2002 Minnesota Statutes

     582.031 Limited right of entry. 

    Subdivision 1.    Right of entry.  If premises described 
 in a mortgage or sheriff's certificate are vacant or unoccupied, 
 the holder of the mortgage or sheriff's certificate or the 
 holder's agents and contractors may, but is under no obligation 
 to, enter upon the premises to protect the premises from waste, 
 until the holder of the mortgage or sheriff's certificate 
 receives notice that the premises are occupied.  The holder of 
 the mortgage or sheriff's certificate does not become a 
 mortgagee in possession by taking actions authorized under this 
 section.  An affidavit of the sheriff, the holder of the 
 mortgage or sheriff's certificate, or a person acting on behalf 
 of the holder, describing the premises and stating that the same 
 are vacant or unoccupied, is prima facie evidence of the facts 
 stated in the affidavit and is entitled to be recorded in the 
 office of the county recorder or the registrar of titles in the 
 county where the premises are located, if it contains a legal 
 description of the premises.  

    Subd. 2.    Authorized actions.  The holder of the 
 mortgage or sheriff's certificate may take the following actions 
 to protect the premises from waste:  install or change locks on 
 doors and windows, board windows, install an alarm system, 
 provide a resident caretaker, and otherwise prevent or minimize 
 damage to the premises from the elements, vandalism, trespass, 
 or other illegal activities.  If the holder of the mortgage or 
 sheriff's certificate installs or changes locks under this 
 section, a key to the premises must be promptly delivered to the 
 mortgagor or any person lawfully claiming through the mortgagor, 
 upon request. 

    Subd. 3.    Costs.  All costs incurred by the holder of 
 the mortgage to protect the premises from waste may be added to 
 the principal balance of the mortgage.  The costs may bear 
 interest to the extent provided in the mortgage and may be added 
 to the redemption price if the costs are incurred after a 
 foreclosure sale.  If the costs are incurred after a foreclosure 
 sale, the purchaser at the foreclosure sale must comply with the 
 provisions of section 582.03.  The provisions of this section 
 are in addition to, and do not limit or replace, any other 
 rights or remedies available to holders of mortgages and 
 sheriff's certificates, at law or under the applicable mortgage 
 agreements. 

    HIST: 1989 c 328 art 3 s 12; 1996 c 286 s 2; 1996 c 367 s 2