559.211 RESTRAINING, ENJOINING PROCEEDINGS TO TERMINATE.
Subdivision 1. Order; proceedings; security.
In an action arising under or in relation to a
contract for the conveyance of real estate or any interest therein, the district court, notwithstanding
the service or publication pursuant to the provisions of section
of a notice of termination
of the contract, has the authority at any time prior to the effective date of termination of the
contract and subject to the requirements of Rule 65 of the Rules of Civil Procedure for the District
Courts to enter an order temporarily restraining or enjoining further proceedings to effectuate
the termination of the contract, including recording of the notice of termination with proof of
service, recording of an affidavit showing noncompliance with the terms of the notice, taking
any action to recover possession of the real estate, or otherwise interfering with the purchaser's
lawful use of the real estate. In the action, the purchaser may plead affirmatively any matter that
would constitute a defense to an action to terminate the contract. Upon a motion for a temporary
restraining order the court has the discretion, notwithstanding any rule of court to the contrary, to
grant the order without requiring the giving of any security or undertaking, and in exercising that
discretion, the court shall consider, as one factor, the moving party's ability to afford monetary
security. Upon a motion for a temporary injunction, the court shall condition the granting of the
order either upon the tender to the court or vendor of installments as they become due under
the contract or upon the giving of other security in a sum as the court deems proper. Upon
written application, the court may disburse from payments tendered to the court an amount the
court determines necessary to insure the timely payment of property taxes, property insurance,
installments of special assessments, mortgage installments, prior contract for deed installments or
other similar expenses directly affecting the real estate, or for any other purpose the court deems
just. If a temporary restraining order or injunction is granted pursuant to this subdivision, the
contract shall not terminate until the expiration of 15 days after the entry of the order or decision
dissolving or modifying the temporary restraining order or injunction.
Subd. 2. Remedies additional.
The remedies provided in this section are in addition to and
do not limit other rights or remedies available to purchasers or vendors of real estate.
Subd. 3. Applicability.
This section is applicable to contracts for the conveyance of real
estate or any interest therein executed before, on and after May 1, 1980.
History: 1980 c 373 s 7; 1998 c 254 art 2 s 61