Time for an overview of the foreclosure process in Minnesota so people can know what’s going on and what to expect. Every state does foreclosures differently and Minnesota’s is especially weird and debtor-friendly.
Minnesota allows foreclosure by advertisement and foreclosure by action. This is a foreclosure by advertisement. There is no court case filed. The vast majority of foreclosures in Minnesota are by advertisement.
The process starts with sending pre foreclosure notice to the mortgagor (Minn. Stat § 580.021-22). The mortgagor has an opportunity to make a deal with the mortgagee. This has been done in Rackets’ foreclosure.
If no deal is made, the mortgagee (bank through its lawyer) contacts the county sheriff and schedules the sheriff’s sale. Sheriff’s usually only do these one day a week. The sale must be at least six weeks AFTER publication of notice and four weeks AFTER service of the notice on the mortgagor.
Then notice of sale is published in the local legal newspaper AND is personally served on the mortgagor. The form of the notice is controlled by statute and they all look the same except for the names and amounts. This is where we are right now with Rackets.
Until the sheriff sale, the mortgagor (Rackets) can REINSTATE the mortgage by paying all the back payments, any late fees, and any other costs the lender has incurred like attorneys fees and publication fees. So, until February 4 at 10:00 a.m., the mortgage on the Balldo Bunker can be reinstated if Rackets ponies up.
One possibility is that the bank and the homeowner agree to delay the sheriff sale. This isn’t super-common, but it can happen if there is some sort of deal pending like the homeowner is selling the house and the closing is delayed a little. If new notice has to be published, the homeowner usually has to pay for it.
If Rackets doesn’t pay up before the sheriff’s sale, the property is sold at auction. These auctions are boring things that happen in a little office at the sheriff’s department. Almost always, the bank just bids the amount it is owed and no one else bids. The bank (or whoever has top bid) gets a sheriff’s certificate of sale that can be filed with the county to register that they own the property now.
This is where Minnesota gets kind of weird. After the sheriff sale, the old homeowner has the right to REDEEM the property by paying off whatever the property sold for at the sheriff’s sale. The redemption period is SIX MONTHS—which is a hell of a long time. During that time, the old homeowner can continue to live in the property and not pay anything.
Yes, this means deadbeats trash houses. Why do you ask?
Rackets’ redemption period—assuming the sheriff sale is not rescheduled—ends on August 4, 2025. After that time, he can be evicted in a short court proceeding and the foreclosure is done.
There are a LOT of weird things that can happen along the way. The redemption period can be shortened for abandoned property. The homeowner can essentially “swap” five months of redemption period to reinstatement period by postponing the sale.
Look forward to months of coping and sneeding as Rackets twists and turns.