2005 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 section must not be published.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. 

    HIST: 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.