2003 Minnesota Statutes

CHAPTER 580. Mortgages; foreclosure by advertisement

     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.  

    HIST: (9602) RL s 4457; 1953 c 277 s 1 

     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.  

    HIST: (9603) RL s 4458 

     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.  

    HIST: (9604) RL s 4459 

  580.031 Repealed, 1983 c 215 s 16; 1984 c 474 s 7; 1985 c 
  306 s 26; 1987 c 292 s 36; 1989 c 350 art 16 s 7; 1990 c 575 s 
  11 

     580.032 Request for notice; mailed notice. 

    Subdivision 1.    Filing request for notice.  A person 
 having a redeemable interest in real property under section 
 580.23 or 580.24, may file for record a request for notice of a 
 mortgage foreclosure by advertisement with the county recorder 
 or registrar of titles of the county where the property is 
 located.  To be effective for purposes of this section, a 
 request for notice must be filed for record as a separate and 
 distinct document, except a mechanic's lien statement filed for 
 record pursuant to section 514.08 also constitutes a request for 
 notice if the mechanic's lien statement includes a legal 
 description of the real property and the name and mailing 
 address of the mechanic's lien claimant. 

    Subd. 2.    Content requirements.  A request for notice 
 must specify:  (1) the name and mailing address of the person 
 requesting notice; (2) a legal description of the real property; 
 (3) a description of the person's redeemable interest including, 
 if applicable, the date and recording information of the 
 document creating the interest; and (4) a request for notice of 
 a mortgage foreclosure by advertisement.  The request must be 
 executed and acknowledged by the person requesting notice. 

    Subd. 3.    Notice of pendency.  A person foreclosing a 
 mortgage by advertisement shall file for record a notice of the 
 pendency of the foreclosure with the county recorder or 
 registrar of titles in the county in which the property is 
 located before the first date of publication of the foreclosure 
 notice but not more than six months before the first date of 
 publication. 

    Subd. 4.    Mailed notice.  A person foreclosing a 
 mortgage by advertisement shall mail, at least 14 days before 
 the date of sale, a copy of the notice of sale to each person 
 requesting notice in a recorded request for notice at the 
 address specified in the recorded request for notice.  Mailed 
 notice is deemed given upon deposit in the United States mail 
 first class, postage prepaid, and addressed to the person 
 requesting notice.  Notice need not be mailed to a person:  (1) 
 whose request for notice was recorded before the recording of 
 the mortgage being foreclosed or after the recording of the 
 notice of pendency provided in subdivision 3; (2) served 
 pursuant to section 580.03; or (3) who no longer has a 
 redeemable interest. 

    Subd. 5.    Effect of failure to mail notice.  If a 
 person foreclosing a mortgage by advertisement fails to mail a 
 notice of the sale in accordance with subdivision 4, the failure 
 does not invalidate the foreclosure. 

    Subd. 6.    Remedies.  If notice of the sale is not 
 mailed in accordance with subdivision 4 to a person with a 
 properly recorded request for notice, the person requesting 
 notice has a cause of action against the person foreclosing the 
 mortgage for money damages for the lesser of:  (1) the equity in 
 the mortgaged premises that would have been available to the 
 person if the person had redeemed; or (2) the value of the 
 person's redeemable interest.  The value of a lien holder's 
 redeemable interest is the amount due on and secured by the 
 lien.  The person requesting notice has the burden of proving 
 that the notice of the sale was not mailed in accordance with 
 subdivision 4 and that the person requesting notice had a valid 
 redeemable interest in the mortgaged premises, had measurable 
 damages, had the financial ability to redeem, and did not have 
 actual notice of the sale at least 60 days before expiration of 
 the mortgagor's period of redemption.  An action for damages 
 resulting from failure to mail notice must be brought within two 
 years of the date of the sheriff's sale. 

