- Who sends it
- The lender's foreclosure attorney, by newspaper publication and by service on the person living in the home
- What it starts
- The countdown to the sheriff's sale and the last days to reinstate, apply for loss mitigation, or postpone
- Do this first
- Find the sale date, count back 15 days and 7 business days, and call a foreclosure advisor today
What this document is in Minnesota
Under Minn. Stat. § 580.03, the notice must be published for six weeks. If the home is lived in, a copy must be served on the person living there in the same way a court summons is served, at least four weeks before the sale. The two colored notices, Help For Homeowners in Foreclosure and What Happens After the Foreclosure Sale, must be served with it.
Minn. Stat. § 580.04 lists what it must say: the names of the borrower and lender and any assignee, the original loan amount, when and where the mortgage was recorded, the amount claimed due, a description and street address of the home, the time and place of the sale, and how long you will have to redeem.
If the home is an owner-occupied single-family home, the notice must also give the date you must move out if you do not reinstate or redeem, and say the time is 11:59 p.m. on that date (§ 580.04(b)). Before the first publication, the lender must record a notice of pendency with the county.
What it does and does not mean
- It does not mean you must leave before the sale. The move-out date is the end of your redemption period after the sale, usually six months later.
- It is not a court case. The county sheriff runs the sale at public auction.
- You can still reinstate any time before the sale by paying what is past due plus allowed costs, not the whole loan (Minn. Stat. § 580.30).
- Some notices carry a capital-letter warning that the redemption period may be cut to five weeks if a court finds the home abandoned. That needs a separate court case; see the summons to shorten the redemption period.
- The lender can postpone the sale. It must publish the postponement once and mail you notice postmarked within three business days of the postponed sale (Minn. Stat. § 580.07, subd. 1).
The deadlines it starts and how to count them
- Postponement affidavit: if the home is your homestead with 1 to 4 units, you can postpone the sale by recording a sworn affidavit at least 15 days before the sale date in the notice (Minn. Stat. § 580.07, subd. 2). Count 15 calendar days back from the sale date and act before then. The sale moves 5 months later, or 11 months if your redemption period would have been 12 months, but your redemption period drops to five weeks.
- Loss mitigation application: if the servicer receives a complete application after the sale is scheduled but before midnight of the seventh business day before the sale, it must halt the sale and review it. Count back seven business days, skipping weekends and legal holidays (Minn. Stat. § 582.043, subd. 6(c)). After a denial or a rejected offer it must wait 60 days before selling.
- Reinstatement figure: the lender must tell you the amount within three days of your request, and the figure is good for seven days or until the sale. It does not have to postpone for a request made less than three days before the sale (§ 580.30, subd. 1).
- Redemption: the notice states how long you will have after the sale, usually six months (Minn. Stat. § 580.23).
See your Minnesota sale date is set for a step-by-step plan.
What to do this week
- Write the sale date, the 15-day affidavit cutoff and the seventh-business-day cutoff on a calendar.
- Call the sheriff's office in your county to confirm the sale date, time and place.
- Ask the foreclosing attorney in writing for the reinstatement amount. The attorney's name, address and phone are on the colored Help For Homeowners page.
- Get a complete loss mitigation application to your servicer before the cutoff, in a way you can prove.
- Before you record a postponement affidavit, talk with a foreclosure advisor or legal aid, because it gives up most of your redemption period. The Attorney General also suggests getting advice first.
- Read how to stop foreclosure in Minnesota.
State help and scam warnings
Free foreclosure prevention advisors are listed through the Minnesota Homeownership Center at 651-659-9336 or 866-462-6466. Legal aid offices are listed on LawHelpMN. More options are on the Minnesota foreclosure help page.
- Published notices draw offers from strangers. A Minnesota foreclosure consultant cannot take pay before it has done everything it promised (Minn. Stat. § 325N.04).
- Never sign over your deed to someone who says they will let you stay. Report problems to the Minnesota Attorney General at (651) 296-3353 or (800) 657-3787.
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
Why does my Minnesota notice of sale give a date to move out?
For an owner-occupied single-family home, Minn. Stat. § 580.04(b) requires the notice to state the date you must leave if you do not reinstate before the sale or redeem after it, at 11:59 p.m. That date is the end of the redemption period, not a date before the sale.
What is the last day to postpone a Minnesota sheriff's sale myself?
You must record the affidavit at least 15 days before the sale date in the published notice, file a copy with the sheriff, and give one to the foreclosing attorney (Minn. Stat. § 580.07, subd. 2). In exchange your redemption period becomes five weeks.
I was never handed the notice. Is my Minnesota sale still valid?
The notice must be served on the person living in the home like a summons, at least four weeks before the sale (Minn. Stat. § 580.03). If you believe you were not served, show your papers to legal aid right away. Whether a sale can be undone depends on the facts.
My Minnesota sale was postponed. Do I get a new notice?
The lender must publish the postponement once and mail the occupant a notice postmarked within three business days of the postponed sale, with the new date if known and the new move-out date (Minn. Stat. § 580.07, subd. 1).
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.
- 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.
- Eviction summons and complaint after the redemption periodIf no one redeems and you are still in the home after the redemption period, the buyer can file an eviction case in district court. The summons sets a hearing 7 to 14 days after it is issued. Only a court order can make you leave, and you can answer at that first hearing.
Sources
- Minn. Stat. § 580.03 (notice of sale; service on occupant)
- Minn. Stat. § 580.04 (requisites of notice)
- Minn. Stat. § 580.07 (postponement)
- Minn. Stat. § 580.30 (reinstatement)
- Minn. Stat. § 582.043 (loss mitigation; dual tracking)
- Minn. Stat. § 580.23 (redemption by mortgagor)
- Minnesota Attorney General: Facing Mortgage Foreclosure