and required to be paid on the lien in order to redeem from the person. Additional fees and charges may be claimed due only as provided in section 582.03.
If redemption is made to the sheriff, the sheriff may charge a fee of $250 for issuing the certificate of redemption and any related service. No other fee may be charged by the sheriff for a redemption.
Within 24 hours after a redemption is made, the person redeeming shall cause the documents so required to be produced to be recorded with the county recorder, or registrar of titles, who may receive fees as prescribed in section 357.18 or 508.82. If the redemption is made at any place other than the county seat, it is sufficient forthwith to deposit the documents in the nearest post office, addressed to the recorder or registrar of titles, with the postage prepaid. A person recording documents produced for redemption shall, on the same day, deliver copies of the documents to the sheriff for public inspection. The sheriff may receive a fee of $20 for the documents delivered following a redemption. The sheriff shall note the date of delivery on the documents and shall maintain for public inspection all documents delivered to the sheriff for a period of six months after the end of the mortgagor's redemption period.
History:
(9628) RL s 4482; 1976 c 181 s 2; 1983 c 99 s 4; 1986 c 444; 2004 c 234 s 5; 2008 c 341 art 5 s 17
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 580 — Mortgages; Foreclosure By Advertisement › Section 580.26 — Certificate Of Redemption; Record.

580.26 CERTIFICATE OF REDEMPTION; RECORD.
The person or officer from whom such redemption is made shall make and deliver to the person redeeming a certificate executed and acknowledged in the same manner as a conveyance, containing:
(1) the name of the person redeeming, and the amount paid by the person on such redemption;
(2) a description of the sale for which such redemption is made, and of the property redeemed;
(3) a statement of the claim upon which such redemption is made and, if upon a lien, the amount claimed to be due thereon at the date of redemption.
If redemption is made by the owner of the property sold, the owner's heirs, personal representatives, or assigns, such certificate shall be recorded within four days after the expiration of the period allowed by law to the owner for redemption and, if made by a creditor holding a lien, the certificate shall be recorded within four days after such redemption. Unless so recorded, the certificate shall be void as against any person in good faith redeeming from the same person or lien.
History:
(9629) RL s 4483; 1986 c 444; 2014 c 266 s 11
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 580 — Mortgages; Foreclosure By Advertisement › Section 580.27 — Effect Of Redemption.

580.27 EFFECT OF REDEMPTION.
If redemption is made by the owner of the property sold, the owner's heirs, personal representatives or assigns, such redemption annuls the sale; if by a creditor holding a lien on the property, or some part thereof, the certificate of redemption, executed, acknowledged, and recorded as provided in section 580.26, operates as an assignment to the creditor of the right acquired under such sale, subject to such right of any other person to redeem as provided by law.
History:
(9630) RL s 4484; 1986 c 444
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 580 — Mortgages; Foreclosure By Advertisement › Section 580.28 — Action To Set Aside Mortgage; Foreclosure; Redemption.

580.28 ACTION TO SET ASIDE MORTGAGE; FORECLOSURE; REDEMPTION.
When an action is brought wherein it is claimed that any mortgage as to the plaintiff or person for whose benefit the action is brought is fraudulent or void, or has been paid or discharged, in whole or in part, or the relative priority or the validity of liens is disputed, if such mortgage has been foreclosed by advertisement, and the time for redemption from the foreclosure sale will expire before final judgment in such action, the plaintiff or beneficiary having the right to redeem, for the purpose of saving such right in case the action fails, may deposit with the sheriff before the time of redemption expires the amount for which the mortgaged premises were sold, with interest thereon to the time of deposit, together with a bond to the holder of the sheriff's certificate of sale, in an amount and with sureties to be approved by the sheriff, conditioned to pay all interest that may accrue or be allowed on such deposit if the action fail. The person shall, in writing, notify such sheriff that the person claims the mortgage to be fraudulent or void, or to have been paid or discharged, in whole or in part, as the case may be, and that such action is pending, and direct the sheriff to retain such money and bond until final judgment. In case such action fails, such deposit shall operate as a redemption of the premises from such foreclosure sale, and entitle the plaintiff to a certificate thereof. Such foreclosure, deposit, bond, and notice shall be brought to the attention of the court by supplemental complaint in the action, and the judgment shall determine the validity of the foreclosure sale, and the rights of the parties to the moneys and bond so deposited, which shall be paid and delivered by the sheriff as directed by such judgment upon delivery to the sheriff of a certified copy thereof. The remedy herein provided shall be in addition to other remedies now existing.
History:
(9631) RL s 4485; 1986 c 444; 2008 c 341 art 5 s 18
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 580 — Mortgages; Foreclosure By Advertisement › Section 580.29 — Holder Of Junior Mortgage May Pay Default In Prior Mortgage.