    Subd. 7.    Exception to damage claim.  Notwithstanding 
 subdivision 6, if notice was not mailed in accordance with 
 subdivision 4 to a person requesting notice, the requester has 
 no cause of action against the person foreclosing the mortgage 
 if at least 60 days before the mortgagor's period of redemption 
 expires, a copy of the sheriff's certificate of sale is mailed 
 in the manner provided in this section to the person requesting 
 notice. 

    Subd. 8.    No color of title.  The recording of a 
 request for notice by itself does not give the person requesting 
 notice any interest in the mortgaged premises for any purpose.  
 A recorded request for notice does not constitute actual or 
 constructive notice of any interest in the real property. 

    Subd. 9.    Effective date.  This section is effective 
 August 1, 1992.  This section applies only to mortgages 
 foreclosed by advertisement when the first date of publication 
 is after January 1, 1993. 

    HIST: 1992 c 463 s 32; 1993 c 6 s 3; 1993 c 40 s 1 

     580.04 Requisites of notice. 

    Each notice shall specify: 

    (1) the name of the mortgagor and of the mortgagee, and of 
 the assignee of the mortgage, if any, and the original principal 
 amount secured by said 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 thereon, and taxes, if 
 any, paid by the mortgagee at the date of the notice; 

    (4) a description of the mortgaged premises, conforming 
 substantially to that contained in the mortgage; 

    (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) if the party foreclosing the mortgage desires to 
 preserve the right to reduce the redemption period under section 
 582.032 after the first publication of the notice, the notice 
 must also state 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." 

    HIST: (9605) RL s 4460; 1967 c 248 s 1; 1986 c 444; 1989 c 328 
 art 3 s 6; 1Sp1989 c 2 s 6 

     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. 

    HIST: 1988 c 421 s 1 

     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.  

    HIST: (9606) RL s 4461; 1986 c 444 

     580.06 Sale, how and by whom made.  

    The sale shall be made by the sheriff or the sheriff's 
 deputy at public vendue 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 the setting of the sun.  

    HIST: (9607) RL s 4462; 1986 c 444 

     580.07 Postponement. 

    The sale may be postponed, from time to time, by the party 
 conducting the foreclosure, by inserting a notice of the 
 postponement, as soon as practicable, in the newspaper in which 
 the original advertisement was published, and continuing the 
 publication until the time to which the sale is postponed, at 
 the expense of the party requesting the postponement.  

    HIST: (9608) RL s 4463; 1993 c 6 s 4 

     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.  

    HIST: (9609) RL s 4464 

     580.09 Foreclosure of installment; sale; proceeds; 
  redemption.  

    Where a mortgage is given to secure the payment of money by 
 installments, each installment, either for principal or 
 interest, or both, as is due at any time, may be taken and 
 deemed to be a separate and independent mortgage, and such 
 mortgage for each such installment may be foreclosed by 
 advertisement or by action, in the same manner and with like 
 effect as if a separate mortgage were given for each of such 
 installments, and such foreclosure may be made and sale had 
 subject to the installments yet to become due upon the mortgage; 
 and a redemption from any such sale shall have the like effect 
 as if the sale for such installment had been made upon an 
 independent subsequent mortgage; provided in such cases the 
 attorney's fee on the foreclosure so made shall not exceed the 
 amount permitted by law in case of a mortgage securing the 
 amount of the debt then due on such foreclosure.  The proceeds 
 of the sale shall be applied first in payment of the costs of 
 the foreclosure sale, and of the installment due, with interest 
 thereon, taxes and insurance premiums paid, if any, and then 
 towards the payment of the residue of the sum secured by such 
 mortgage, and not due and payable at the time of such sale; and, 
 if such residue does not bear interest, such application shall 
 be made with rebate of the legal interest for the time during 
 which the residue shall not be due and payable; and the surplus, 
 if any, shall be paid to the subsequent lienors, if any, in the 
 order of their priority, and then to the owner of the equity of 
 redemption, the owner's legal representatives or assigns.  In 
 case of redemption from any sale herein authorized, at the 
 option of the redemptioner, the whole amount remaining unpaid on 
 the mortgage, with interest and other items, if any, which have 
 become part of the amount secured by the lien of the mortgage, 
 may be included in the amount paid on redemption and, in such 
 event, the redemption so made shall have like effect as if the 
 foreclosure sale had been made for the entire amount secured by 
 the mortgage, including such additional items.  

