2007 Minnesota Statutes

580.041 FORECLOSURE ADVICE NOTICE.
    Subdivision 1.[Renumbered subd 1b]
    Subd. 1a. Applicability. This section applies to foreclosure of mortgages under this chapter
on property consisting of one to four family dwelling units, one of which the owner occupies as
the owner's principal place of residency on the date of service of the notice of sale on the owner.
    Subd. 1b. Form and delivery of notice. The notice required by this section must be in
14-point boldface type and must be printed on colored paper that is other than the color of the
notice of foreclosure and that does not obscure or overshadow the content of the notice. The
title of the notice must be in 20-point boldface type. The notice must be on its own page. The
notice required by this section must be delivered with the notice of foreclosure required by
sections 580.03 and 580.04. The notice required by this section also must be delivered with
each subsequent written communication regarding the foreclosure mailed to the mortgagor by
the foreclosing party up to the day of redemption. A foreclosing mortgagee will be deemed to
have complied with this section if it sends the notice required by this section at least once every
60 days during the period of the foreclosure process. The notice required by this section must
not be published.
    Subd. 2. Content of notice. The notice required by this section must appear substantially
as follows:

"Help For Homeowners in Foreclosure

Minnesota law requires that we send you this notice about the foreclosure process. Please
read it carefully.
Mortgage foreclosure is a complex process. Some people may approach you about "saving"
your home. You should be careful about any such promises.
The state encourages you to become informed about your options in foreclosure before
entering into any agreements with anyone in connection with the foreclosure of your home.
There are government agencies and nonprofit organizations that you may contact for
helpful information about the foreclosure process. For the name and telephone number of
an organization near you please call the Minnesota Housing Finance Agency (MHFA) at
(insert telephone number). The state does not guarantee the advice of these agencies.
Do not delay dealing with the foreclosure because your options may become more limited
as time passes."
    Subd. 3. Affidavit. Any person may establish compliance with or inapplicability of this
section by recording, with the county recorder or registrar of titles, an affidavit by a person
having knowledge of the facts, stating that the notice required by this section has been delivered
in compliance with this section or that this section is not applicable because the property
described in the notice of foreclosure did not consist of one to four family dwelling units, one
of which was occupied by the owner as the owner's principal place of residency. The affidavit
and a certified copy of a recorded affidavit shall be prima facie evidence of the facts stated in
the affidavit. The affidavit may be recorded regarding any foreclosure sale, including foreclosure
sales which occurred prior to August 1, 2005, and may be recorded separately or as part of
the record of a foreclosure.
    Subd. 4. Validation of foreclosure sales. No mortgage foreclosure sale under this chapter
shall be invalid because of failure to comply with this section unless an action to invalidate the
sale is commenced and a notice of lis pendens is filed with the county recorder or registrar of
titles within one year after the last day of the redemption period of the mortgagor, the mortgagor's
personal representatives, or assigns. This subdivision shall not affect any action or proceeding
pending on August 1, 2005, or which is commenced before February 1, 2006, in any court of this
state, provided a notice of lis pendens of the action is filed with the county recorder or registrar
of titles before February 1, 2006.
History: 2004 c 263 s 23; 2005 c 10 art 1 s 76; 2005 c 119 s 5-7,9

NOTE: This section, as added by Laws 2004, chapter 263, section 23, expires December
31, 2009. Laws 2004, chapter 263, section 26.