HF 3479
2nd Engrossment - 94th Legislature (2025 - 2026)
Posted on 03/23/2026 04:59 p.m.
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A bill for an act
relating to mortgage foreclosures; clarifying right to postpone a mortgage sale;
amending Minnesota Statutes 2024, section 580.07, subdivision 3; Minnesota
Statutes 2025 Supplement, section 580.07, subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2025 Supplement, section 580.07, subdivision 2, is amended
to read:
Subd. 2.
Postponement by mortgagor or owner.
(a) If all or a part of the property to
be sold is classified as homestead under section 273.124 and contains one to four dwelling
units, the mortgagor or ownernew text begin , or, if the mortgagor or owner is deceased, the personal
representatives or any person entitled to a transfer of ownership by devise, descent, or
operation of law,new text end may, in the manner provided in this subdivision, postpone the sale to the
first date that is not a Saturday, Sunday, or legal holiday and is:
(1) five months after the deleted text begin originallydeleted text end scheduled date of sale if the deleted text begin originaldeleted text end new text begin statutorynew text end
redemption period deleted text begin wasdeleted text end new text begin isnew text end six months under section 580.23, subdivision 1; or
(2) 11 months after the deleted text begin originallydeleted text end scheduled date of sale if the deleted text begin originaldeleted text end new text begin statutorynew text end
redemption period deleted text begin wasdeleted text end new text begin isnew text end 12 months under section 580.23, subdivision 2.
new text begin (b) new text end To postpone a foreclosure sale pursuant to this subdivision, at any time after the first
publication of the notice of mortgage foreclosure sale under section 580.03new text begin , or a postponed
sale date in a subsequent notice of postponement under subdivision 1,new text end but at least 15 days
prior to the scheduled sale date specified in that notice, the mortgagor shall: (i) execute a
sworn affidavit in the form set forth in subdivision 3, (ii) record the affidavit in the office
of each county recorder and registrar of titles where the mortgage was recorded, and (iii)
file with the sheriff conducting the sale and deliver to the attorney foreclosing the mortgage
a copy of the recorded affidavit, showing the date and office in which the affidavit was
recorded. Recording of the affidavit and postponement of the foreclosure sale pursuant to
this subdivision shall automatically reduce the mortgagor's redemption period under section
580.23 to five weeks. The postponement of a foreclosure sale pursuant to this subdivision
does not require any change in the contents of the notice of sale, service of the notice of
sale if the occupant was served with the notice of sale prior to postponement under this
subdivision, or publication of the notice of sale if publication was commenced prior to
postponement under this subdivision, notwithstanding the service and publication time
periods specified in section 580.03, but the sheriff's certificate of sale shall indicate the
actual date of the foreclosure sale and the actual length of the mortgagor's redemption period.
No notice of postponement need be published. An affidavit complying with subdivision 3
shall be prima facie evidence of the facts stated therein, and shall be entitled to be recorded. new text begin
The foreclosure of the mortgage shall not be invalidated if the party conducting the
foreclosure postpones the sale in response to receipt of a defective or untimely affidavit,
unless the affidavit is procured as part of conduct in violation of chapter 325N.
new text end
new text begin (c) new text end The right to postpone a foreclosure sale pursuant to this subdivision may be exercised
only oncedeleted text begin , regardless whether the mortgagor reinstates the mortgage prior to the postponed
mortgage foreclosure saledeleted text end new text begin during each foreclosure proceeding commenced under this chapter
or chapter 581new text end .
deleted text begin (b)deleted text end new text begin (d)new text end If the automatic stay under United States Code, title 11, section 362, applies to
deleted text begin thedeleted text end new text begin anew text end mortgage foreclosure new text begin proceeding new text end after a deleted text begin mortgagor or owner requestsdeleted text end postponement
of deleted text begin thedeleted text end new text begin anew text end sheriff's sale under this section, then when the automatic stay is no longer applicable,
the deleted text begin mortgagor's or owner'sdeleted text end election to shorten the redemption period to five weeks under
this section remains applicable new text begin onlynew text end to deleted text begin thedeleted text end new text begin thatnew text end mortgage foreclosure.
deleted text begin (c) Except for the circumstances set forth in paragraph (b),deleted text end new text begin (e)new text end This section does not
reduce the mortgagor's redemption period under section 580.23 for any subsequent
foreclosure of the mortgage.
deleted text begin (d)deleted text end new text begin (f)new text end The right of a mortgagor or owner to postpone a foreclosure sale under this section
applies to a foreclosure by action taken under chapter 581.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to foreclosures with a notice of pendency under Minnesota Statutes, chapter 580,
or a lis pendens for a foreclosure under Minnesota Statutes, chapter 581, recorded on or
after that date.
new text end
Sec. 2.
Minnesota Statutes 2024, section 580.07, subdivision 3, is amended to read:
Subd. 3.
Affidavit form.
The affidavit referred to in subdivision 2 shall be in substantially
the following form and shall contain all of the following information.
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STATE OF
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COUNTY OF
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...................................................................................... (whether one or more, "Owner"),
being first duly sworn on oath, states as follows:
1. (He is) (She is) (They are) the owner(s) or mortgagor(s) of the real property (the
"Property") situated in ................... (Name of) County, Minnesota, legally described in the
attached published Notice of Mortgage Foreclosure Sale (the "Noticenew text begin of Salenew text end ")new text begin or the notice
of postponement under section 580.07, subdivision 1 ("Postponement Notice")new text end , and make
this affidavit for the purpose of postponing the foreclosure sale of the Property new text begin scheduled
for ....... new text end pursuant to Minnesota Statutes, section 580.07, subdivision 2, for five months from
the date scheduled in the attached Notice new text begin of Sale or Postponement Notice new text end if the original
redemption period is six months, or for 11 months if the original redemption period is 12
months.
2. The Property is classified as homestead under Minnesota Statutes, section 273.124,
is occupied by Owner as a homestead, and is improved with not more than four dwelling
units.
3. Owner has elected to shorten Owner's redemption period from any foreclosure sale
of the Property to five weeks in exchange for the postponement of the foreclosure sale for
five months if the original redemption period was six months, or for 11 months if the original
redemption period was 12 months.
..................................................................................... (signature(s) of owner)
Signed and sworn to (or affirmed) before me on .................. (date) by .................................
(name(s) of person(s) making statement).
..................................................................................... (signature of notary public)
Notary Public
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to foreclosures with a notice of pendency under Minnesota Statutes, chapter 580,
or a lis pendens for a foreclosure under Minnesota Statutes, chapter 581, recorded on or
after that date.
new text end