    Before any sale herein authorized, the holder of the 
 mortgage shall file with the sheriff a verified itemized 
 statement in writing showing the entire amount remaining unpaid 
 on the mortgage, including taxes and insurance premiums paid and 
 other items which have become part of the amount secured, and 
 the rate of interest to accrue on same, which statement shall be 
 subject to public inspection and shall be read by the sheriff at 
 the sale, immediately after reading the notice of sale.  The 
 certificate of sale shall set forth correctly, in addition to 
 the amount of sale, the remaining amount still unpaid on and 
 secured by the mortgage, subject to which the sale is made, and 
 the rate of interest to accrue on same.  If, during the time to 
 redeem from the sale, any additional or other item, other than 
 interest at the rate so stated in the certificate, shall attach 
 to such amount subject to which the sale was made, or any change 
 shall occur in such amount or the rate of interest thereon, the 
 facts with respect thereto shall be set forth by affidavit, made 
 and filed for record, and a copy furnished the sheriff, in 
 accordance with the provisions of section 582.03, and the 
 provisions of that section shall apply thereto.  

    HIST: (9610) RL s 4465; 1925 c 280 s 1; 1986 c 444 

     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.  

    HIST: (9611) RL s 4466; 1986 c 444 

     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.  

    HIST: (9612) RL s 4467; 1986 c 444 

     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; and 

    (5) 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. 

    HIST: (9613) RL s 4468; 1986 c 444; 1989 c 328 art 3 s 7; 1994 
 c 388 art 1 s 6 

     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. 

    HIST: (9616) RL s 4470; 1976 c 181 s 2 

     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.  

    HIST: (9617) RL s 4471; 1986 c 444 

     580.15 Perpetuating evidence of sale. 

    Any party desiring to perpetuate the evidence of any sale 
 made in pursuance of this chapter may procure: 

    (1) an affidavit of the publication of the notice of sale 
 and of any notice of postponement to be made by the printer of 
 the newspaper in which the same was inserted or by some person 
 in the printer's employ knowing the facts; 

    (2) an affidavit or return of service of such notice upon 
 the occupant of the mortgaged premises to be made by the officer 
 or person making such service or, in case the premises were 
 vacant or unoccupied at the time the service must be made, an 
 affidavit or return showing that fact, to be made by the officer 
 or person attempting to make such service; 

    (3) an affidavit by the person foreclosing the mortgage, or 
 that person's attorney, or someone knowing the facts, setting 
 forth the facts relating to the military service status of the 
 owner of the mortgaged premises at the time of sale; 

    (4) an affidavit by the person foreclosing the mortgage, or 
 that person's attorney, or someone having knowledge of the 
 facts, setting forth the fact of service of notice of sale upon 
 the secretary of the treasury of the United States or the 
 secretary's delegate in accordance with the provisions of 
 Section 7425 of the Internal Revenue Code of 1954 as amended by 
 Section 109 of the Federal Tax Lien Act of 1966, and also 
 setting forth the fact of service of notice of sale upon the 
 commissioner of revenue of the state of Minnesota in accordance 
 with the provisions of section 270.69, subdivision 7.  Any such 
 affidavit recorded prior to May 16, 1967 shall be effective as 
 prima facie evidence of the facts therein contained as though 
 recorded subsequent to May 16, 1967; 

    (5) an affidavit by the person foreclosing the mortgage, or 
 that person's attorney, or someone having knowledge of the 
 facts, setting forth the names of the persons to whom a notice 
 of sale was mailed as provided by section 580.032. 

