2006 Minnesota Statutes

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.
History: (9631) RL s 4485; 1986 c 444