2001 Minnesota Statutes

     582.01 Attorney's fees. 

    Subdivision 1.    Contractual fees.  The mortgagor may, 
 in the mortgage, covenant to pay or authorize the mortgagee to 
 retain an attorney's fee in case of foreclosure; but such fees 
 in case of foreclosure by advertisement shall not exceed the 
 following amounts, and any provision for fees in excess thereof 
 shall be void to the extent of the excess: 

  
                             Date of execution of mortgage 
    The original                                           
     principal                      After                  
       amount                    June 1, 1953              
     secured by        Before     and before      After    
    the mortgage    June 2, 1953 June 1, 1971 May 31, 1971 
   Less than $500       $25           $50           $150   
     $500-$1,000         50            75            150   
   $1,000-$5,000         75           125            150   
   $5,000-$10,000       100           175            225   
  Exceeding $10,000     200        225 plus          275   
                                   $50 for           plus  
                                     each          $35 for 
                                  additional         each  
                                  $10,000 or     additional
                                     major        $5,000 or
                                    fraction         major 
                                    thereof        fraction
                                                    thereof

    Subd. 1a.    Foreclosure by advertisement.  
 Notwithstanding subdivision 1 to the contrary, the minimum fee 
 for foreclosure by advertisement of mortgages executed after 
 July 31, 1992, is $500. 

    Subd. 2.    Foreclosure by action.  The court shall 
 establish the amount of the attorney's fee in case of 
 foreclosure by action.  

    Subd. 3.    When default less than 30 days.  If at the 
 time of the commencement of the foreclosure proceedings, all of 
 the items constituting said default were less than 30 days past 
 due, then upon redemption the mortgagor shall not be required to 
 pay the attorney's fee authorized in this section.  This 
 subdivision shall apply only to mortgages executed after May 31, 
 1971.  

    HIST: (9646) RL s 4499; 1953 c 454 s 1; 1971 c 833 s 2; 1992 c 
 463 s 34