580.29 HOLDER OF JUNIOR MORTGAGE MAY PAY DEFAULT IN PRIOR MORTGAGE.
Any person who has a mortgage lien upon any land against which there exists a prior mortgage may pay any taxes or assessments on which any penalty would otherwise accrue, and may pay the premium upon any policy of insurance procured in renewal of any expiring policy upon mortgaged premises, and may, in case any interest upon any prior or superior lien is in default, or any part of the principal shall become due, or amortized installment which may be in default upon any such prior lien, pay the same, and all such sums so paid shall become due upon such payment and be a part of the debt secured by such junior mortgage, shall bear interest from date of payment at the same rate as the indebtedness secured by such prior lien, and shall be collectible with, as a part of, and in the same manner as, the amount secured by such junior mortgage. Such payments shall be proved by the affidavit of the junior mortgagee, the junior mortgagee's agent or attorney, stating the items and describing the premises, and a copy must be recorded with the county recorder.
History:
(9632) 1923 c 355 s 1; 1927 c 413; 1943 c 395 s 1; 1976 c 181 s 2; 1986 c 444; 2005 c 4 s 151
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 581 — Mortgages; Foreclosure By Action › Section 581.01 — Rules Governing.

581.01 RULES GOVERNING.
Actions for the foreclosure of mortgages shall be governed by the same rules and provisions of statute as civil actions, except as in this chapter otherwise provided.
History:
(9634) RL s 4486
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 581 — Mortgages; Foreclosure By Action › Section 581.02 — Application, Certain Sections.

581.02 APPLICATION, CERTAIN SECTIONS.
The provisions of sections 580.08, 580.09, 580.12, 580.22, 580.25, and 580.27, so far as they relate to the form of the certificate of sale, shall apply to and govern the foreclosure of mortgages by action.
History:
(9635) RL s 4487; 2006 c 212 art 3 s 38
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 581 — Mortgages; Foreclosure By Action › Section 581.03 — Judgment, Transcript.

581.03 JUDGMENT, TRANSCRIPT.
Judgment shall be entered, under the direction of the court, adjudging the amount due, with costs and disbursements, and the sale of the mortgaged premises, or some part thereof, to satisfy such amount, and directing the sheriff to proceed to sell the same according to the provisions of law relating to the sale of real estate on execution, and to make report to the court. A certified transcript of the judgment shall be delivered to the sheriff, and shall be the sheriff's authority for making the sale.
History:
(9636) RL s 4488; 1986 c 444
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 581 — Mortgages; Foreclosure By Action › Section 581.04 — Separate Tracts.

581.04 SEPARATE TRACTS.
When it appears that the sale of the whole of the mortgaged premises in one parcel will be most beneficial to the interests of the parties, the court may adjudge that the same be so sold, notwithstanding that they consist of distinct farms or tracts.
History:
(9637) RL s 4489
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 581 — Mortgages; Foreclosure By Action › Section 581.05 — Purchase By Mortgagee.

581.05 PURCHASE BY MORTGAGEE.
The mortgagee, or any one claiming under the mortgagee, may fairly and in good faith bid off the premises at such sale; and in such case the statement of such fact in the report of sale shall have the same effect as a receipt for money paid upon a sale for cash.
History:
(9638) RL s 4490; 1986 c 444
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 581 — Mortgages; Foreclosure By Action › Section 581.06 — Surplus.

581.06 SURPLUS.
When the sale is for cash, if, after satisfying the mortgage debt, with costs and expenses, there is a surplus, it shall be brought into court for the benefit of the mortgagor or the person entitled thereto, subject to the order of the court. If such surplus remains in court for three months without being applied for, the judge may direct it to be put out at interest, subject to the order of the court, for the benefit of the persons entitled thereto, to be paid to them upon order of the court.
History:
(9639) RL s 4491
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 581 — Mortgages; Foreclosure By Action › Section 581.07 — Foreclosure For Installment; Dismissal, Stay.

581.07 FORECLOSURE FOR INSTALLMENT; DISMISSAL, STAY.
When an action is brought for the foreclosure of a mortgage on which there is due any interest, or any portion of the principal, and there are other portions to become due subsequently, the action shall be dismissed, upon the defendant bringing into court, at any time before the judgment of sale, the principal and interest due, with costs. If, after such judgment of sale, the defendant brings into court the principal and interest due, with costs, the action shall be stayed; but the court shall enter judgment of foreclosure and sale, to be enforced by a further order upon a subsequent default in the payment of any portion of the principal or of interest thereafter to become due.
History:
(9640) RL s 4492
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 581 — Mortgages; Foreclosure By Action › Section 581.08 — Report Of Sale; Confirmation; Resale.