    Such affidavits and returns shall be recorded by the county 
 recorder and they and the records thereof, and certified copies 
 of such records, shall be prima facie evidence of the facts 
 therein contained. 

    The affidavit provided for in clause (3) hereof may be made 
 and filed for record for the purpose of complying with the 
 provisions of the Soldiers' and Sailors' Civil Relief Act of 
 1940, passed by the Congress of the United States and approved 
 on October 17, 1940, and may be made and filed for record at any 
 time subsequent to the date of the mortgage foreclosure sale. 

    HIST: (9618) RL s 4472; 1941 c 477 s 1; 1967 c 428 s 1; 1976 c 
 181 s 2; 1982 c 523 art 2 s 48; 1986 c 444; 1992 c 463 s 33 

     580.16 Entry in record. 

    A note referring to the page and book where the evidence of 
 any such sale is recorded shall be made by the recorder in the 
 margin of the record of the mortgage. 

    HIST: (9619) RL s 4473; 1976 c 181 s 2 

     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 file for 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.  

    HIST: (9620) RL s 4474; 1976 c 181 s 2; 1983 c 93 s 2; 1986 c 
 444 

     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.  

    HIST: (9621) RL s 4475; 1986 c 444 

     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.  

    HIST: (9622) RL s 4476; 1986 c 444 

     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, insane persons, idiots, 
 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.  

    HIST: (9623) RL s 4477 

     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.  

    HIST: (9624) RL s 4478 

     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.  

    HIST: (9625) RL s 4479 

     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.  

    HIST: 1986 c 398 art 19 s 2 

     580.23 Redemption by mortgagor; affidavit of 
  nonagricultural use; waiver. 

    Subdivision 1.    Six-month redemption period.  When 
 lands have been sold in conformity with the preceding sections 
 of this chapter, the mortgagor, the mortgagor's personal 
 representatives or assigns, within six months after such sale, 
 except as otherwise provided in subdivision 2 or section 582.032 
 or 582.32, may redeem such lands, as hereinafter provided, by 
 paying the sum of money for which the same were sold, with 
 interest from the time of sale at the rate provided to be paid 
 on the mortgage debt and, if no rate be provided in the mortgage 
 note, at the rate of six percent per annum, together with any 
 further sums which may be payable as provided in sections 582.03 
 and 582.031.  

    Subd. 2.    12-month redemption period.  Notwithstanding 
 the provisions of subdivision 1 hereof, when lands have been 
 sold in conformity with the preceding sections of this chapter, 
 the mortgagor, the mortgagor's personal representatives or 
 assigns, within 12 months after such sale, may redeem such lands 
 in accordance with the provisions of payment of subdivision 1 
 thereof, if: 

    (1) the mortgage was executed prior to July 1, 1967; 

    (2) the amount claimed to be due and owing as of the date 
 of the notice of foreclosure sale is less than 66-2/3 percent of 
 the original principal amount secured by the mortgage; 

    (3) the mortgage was executed prior to July 1, 1987, and 
 the mortgaged premises, as of the date of the execution of the 
 mortgage, exceeded ten acres in size; 

    (4) the mortgage was executed prior to August 1, 1994, and 
 the mortgaged premises, as of the date of the execution of the 
 mortgage, exceeded ten acres but did not exceed 40 acres in size 
 and was in agricultural use as defined in section 40A.02, 
 subdivision 3; 

    (5) the mortgaged premises, as of the date of the execution 
 of the mortgage, exceeded 40 acres in size; or 

    (6) the mortgage was executed on or after August 1, 1994, 
 and the mortgaged premises, as of the date of the execution of 
 the mortgage, exceeded ten acres but did not exceed 40 acres in 
 size and was in agricultural use.  For purposes of this clause, 
 "in agricultural use" means that at least a portion of the 
 mortgaged premises was classified for ad valorem tax purposes as:

    (i) class 2a agricultural homestead property under section 
 273.13, subdivision 23; 

    (ii) class 2b rural or agricultural nonhomestead property 
 under section 273.13, subdivision 23; 

    (iii) class 1b agricultural homestead property under 
 section 273.13, subdivision 22; or 

    (iv) exempt wetlands under section 272.02, subdivision 11. 

