2007 Minnesota Statutes

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 270C.63,
subdivision 11 . 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 recorded 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 recorded
at any time subsequent to the date of the mortgage foreclosure sale.
History: (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; 2005 c 4 s 147; 2005 c 151 art 2 s 17