581.08 REPORT OF SALE; CONFIRMATION; RESALE.
Upon the coming in of the report of sale, the court shall grant an order confirming the sale, or, if it appears upon due examination that justice has not been done, it may order a resale on such terms as are just. If the sale is confirmed, the sheriff shall forthwith execute the proper certificate of sale, which shall be recorded within 20 days after such confirmation.
History:
(9641) RL s 4493
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 581 — Mortgages; Foreclosure By Action › Section 581.09 — Satisfaction Of Judgment.

581.09 SATISFACTION OF JUDGMENT.
Upon confirmation of the report of sale, the court administrator shall enter satisfaction of the judgment to the extent of the sum bid for the premises, less expenses and costs. The amount entered is full satisfaction of the judgment unless a deficiency is allowed under section 582.30. If a deficiency judgment is allowed under section 582.30, the balance of the judgment remaining unpaid may be executed and satisfied in the same manner as a personal judgment against the mortgagor.
History:
(9642) RL s 4494; 1986 c 398 art 19 s 4; 1Sp1986 c 3 art 1 s 82
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 581 — Mortgages; Foreclosure By Action › Section 581.10 — Redemption By Mortgagor, Creditor.

581.10 REDEMPTION BY MORTGAGOR, CREDITOR.
The mortgagor, or those claiming under the mortgagor, within the time specified in section 580.23 or 582.032, whichever applies, after the date of the order of confirmation, may redeem the premises sold, or any separate portion thereof, by paying the amount bid therefor, with interest thereon from the time of sale at the rate stated in the certificate of sale or, if no rate is provided in the certificate of sale, at the rate of six percent per annum, together with any further sum which may be payable pursuant to sections 582.03 and 582.031. Creditors having a lien may redeem in the order and manner specified in section 580.24.
History:
(9643) RL s 4496; 1967 c 248 s 4; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1989 c 328 art 3 s 10; 2000 c 320 s 7; 2008 c 341 art 5 s 20
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 581 — Mortgages; Foreclosure By Action › Section 581.11 — Delivery Of Possession.

581.11 DELIVERY OF POSSESSION.
When possession of lands is wrongfully withheld after expiration of the time of redemption, the court may compel delivery of possession to the party entitled thereto by order directing the sheriff to effect such delivery.
History:
(9644) RL s 4497
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 581 — Mortgages; Foreclosure By Action › Section 581.12 — Strict Foreclosure.

581.12 STRICT FORECLOSURE.
Judgment for the strict foreclosure of a mortgage may be given when such remedy is just or appropriate, but in such case no final decree of foreclosure shall be rendered until the lapse of one year after the judgment adjudging the amount due on such mortgage.
History:
(9645) RL s 4498
2023 Minnesota Statutes › Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds › Chapter 582 — Mortgages; Foreclosure, General Provisions › Section 582.01 — Attorney's Fees.

582.01 ATTORNEY'S FEES.
Subdivision 1.
Contractual fees.
The mortgagor may, in the mortgage, covenant to pay or authorize the mortgagee to retain an attorney's fee in case of foreclosure; but such fees in case of foreclosure by advertisement shall not exceed the following amounts, and any provision for fees in excess thereof shall be void to the extent of the excess:
Date of execution of mortgage
The original principal amount secured by the mortgage
Before June 2, 1953
After June 1, 1953 and before June 1, 1971
After May 31, 1971
Less than $500
$25
$50
$150
$500-$1,000
50
75
150
$1,000-$5,000
75
125
150
$5,000-$10,000
100
175
225
Exceeding $10,000
200
225
plus $50 for each additional $10,000 or major fraction thereof
275
plus $35 for each additional $5,000 or major fraction thereof
Subd. 1a.Foreclosure by advertisement.
Notwithstanding subdivision 1 to the contrary, the minimum fee for foreclosure by advertisement of mortgages executed after July 31, 1992, is $500.
Subd. 2.
Foreclosure by action.
The court shall establish the amount of the attorney's fee in case of foreclosure by action.
Subd. 3.
When default less than 30 days.
If at the time of the commencement of the foreclosure proceedings, all of the items constituting said default were less than 30 days past due, then upon redemption the mortgagor shall not be required to pay the attorney's fee authorized in this section. This subdivision shall apply only to mortgages executed after May 31, 1971.
History:
(9646) RL s 4499; 1953 c 454 s 1; 1971 c 833 s 2; 1992 c 463 s 34