Minnesota Legislature
Office of the Revisor of Statutes
2007 Minnesota Statutes
This is an historical version of this statute chapter. Also view the most recent published version.
CHAPTER 581. MORTGAGES; FORECLOSURE BY ACTION
| Section | Headnote |
|---|---|
| 581.01 | RULES GOVERNING. |
| 581.015 | Renumbered 582.039 |
| 581.02 | APPLICATION, CERTAIN SECTIONS. |
| 581.03 | JUDGMENT, TRANSCRIPT. |
| 581.04 | SEPARATE TRACTS. |
| 581.05 | PURCHASE BY MORTGAGEE. |
| 581.06 | SURPLUS. |
| 581.07 | FORECLOSURE FOR INSTALLMENT; DISMISSAL, STAY. |
| 581.08 | REPORT OF SALE; CONFIRMATION; RESALE. |
| 581.09 | SATISFACTION OF JUDGMENT. |
| 581.10 | REDEMPTION BY MORTGAGOR, CREDITOR. |
| 581.11 | DELIVERY OF POSSESSION. |
| 581.12 | STRICT FORECLOSURE. |
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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 provided to be paid on the mortgage debt, not to exceed
eight percent per annum, and, if no rate to be provided in the mortgage, at the rate of six percent,
together with any further sum which may be payable pursuant to section 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
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 provided to be paid on the mortgage debt, not to exceed
eight percent per annum, and, if no rate to be provided in the mortgage, at the rate of six percent,
together with any further sum which may be payable pursuant to section 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
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
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
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
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
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