State Foreclosure Law

Minnesota Foreclosure Laws

Minnesota uses non-judicial foreclosure by advertisement (publication) as the primary method under Minn. Stat. § 580.01 et seq. Before recording the notice of pendency or lis pendens for a covered owner-occupied one-to-four-family dwelling…

Process

Non-Judicial

Out of court, under a power of sale §

Foreclosure Length

Varies

Depends on the case

Homestead Exemption

Up to $510,000, or $1,275,000 if the homestead is used primarily for agricultural purposes; the homestead may include up to 160 acres, and the dollar limits change periodically

Automatic: the owner must file a notice with the county recorder to keep it after more than six consecutive months of not living there · the rule §

Deficiency Judgment

Limited

Allowed (with limitations) §

33 source pages cited · Last checked Mar 10, 2026

Not legal advice. This page provides general information about Minnesota foreclosure law based on cited statutes and rules. Every citation links to the official source for verification. Laws change — readers should confirm current statute text and consult a Minnesota-licensed attorney for situation-specific advice.

Facing foreclosure? The timeline, your rights and your options are laid out in the Minnesota foreclosure guide →

On this page

01 Governing statutes
02 Foreclosure process and your rights
03 Special foreclosure types
04 Lien priority
05 Statute of limitations
06 Probate & inheritance
07 Consumer protection & compliance
08 Legal aid & pro bono resources
09 Find help in Minnesota
10 National foreclosure guides
11 Minnesota distress data

Governing Statutes

Citation	Title	Covers
Minn. Stat. § 580.01 et seq.	Foreclosure of Mortgages by Advertisement (Non-Judicial)	Primary statutory authority for non-judicial foreclosure by advertisement: requisites, counseling information and referral, publication and service requirements, sheriff's sale, and redemption
Minn. Stat. § 580.02	Conditions for Foreclosure by Advertisement	Default must make the power of sale operative; no debt-recovery action may remain pending unless discontinued or execution returned unsatisfied; the mortgage and assignments must be recorded; § 580.021 must be completed before notice of pendency; and § 582.043 must be completed before sale if applicable
Minn. Stat. § 580.021	Foreclosure Prevention Counseling	For a covered owner-occupied one-to-four-family dwelling, the foreclosing party must provide the § 580.022 counseling information before recording notice of pendency or lis pendens and must transmit homeowner contact information to an authorized counseling agency within one week after sending it; the statute sets no fixed waiting period
Minn. Stat. § 580.03	Notice of Sale; Service on Occupant	Requires six weeks of published notice and service of the notice on the person in possession, if the premises are occupied, at least four weeks before sale
Minn. Stat. § 580.04	Requisites of Notice	Specifies the parties, recording information, amount due, property description and street address, sale time and place, redemption period, and required abandoned-property and owner-occupant statements
Minn. Stat. § 580.07; 2026 Minn. Laws ch. 51	Sale — Postponement	The party foreclosing can postpone the sale from time to time; it must publish a notice of the postponement once and mail one to the occupant. For a homestead with one to four units, the owner can postpone the sale by five months (11 months when the redemption period is 12 months) by recording an affidavit at least 15 days before the scheduled sale, which cuts the redemption period to five weeks. A 2026 law extends this to a deceased owner's personal representative or heirs for foreclosures recorded after it took effect.
Minn. Stat. § 580.23	Redemption Period After Sale	6-month redemption period for most residential properties; 12-month period under specified conditions, including premises over 40 acres, certain agricultural property, or an amount due below two-thirds of the original principal; 5-week period for abandoned property under certain conditions
Minn. Stat. § 582.30	Deficiency Judgments	Bars a deficiency judgment after a foreclosure by advertisement with a six-month or five-week redemption period; for mortgages on property used in agricultural production, requires an action with a fair-market-value determination within 90 days after the sale and limits the deficiency to the gap between fair market value and the amount unpaid
Minn. Stat. § 581.01 et seq.	Foreclosure of Mortgages by Action (Judicial)	Alternative judicial foreclosure process by court action; rarely used because non-judicial process is faster; allows court-ordered sale
Minn. Stat. § 510.01–510.09	Homestead Exemption	Homestead exemption up to $510,000, or $1,275,000 if used primarily for agricultural purposes, on up to 160 acres; protects against unsecured creditors, not mortgage lenders