    Subd. 3.    Affidavit of nonagricultural use.  (a) With 
 respect to mortgages executed prior to August 1, 1994, an 
 affidavit signed by the mortgagor and a certificate signed by 
 the county assessor where the land is located stating that the 
 mortgaged premises as legally described in the affidavit and 
 certificate are not in agricultural use as defined in section 
 40A.02, subdivision 3, may be recorded in the office of the 
 county recorder or registrar of titles where the property is 
 located and are prima facie evidence of the facts contained in 
 the affidavit and certificate. 

    (b) With respect to mortgages executed on or after August 
 1, 1994, an affidavit signed by the mortgagor and a certificate 
 signed by the county assessor where the land is located, stating 
 that the mortgaged premises as legally described in the 
 affidavit and certificate are not in agricultural use, may be 
 recorded in the office of the county recorder or registrar of 
 titles where the property is located and are prima facie 
 evidence of the facts contained in the affidavit and 
 certificate.  For purposes of this paragraph, "not in 
 agricultural use" means that no portion of the mortgaged 
 premises, as legally described in the affidavit or certificate, 
 is currently classified for ad valorem tax purposes in any 
 classification listed in subdivision 2, clause (6), item (i), 
 (ii), (iii), or (iv). 

    Subd. 4.    Waiver; 12-month redemption for ag use.  A 
 mortgagor, before or at the time of granting a mortgage executed 
 on or after August 1, 1994, may waive in writing the mortgagor's 
 right under subdivision 2, clause (6), to have a 12-month 
 redemption period based upon the premises being in agricultural 
 use as of the date of execution of the mortgage.  The written 
 waiver must be either a document separate from the mortgage or a 
 separately executed and acknowledged addendum to the mortgage on 
 a separate page.  If the written waiver is a separate document, 
 it must be in recordable form and must either recite the 
 recorded or filed document number of the mortgage or recite the 
 names of the mortgagor and mortgagee, the legal description of 
 the mortgaged property, and the date of the mortgage.  If the 
 written waiver is a separate document, it must be recorded in 
 the office of the county recorder or filed in the office of the 
 registrar of titles no later than ten days after the recording 
 or filing of the mortgage.  Where there is a waiver of the 
 rights under subdivision 2, clause (6), the redemption period in 
 subdivision 1 applies. 

    HIST: (9626) RL s 4480; 1967 c 248 s 2; 1982 c 473 s 29; 1986 
 c 398 art 19 s 3; 1986 c 444; 1987 c 230 s 1,2; 1989 c 328 art 3 
 s 8; 1993 c 40 s 2; 1994 c 587 art 5 s 26 

     580.24 Redemption by creditor. 

    If no such redemption be made by the mortgagor, the 
 mortgagor's personal representatives or assigns, the senior 
 creditor having a lien, legal or equitable, upon the mortgaged 
 premises, or some part thereof, subsequent to the mortgage, may 
 redeem within seven days after the expiration of the redemption 
 period determined under section 580.23 or 582.032, whichever is 
 applicable; and each subsequent creditor having a lien in 
 succession, according to priority of liens, within seven days 
 after the time allowed the prior lienholder, respectively, may 
 redeem by paying the amount aforesaid and all liens prior to the 
 lienholder's own held by the person from whom redemption is 
 made; provided that no creditor shall be entitled to redeem 
 unless within the period allowed for redemption by the 
 mortgagor, the creditor file for record notice of intention to 
 redeem with the county recorder or registrar of titles of each 
 county where the mortgage is recorded.  Saturdays, Sundays, 
 legal holidays, and the first day following the expiration of 
 the prior redemption period must be included in computing the 
 seven-day redemption period.  When the last day of the period 
 falls on Saturday, Sunday, or a legal holiday, that day must be 
 omitted from the computation.  All mechanic's lienholders who 
 have coordinate liens shall have one combined seven-day period 
 to redeem.  

