2006 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.
History: 1989 c 328 art 3 s 12; 1996 c 286 s 2; 1996 c 367 s 2