1.1 A bill for an act
1.2 relating to mortgages; modifying provisions governing postponement of foreclosure
1.3 by sale; amending Minnesota Statutes 2024, sections 580.07, subdivisions 1, 2;
1.4 581.02.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2024, section 580.07, subdivision 1, is amended to read:
1.7 Subdivision 1.Postponement by mortgagee.(a) The sale may be postponed, from time
1.8to time, by the party conducting the foreclosure. The party requesting the postponement
1.9must, at the party's expense:
1.10 (1) publish, only once, a notice of the postponement and the rescheduled date of the sale,
1.11if known, as soon as practicable, in the newspaper in which the notice under section 580.03
1.12was published; and
1.13 (2) send by first class mail to the occupant, postmarked within three business days of
1.14the postponed sale, notice:
1.15 (i) of the postponement; and
1.16 (ii) if known, of the rescheduled date of the sale and the date on or before which the
1.17mortgagor must vacate the property if the sheriff's sale is not further postponed, the mortgage
1.18is not reinstated under section 580.30, the property is not redeemed under section 580.23,
1.19or the redemption period is not reduced under section 582.032. The notice must state that
1.20the time to vacate the property is 11:59 p.m. on the specified date.
1Section 1.
REVISOR RSI H1224-1HF1224 FIRST ENGROSSMENT
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 1224
NINETY-FOURTH SESSION
Authored by Freiberg02/20/2025
The bill was read for the first time and referred to the Committee on Judiciary Finance and Civil Law
Adoption of Report: Amended and re-referred to the Committee on Commerce Finance and Policy03/24/2025 2.1 (b) If the rescheduled date of the sale is not known at the time of the initial publication
2.2and notice to the occupant of postponement, the foreclosing party must, at its expense if
2.3and when a new date of sale is scheduled:
2.4 (1) publish, only once, notice of the rescheduled date of the sale, as soon as practicable,
2.5in the newspaper in which the notice under section 580.03 and the notice of postponement
2.6under paragraph (a) was published; and
2.7 (2) send by first class mail to the occupant, postmarked within ten days of the rescheduled
2.8sale, notice:
2.9 (i) of the date of the rescheduled sale; and
2.10 (ii) of the date on or before which the mortgagor must vacate the property if the mortgage
2.11is not reinstated under section 580.30 or the property redeemed under section 580.23. The
2.12notice must state that the time to vacate the property is 11:59 p.m. on the specified date.
2.13 (c) The right of a mortgagee to postpone a foreclosure sale under this section applies to
2.14a foreclosure by action taken under chapter 581.
2.15 EFFECTIVE DATE.This section is effective August 1, 2025, for judicial foreclosures
2.16with the lis pendens recorded on or after the effective date.
2.17 Sec. 2. Minnesota Statutes 2024, section 580.07, subdivision 2, is amended to read:
2.18 Subd. 2.Postponement by mortgagor or owner.(a) If all or a part of the property to
2.19be sold is classified as homestead under section 273.124 and contains one to four dwelling
2.20units, the mortgagor or owner may, in the manner provided in this subdivision, postpone
2.21the sale to the first date that is not a Saturday, Sunday, or legal holiday and is:
2.22 (1) five months after the originally scheduled date of sale if the original redemption
2.23period was six months under section 580.23, subdivision 1; or
2.24 (2) 11 months after the originally scheduled date of sale if the original redemption period
2.25was 12 months under section 580.23, subdivision 2. To postpone a foreclosure sale pursuant
2.26to this subdivision, at any time after the first publication of the notice of mortgage foreclosure
2.27sale under section 580.03 but at least 15 days prior to the scheduled sale date specified in
2.28that notice, the mortgagor shall: (1) execute a sworn affidavit in the form set forth in
2.29subdivision 3, (2) record the affidavit in the office of each county recorder and registrar of
2.30titles where the mortgage was recorded, and (3) file with the sheriff conducting the sale and
2.31deliver to the attorney foreclosing the mortgage a copy of the recorded affidavit, showing
2.32the date and office in which the affidavit was recorded. Recording of the affidavit and
2Sec. 2.
REVISOR RSI H1224-1HF1224 FIRST ENGROSSMENT 3.1postponement of the foreclosure sale pursuant to this subdivision shall automatically reduce
3.2the mortgagor's redemption period under section 580.23 to five weeks. The postponement
3.3of a foreclosure sale pursuant to this subdivision does not require any change in the contents
3.4of the notice of sale, service of the notice of sale if the occupant was served with the notice
3.5of sale prior to postponement under this subdivision, or publication of the notice of sale if
3.6publication was commenced prior to postponement under this subdivision, notwithstanding
3.7the service and publication time periods specified in section 580.03, but the sheriff's
3.8certificate of sale shall indicate the actual date of the foreclosure sale and the actual length
3.9of the mortgagor's redemption period. No notice of postponement need be published. An
3.10affidavit complying with subdivision 3 shall be prima facie evidence of the facts stated
3.11therein, and shall be entitled to be recorded. The right to postpone a foreclosure sale pursuant
3.12to this subdivision may be exercised only once, regardless whether the mortgagor reinstates
3.13the mortgage prior to the postponed mortgage foreclosure sale.
3.14 (b) If the automatic stay under United States Code, title 11, section 362, applies to the
3.15mortgage foreclosure after a mortgagor or owner requests postponement of the sheriff's sale
3.16under this section, then when the automatic stay is no longer applicable, the mortgagor's or
3.17owner's election to shorten the redemption period to five weeks under this section remains
3.18applicable to the mortgage foreclosure.
3.19 (c) Except for the circumstances set forth in paragraph (b), this section does not reduce
3.20the mortgagor's redemption period under section 580.23 for any subsequent foreclosure of
3.21the mortgage.
3.22 (d) The right of a mortgagor or owner to postpone a foreclosure sale under this section
3.23applies to a foreclosure by action taken under chapter 581.
3.24 EFFECTIVE DATE.This section is effective August 1, 2025, for judicial foreclosures
3.25with the lis pendens recorded on or after the effective date.
3.26 Sec. 3. Minnesota Statutes 2024, section 581.02, is amended to read:
3.27 581.02 APPLICATION, CERTAIN SECTIONS.
3.28 (a) The provisions of sections 580.08, 580.09, 580.12, 580.22, 580.25, and 580.27, so
3.29far as they relate to the form of the certificate of sale, shall apply to and govern the
3.30foreclosure of mortgages by action.
3.31 (b) Section 580.07 applies to actions for the foreclosure of mortgages taken under this
3.32chapter.
3Sec. 3.
REVISOR RSI H1224-1HF1224 FIRST ENGROSSMENT 4.1 EFFECTIVE DATE.This section is effective August 1, 2025, for judicial foreclosures
4.2with the lis pendens recorded on or after the effective date.
4Sec. 3.
REVISOR RSI H1224-1HF1224 FIRST ENGROSSMENT