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Foreclosure sale process
Sale process
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 5th Street, Room 190
Minneapolis, MN 55415
Map
- The mortgage company’s or plaintiff’s representative will bid first. Then others can bid.
- At the time of the sale, the successful outside bidder must pay the entire amount of their bid. They can pay with a cashier’s check payable to Hennepin County Sheriff, or cash.
- The successful outside bidder must also pay a $200 fee.
- Once we process the sale, the successful bidder must pick up the sheriff’s certificate of sale. The bidder must also file it with the Recorder - Registrar of Titles Office.
- Most foreclosure sales are subject to a redemption period, usually 6 months. Other redemption periods are 5 weeks, 2 months, and 12 months.
Types of mortgage foreclosures
Mortgage foreclosure by advertisement
- This is the most common type of foreclosure. It’s usually based on a default in the terms of the mortgage.
- The attorney who forecloses a mortgage prepares the notice of sale. They also arrange for service and publication of the notice.
- For questions about the sale or about reinstating the mortgage, contact the attorney. The attorney’s phone number is usually published with the notice of sale.
Mortgage foreclosure by action
- These sales result from an order from a judge. The order directs the sheriff to sell a specific parcel of real property.
- The plaintiff’s attorney prepares the notice of sale. They also arrange for service and publication of the notice. A posting in 3 public places is also required.
Notices of sale
- The notice of sale must be published in a qualified newspaper once a week for 6 weeks before a scheduled sale date.
- The sheriff’s office does not have a list or calendar of scheduled sales.
- Attorneys are not legally required to tell us when they schedule, postpone or cancel a 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:
- File an affidavit of postponement with county recorder – registrar of titles.
- File a recorded copy of the affidavit with the sheriff for a $50 fee.
- Deliver a recorded copy of the affidavit to the attorney for the lender.
The redemption period after a postponed sale is automatically reduced to 5 weeks.
If you file an affidavit of postponement, confirm with the foreclosure attorney that:
- All statutory requirements are met
- The sale is indeed postponed
Help for homeowners and tenants
- A notice of foreclosure sale must be served on the property occupants. This must be done at least 4 weeks before the scheduled sale date.
- Homeowners should read the foreclosure advice and redemption rights notice.
- Tenants should read the foreclosure advice notice to tenants.
- Contact an organization named in the notice if you need more help, or contact an attorney.
- To avoid scams, use caution if anyone approaches you with an offer to help.
Records of sheriff’s foreclosure sales
Search records for the last 12 months.
Get a copy of a sheriff’s certificate of sale
Certificates of sale are recorded in the Recorder – Registrar of Titles office.
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