Foreclosures

Find information about the foreclosure sale process and redemption process. Mortgage foreclosures are legal actions taken to foreclose on real estate. This information is not comprehensive. For legal advice, consult an attorney.

Foreclosures are covered by Minnesota Statute 580, Minnesota Statute 581, and Minnesota Statute 582.

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Foreclosure sale process

Sale process

In Hennepin County, sheriff’s deputies conduct foreclosure sales in an open bidding process.

  • Sales are conducted weekdays at the advertised time, at:
    Hennepin County Sheriff’s Office
    Civil unit
    350 South Fifth Street
    Room 30
    Minneapolis, MN 55415
  • The mortgage company’s or plaintiff’s representative will bid first, then other bidders can bid.
  • A successful outside bidder must pay the sheriff’s office the entire amount of their bid with cash or a cashier’s check, made payable to Hennepin County Sheriff, at the time of the sale.
  • The successful outside bidder must also pay a $100 fee.
  • After sheriff’s staff process the sale, the successful bidder must pick up the sheriff’s certificate of sale, and record the certificate in the county recorder / register of titles office.
  • The certificate of sale states the purchaser’s name and bid amount, and includes documentation prepared by the attorney proving statutory requirements have been completed.
  • Most foreclosure sales are subject to a redemption period, usually six months, but can be as short as five weeks or as long as one year.

Types of mortgage foreclosures 

Mortgage foreclosure by advertisement:

  • This is the most common type of foreclosure action, usually based upon some default in the terms of the mortgage.
  • The attorney hired to foreclose a mortgage will prepare the appropriate notice of sale, and arrange for service and publication of the notice.
  • Any questions regarding a sale or arrangements to reinstate a mortgage should be directed to the attorney preparing the sale. The attorney’s telephone number is usually published with the Notice of Sale.

Mortgage foreclosure by action:

  • These sales result from an order from a district court judge for the sheriff to sell a specific parcel of real property.
  • The plaintiff's attorney prepares the notice of sale, and arranges for service and publication of the notice. A posting in three public places is also required: two in Minneapolis City Hall and one on the Public Service Level of the Hennepin County Government Center.

Notices of sale

  • Notices of sale must be published in a qualified newspaper once a week for six weeks prior to a scheduled sale date. 
  • The sheriff’s office does not have a list or calendar of scheduled sales. Attorneys are not legally required to notify our office when they schedule, postpone or cancel a mortgage foreclosure sale by advertisement.

Affidavit of postponement

The mortgagor may be able to postpone a foreclosure sale.

The mortgagor must, at least 15 days before the schedule date:

  1. File an affidavit of postponement with county recorder / registrar of titles
  2. File a recorded copy of the affidavit with the sheriff for a $50 fee
  3. Deliver a recorded copy of the affidavit to the attorney for the lender

The redemption period after a postponed sale is automatically reduced to five weeks.

If you file an affidavit of postponement, be sure to confirm with the attorney foreclosing the mortgage that all of the statutory requirements were met and that the sale is indeed postponed.

Getting help as a homeowner or tenant

  • A notice of foreclosure sale must be served on the occupant of the property at least four weeks before the scheduled sale date.
  • If you’re a tenant, the foreclosure notice will include a foreclosure advice notice to tenant. The advice notice includes the name of an organization you can contact about tenant rights.
  • If you are a homeowner and receive a foreclosure notice, read the foreclosure advice and redemption rights notice to owners.
  • If you need more information or advice, contact an attorney or mortgage foreclosure prevention counselor at an organization mentioned in the notice. Exercise caution if anyone approaches you with an offer to help, since schemes such as “equity stripping” do occur.

Records of sheriff’s sales

Find information about sheriff's sales held in the last twelve months. Sheriff's foreclosure database

Getting a copy of a certificate of sale

For a copy of sheriff’s certificate of sale, contact the Hennepin County Recorder / Registrar of Titles Office at 612-348-5139. The office is in the Hennepin County Government Center, 300 South Sixth Street, Minneapolis, MN 55487.

Redeeming foreclosures

Terms of a redemption 

Most properties sold in a foreclosure can be redeemed by the mortgagor.

  • In most cases, the redemption period is six months or twelve months.
  • A redemption period can be reduced to five weeks by an action taken either before or after a sheriff’s sale.
  • These redemptions are regulated by MInnesota Statute 580, Minnesota Statute 581, and Minnesota Statute 582). Redemptions can be completed either with the sheriff’s office or with the holder of the sheriff’s certificate of sale.

Redemption by mortgagor

To get a certificate of redemption from the sheriff’s office:

1) Submit a written request, either by mail or in person, with a $250 fee to 350 S 5th Street, Room 30, Mpls, MN 55415.

  • We strongly advise you submit your request at least 7-10 days before the anticipated redemption date.
  • To help you make your request, you can use our sample request form (PDF).

2) The sheriff’s office will inform you of the redemption amount.

The redemption amount is determined by:

  • Amount bid at the foreclosure sale.
  • Interest accruing from the date of sale to the date of redemption. This is computed at the rate of interest as stated in the certificate of sale.
  • Additional amounts paid by the purchaser at the foreclosure sale, which can include insurance, taxes, attorney fees, etc. The purchaser must provide an affidavit of allowable costs, if any, to the sheriff.

3) Make payment of the redemption amount to the sheriff’s office. Payment must be made by electronic wire, cash, or a cashier’s check made payable to Hennepin County Sheriff. No other type of funds are accepted.

Deliver funds to 350 South Fifth Street, Room 30, Mpls, MN 55415, on business days between 9 a.m. and 4 p.m.

Redemption by creditor

  • After the mortgagor’s redemption period has expired, and the mortgagor has not redeemed, redemptions may be made by other parties who hold junior liens.
  • This redemption process includes the same steps for redemption by mortgagor, but has additional legal requirements.
  • The creditor must, at least one week before the end of the owner’s redemption period, file a recorded copy of their notice of intent to redeem along with a copy of the lien, with the sheriff’s office, for a fee of $100. See Minnesota Statute 580.24
  • On the same day the creditor delivers redemption funds to the sheriff, the creditor must also deliver an original affidavit identifying their lien and stating the amount due on the lien. See Minnesota Statute 580.25

Non-sheriff redemption

If a certificate of redemption is issued by any party other than the sheriff, file a recorded copy of the certificate, (and, if applicable, affidavit of amount due) with the sheriff’s office. The filing fee is $20.

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