HF 1489

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:51am

A bill for an act
relating to real property; mortgages; providing for notice of sale and
postponement; amending Minnesota Statutes 2008, sections 580.03; 580.07.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 580.03, is amended to read:

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 the published notice and notice of the date and
time by 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 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
notice required by sections 580.041 and 580.042 must be served simultaneously with the
notice of foreclosure required by this section.

Sec. 2.

Minnesota Statutes 2008, section 580.07, is amended to read:

580.07 POSTPONEMENT.

(a) The sale may be postponed, from time to time, by the party conducting the
foreclosure, by inserting. The party requesting the postponement must, at the party's
expense:

(1) publish, only once, a notice of the postponement and the rescheduled date of the
sale, if known, as soon as practicable, in the newspaper in which the original advertisement
notice under section 580.03 was published, at the expense of the party requesting the
postponement. The notice shall be published only once.; and

(2) send by first class mail to the occupant, or occupants, if any, postmarked within
three days of the postponed sale, notice:

(i) of the postponement; and

(ii) if known, the rescheduled date of the sale and the date and time by 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.

(b) If the rescheduled date of the sale is not known at the time of the initial
publication and notice to the occupant or occupants of postponement, the foreclosing party
must, at its expense, if and when a new date is scheduled:

(1) publish, only once, notice of the rescheduled date of the sale, as soon as
practicable, in the newspaper in which the notice under section 580.03 and the notice of
postponement under paragraph (a) was published; and

(2) send by first class mail to the occupant, or occupants, if any, postmarked within
ten days of the rescheduled sale, notice:

(i) of the date of the rescheduled sale; and

(ii) of the date and time by 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.