    HIST: (9627) RL s 4481; 1967 c 248 s 3; 1976 c 181 s 2; 1983 c 
 99 s 3; 1986 c 444; 1989 c 328 art 3 s 9; 1998 c 262 s 10; 2000 
 c 320 s 6 

     580.25 Redemption, how made. 

    Redemption shall be made as follows. 

    The person desiring to redeem shall pay to the person 
 holding the right acquired under such sale, or for that person 
 to the sheriff who made the sale, or a successor in office, the 
 amount required by law for such redemption, and shall produce to 
 such person or officer: 

    (1) a copy of the docket of the judgment, or of the deed or 
 mortgage, or of the record or files evidencing any other lien 
 under which the person claims a right to redeem, certified by 
 the officer in whose custody such docket, record, or files shall 
 be, or the original deed or mortgage, with the certificate of 
 record endorsed thereon; 

    (2) any assignment necessary to establish the person's 
 claim, verified by the affidavit of that person or a subscribing 
 witness thereto, or some person acquainted with the signature of 
 the assignor.  If the redemption is under an assignment of a 
 judgment, the assignment shall be filed in the court rendering 
 the judgment, as provided by law, and the person so redeeming 
 shall produce a certified copy thereof and of the record of its 
 filing, and the copy of the docket shall show that the proper 
 entry was made upon the docket; 

    (3) an affidavit of the person or the person's agent, 
 showing the amount then actually due on the person's lien. 

    Within 24 hours after such redemption is made, the person 
 redeeming shall cause the documents so required to be produced 
 to be filed with the county recorder, or registrar of titles, 
 who shall be entitled to receive fees as prescribed in section 
 357.18 or 508.82.  If such redemption shall be made at any place 
 other than the county seat, it shall be sufficient forthwith to 
 deposit such documents in the nearest post office, addressed to 
 such recorder or registrar of titles, with the postage prepaid. 

    HIST: (9628) RL s 4482; 1976 c 181 s 2; 1983 c 99 s 4; 1986 c 
 444 

     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 year allowed 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.  

    HIST: (9629) RL s 4483; 1986 c 444 

     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.  

    HIST: (9630) RL s 4484; 1986 c 444 

     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, 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.  

    HIST: (9631) RL s 4485; 1986 c 444 

     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 filed for record with the 
 county recorder. 

    HIST: (9632) 1923 c 355 s 1; 1927 c 413; 1943 c 395 s 1; 1976 
 c 181 s 2; 1986 c 444 

     580.30 Mortgages, when reinstated.  

    In any proceedings for the foreclosure of a real estate 
 mortgage, whether by action or by advertisement, if at any time 
 before the sale of the premises under such foreclosure the 
 mortgagor, the owner, or any holder of any subsequent 
 encumbrance or lien, or any one for them, shall pay or cause to 
 be paid to the holder of the mortgage so being foreclosed, or to 
 the attorney foreclosing the same, or to the sheriff of the 
 county, the amount actually due thereon and constituting the 
 default actually existing in the conditions of the mortgage at 
 the time of the commencement of the foreclosure proceedings, 
 including insurance, delinquent taxes, if any, upon the 
 premises, interest to date of payment, cost of publication and 
 services of process or notices, attorney's fees not exceeding 
 $150 or one-half of the attorney's fees authorized by section 
 582.01, whichever is greater, together with other lawful 
 disbursements necessarily incurred in connection with the 
 proceedings by the party foreclosing, then, and in that event, 
 the mortgage shall be fully reinstated and further proceedings 
 in such foreclosure shall be thereupon abandoned.  

    HIST: (9633) 1923 c 327 s 1; 1957 c 182 s 1; 1971 c 833 s 1