- Who sends it
- The district court, on the complaint of the buyer at the sheriff's sale or whoever now holds title
- What it starts
- A court hearing 7 to 14 days after the summons is issued
- Do this first
- Mark the hearing date, call legal aid or visit LawHelpMN, and plan to appear
What this document is in Minnesota
Minn. Stat. § 504B.285, subd. 1 lets the person entitled to the home recover possession by eviction when someone holds over after the redemption period on a mortgage foreclosure ends. The case starts with a complaint, and the court issues a summons with a copy of the complaint attached (Minn. Stat. § 504B.321).
The summons must give the date, time and place of the hearing and how to appear remotely if allowed. It must say: "You have the right to seek legal help or request a reasonable accommodation from the court for your hearing," and point you to Legal Aid and www.LawHelpMN.org, and to 2-1-1 for financial help.
If your foreclosure notice was for an owner-occupied single-family home, it already told you the move-out date, at 11:59 p.m. on the last day of redemption (Minn. Stat. § 580.04(b)).
What it does and does not mean
- It is not an order to leave. Only a judge's order, carried out by an officer, can remove you.
- At the hearing in the summons, you may answer the complaint (Minn. Stat. § 504B.335). Either side may ask for a jury trial.
- If you do not appear, the case goes ahead without you (Minn. Stat. § 504B.332, subd. 5).
- If you rent from the former owner, different rules apply. A bona fide tenant usually gets at least 90 days' written notice to vacate after the redemption period ends (§ 504B.285, subd. 1a).
The deadlines it starts and how to count them
- The hearing must be at least 7 and no more than 14 days after the day the summons was issued (§ 504B.321, subd. 1(c)).
- The summons and complaint must be served at least seven days before the hearing, in person or by leaving them with an adult at your home. If that fails, they can be mailed and posted on your door after two tries at personal service on different days (§ 504B.332).
- If the buyer wins, the court issues a writ of recovery and order to vacate. Unless you lost by default, the court must hold it for a reasonable time of up to seven days (Minn. Stat. § 504B.345, subd. 1(d)).
- When an officer serves the order, you have 24 hours to leave with your family and belongings (Minn. Stat. § 504B.365).
What to do this week
- Write down the hearing date and how to attend. Ask the court about an accommodation if you need one.
- Call legal aid or use the LawHelpMN directory. Bring the summons, complaint and your foreclosure papers.
- Check whether the redemption period really ended. Look at the sheriff's certificate and any order that shortened it.
- If you need time to move, ask the buyer in writing for a move-out date, and get any agreement in writing.
- If there was a surplus from the sale, call the sheriff's office about claiming it. See Minnesota foreclosure surplus.
Help and warnings
The summons itself lists free help: Legal Aid, www.LawHelpMN.org, and for financial help MNBenefits.mn.gov or 2-1-1 (800-543-7709). More options are on the Minnesota foreclosure help page.
- Do not ignore the summons. Missing the hearing lets the case go forward without your side.
- The buyer cannot lock you out or remove your things on its own. If that happens, contact legal aid right away.
The rest of the Minnesota process
See how foreclosure works in Minnesota, the timeline, ways to stop it and free help in Minnesota, or read the national guide to this letter.
Common questions
How long do I have before the Minnesota eviction hearing?
The hearing is set 7 to 14 days after the summons is issued, and you must be served at least seven days before it (Minn. Stat. §§ 504B.321, 504B.332). Look at the summons for the exact date.
Do I have to file a written answer before the Minnesota eviction hearing?
Minn. Stat. § 504B.335 says you may answer the complaint at the court appearance in the summons. Legal aid can help you prepare what to say and bring.
If the buyer wins, when do I have to be out?
The court issues a writ of recovery and order to vacate. Unless it was a default, the court must hold it for a reasonable time of up to seven days. Once an officer serves it, you have 24 hours to leave (Minn. Stat. §§ 504B.345, 504B.365).
Other Minnesota letters
- Preforeclosure Notice: Foreclosure Prevention CounselingIn Minnesota, before a foreclosure is recorded on the home you live in, the lender must send this notice on colored paper. It names a free, government-approved counseling agency that the lender has already given your contact details to. No sale date is set yet, so this is the time to get help and apply for a workout.
- Notice of Mortgage Foreclosure SaleThis is the notice that sets the date of the sheriff's sale in a Minnesota foreclosure by advertisement. It is published for six weeks and handed to whoever lives in the home at least four weeks before the sale. The move-out date it lists is the end of the redemption period after the sale, not a date to leave before the sale.
- Help For Homeowners in Foreclosure and What Happens After the Foreclosure SaleThese two colored pages come with the Minnesota notice of sale on an owner-occupied home. The first, Help For Homeowners in Foreclosure, gives the amount to catch up as of a set date and the sale date. The second, What Happens After the Foreclosure Sale, explains your right to redeem and warns about scams.
- Summons and complaint to reduce the redemption period to five weeks (abandoned property)Minnesota lets the foreclosing lender, the holder of the sheriff's certificate, or the city or county ask a court to cut your redemption period to five weeks by claiming the home is abandoned. If no one shows up to oppose it and there is evidence, the court enters the order. If you still live there or plan to redeem, go to the hearing.
- Sheriff's Certificate of SaleAt a Minnesota sheriff's sale, the sheriff gives the buyer a certificate of sale. It does not take your home right away. It lists the price paid, the interest rate and your redemption period, and only becomes the buyer's title if no one redeems. If the sale brought in $100 or more over what was owed, the sheriff also mails you a surplus notice.
Sources
- Minn. Stat. § 504B.285 (eviction grounds; tenants in foreclosed property)
- Minn. Stat. § 504B.321 (complaint and summons)
- Minn. Stat. § 504B.332 (service of summons and complaint)
- Minn. Stat. § 504B.335 (answer; trial)
- Minn. Stat. § 504B.345 (judgment; execution)
- Minn. Stat. § 504B.365 (execution of the writ)
- LawHelpMN: Mortgages, Foreclosures and Contract for Deed