Minnesota Foreclosure Process and Your Rights

Minnesota uses non-judicial foreclosure. State law does not set one typical length from the first notice to the sale. §

Paying to stop the foreclosure: Borrower may reinstate (pay all arrears) at any time before the sheriff's sale. After sale, the borrower can redeem during the redemption period by paying the sale price plus interest, unless the holder of the sheriff's certificate agrees in writing to accept less. §
After the sale: 6 months after the sheriff's sale for most residential properties. 12 months in cases the statute lists, including when the amount claimed due at the notice of sale is less than 66-2/3 percent of the original principal, when the property was over 40 acres when mortgaged, or (unless waived) when it was over 10 but not over 40 acres and in agricultural use. 5 weeks only if a court orders the period shortened because the residential property is abandoned. During the redemption period, the former owner may remain in possession of the property. §
Homestead exemption: Up to $510,000 (Minn. Stat. § 510.02), or $1,275,000 if the homestead is used primarily for agricultural purposes; the homestead may include up to 160 acres, and the dollar limits change periodically. IMPORTANT: The homestead exemption does NOT protect against mortgage foreclosure — the mortgage lender forecloses its security interest regardless of the homestead exemption. The exemption is meaningful protection against unsecured judgment creditors and in bankruptcy proceedings. §
Mediation: Minnesota does not have a statewide foreclosure mediation program.

Step-by-step timeline, your rights at each stage, mediation, options to keep or leave the home, and what happens after the sale: Read the full Minnesota foreclosure guide →

Special Foreclosure Types in Minnesota

Beyond the standard non-judicial foreclosure process, Minnesota law addresses several specialized foreclosure categories.

HOA & Condo Association Foreclosure

HOA and COA assessment liens may be foreclosed in Minnesota.

Procedures vary by statute.

Tax Lien Foreclosure

Property taxes are a perpetual lien on the property (Minn. Stat. § 272.31). §

Land sold to the state at a tax judgment sale generally has a three-year redemption period, or one year in some cases (Minn. Stat. § 281.17).

Lien Priority in Minnesota

Generally first in time, first in right. Minnesota recording statutes govern lien priority.

Consult a local attorney for specific lien priority questions.

Statute of Limitations in Minnesota

Mortgage Foreclosure

15 years §

15-year statute of limitations for mortgage foreclosure, counted from the maturity of the whole debt secured by the mortgage (or from the mortgage date if the mortgage does not clearly state when the debt matures). A foreclosure by advertisement is commenced on the date the notice of sale is first published.

Written Contracts

6 years §

Promissory Note

6 years §

Deficiency Judgment

Varies §

A deficiency judgment is not allowed after a foreclosure by advertisement with a six-month or five-week redemption period. For a mortgage on property used in agricultural production, a deficiency action must be filed within 90 days after the foreclosure sale. Consult a local attorney.

Probate & Inheritance in Minnesota

When a mortgaged property owner dies, foreclosure proceedings interact with the probate process. Minnesota law establishes specific rules for estate notification, heir protections, and the rights of executors to cure defaults.

Pause When the Borrower Dies

State law doesn't pause a foreclosure when the borrower dies, so it can go on during probate.

Notification to Estate

The lender must notify the estate or personal representative before proceeding.

Foreclosure must be served on the estate or personal representative of a deceased borrower.

Heir Protections

Heirs who inherit and occupy the property as a primary residence may qualify as successors in interest under 12 CFR 1024.31 and apply for loss mitigation.

Executor Reinstatement Rights

The executor or personal representative may reinstate the mortgage by curing the default.

Garn-St. Germain Act

Due-on-sale clause may not be enforced against heirs inheriting and occupying the property as a primary residence under Garn-St Germain, 12 U.S.C. 1701j-3.

