There are two types of foreclosure actions in Minnesota, foreclosure by action and advertisement.
1. Foreclosure by advertisement is the default method of foreclosure and does not involve court proceedings. The lender must take steps as set forth in Minnesota Statutes Chapter 580. Requirements include sending out delinquency notices, notices for counseling and prevention programs and Power of Attorney and Notice of Pendency. After the sale, most borrowers will have a six month redemption period, where they have the right to occupy the house and payoff the mortgage and all fees.
2. Foreclosure by Action involves the court and usually occurs when there are extraneous issues such as a "no power of sale" clause, defects in the mortgage or when the borrower is evading service of foreclosure.
Minnesota Joins National Mortgage Settlement
Download Mortgage Assistance Complaint Form
Minnesota Foreclosure Law:
Minnesota Statutes Foreclosure by Advertisement
Minnesota Statutes Foreclosure by Action
Minnesota Statues Foreclosure General Provisions
Foreclosure Resources:
Minnesota Attorney General Foreclosure Resources
Foreclosure Consumer Information via Federal Reserve Bank of Minneapolis
Foreclosure counseling from Hud.gov
Foreclosure Hotline (ABA)
How to Postpone a Sheriff Sale
Minnesota Home Ownership Center
Law Library Resources:
The Foreclosure Survival Guide (Nolo)
Foreclosures: Defenses, Workouts and Mortgage Servicing (NCLC)
Mortgage Foreclosures in Minnesota (Continuing Legal Education)
Foreclosure Law and Practice Hot Issues 2011(Continuing Legal Education)