Uniform Partition of Heirs Property Act (UPHPA)

Not adopted in this state.

Consumer Protection & Compliance in Minnesota

State consumer protection statutes, foreclosure rescue fraud laws, and professional compliance rules that apply to mortgage servicing and foreclosure-related services in Minnesota.

UDAP Statute

Minnesota Consumer Protection Act

Minnesota consumer protection statute applies to deceptive mortgage practices and foreclosure rescue fraud.

Foreclosure Rescue Fraud Laws

General consumer protection laws apply to foreclosure rescue fraud in Minnesota.

Federal FTC Act and CFPB enforcement also apply.

Attorney Advertising Rules

Minnesota Rules of Professional Conduct govern attorney advertising and solicitation.

Lead Generation Restrictions

No Minnesota-specific lead generation statute for foreclosure defense identified beyond professional conduct rules.

Barratry

Barratry statutes apply. Solicitation of foreclosure-related legal work is restricted.

Minnesota professional conduct rules prohibit in-person solicitation of prospective clients in vulnerable circumstances.

Legal Aid & Pro Bono Resources in Minnesota

⚖

Legal Aid Society of Minneapolis

Free foreclosure defense and housing law assistance for income-eligible residents.
mylegalaid.org →
⚖

Mid-Minnesota Legal Aid

Legal services for low-income Minnesotans.
mylegalaid.org →
⚖

Southern Minnesota Regional Legal Services

Free legal aid including foreclosure prevention.
smrls.org →
🏠

HUD-Approved Housing Counselors

Free, federally funded housing counseling agencies in Minnesota. Services include loan modification applications, mediation preparation, and loss mitigation guidance.
Find a counselor in Minnesota →
📞

HUD Housing Counseling Hotline

Free foreclosure prevention counseling.
1-800-569-4287 →
📞

Minnesota Attorney General Consumer Helpline

Report mortgage fraud and consumer protection issues.
1-800-657-3787 →
📞

Minnesota Homeownership Center

Free foreclosure prevention counseling and resources for Minnesota homeowners.
1-866-462-6466 →
📋

Minnesota State Bar Association Lawyer Referral

State bar lawyer referral service.
mnbar.org →

Find Help in Minnesota

We maintain a verified directory of free and low-cost help providers in Minnesota. All are government-approved or federally funded.

32 HUD-approved housing counselors Free foreclosure prevention counseling 3 Legal aid offices Free legal representation for qualifying homeowners 45 Credit counseling agencies DOJ-approved pre-bankruptcy credit counseling 49 Debtor education providers Required post-filing debtor education courses

Browse all 129 providers in Minnesota →

National Foreclosure Guides

These guides explain foreclosure at the federal level — homeowner rights, available options, and recommended steps at each stage. They apply in every state, including Minnesota.

Facing Foreclosure?

Overview of the process, available options, and free help resources

How to Stop Foreclosure

Immediate options — forbearance, modification, legal aid, bankruptcy

Your Rights in Foreclosure

Federal protections under CFPB Regulation X and loss mitigation rules

How Foreclosure Works

Stage-by-stage walkthrough from missed payments to sale

Behind on Your Mortgage?

Options for borrowers who have missed or expect to miss a payment

Bankruptcy & Foreclosure

How Chapter 7 and Chapter 13 can stop or delay foreclosure

Minnesota Distress Data

The American Distress Index tracks household financial distress at the national level. Here are ADI indicators with particular relevance to Minnesota homeowners:

Foreclosure Filings

National trend

National foreclosure filings. Minnesota mainly uses non-judicial foreclosure (trustee's sales outside court).

FHA mortgage delinquency

FHA delinquency rate

Share of FHA loans at least one payment behind, from the Mortgage Bankers Association's quarterly survey.

Foreclosure volume

Foreclosure starts & completions

Monthly foreclosure starts and completions from ATTOM Data Solutions.

Newly late mortgages

Current to 30 days late

Share of mortgages moving from current to 30 days past due, from Cotality (formerly CoreLogic).