Minnesota Statutes

Minn. Stat. § 559.211 (2026)

Restraining, Enjoining Proceedings To Terminate

✓ current as of May 2026

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Subdivision 1.Order; proceedings; security.

(a) In an action arising under or in relation to a contract for the conveyance of real estate or any interest therein, the district court, notwithstanding the service or publication pursuant to the provisions of section 559.21 of a notice of termination of the contract, has the authority at any time prior to the effective date of termination of the contract and subject to the requirements of rule 65 of the Rules of Civil Procedure for the District Courts to enter an order temporarily restraining or enjoining further proceedings to effectuate the termination of the contract, including recording of the notice of termination with proof of service, recording of an affidavit showing noncompliance with the terms of the notice, taking any action to recover possession of the real estate, or otherwise interfering with the purchaser's lawful use of the real estate. In the action, the purchaser may plead affirmatively any matter that would constitute a defense to an action to terminate the contract.

(b) Upon a motion for a temporary restraining order the court has the discretion, notwithstanding any rule of court to the contrary, to grant the order without requiring the giving of any security or undertaking, and in exercising that discretion, the court shall consider, as one factor, the moving party's ability to afford monetary security. Upon a motion for a temporary injunction, the court shall condition the granting of the order either upon the tender to the court or vendor of installments as they become due under the contract or upon the giving of other security in a sum as the court deems proper. Upon written application, the court may disburse from payments tendered to the court an amount the court determines necessary to insure the timely payment of property taxes, property insurance, installments of special assessments, mortgage installments, prior contract for deed installments or other similar expenses directly affecting the real estate, or for any other purpose the court deems just.

(c) If a temporary restraining order or injunction is granted pursuant to this subdivision, the contract shall not terminate until the expiration of 15 days after the entry of the order or decision dissolving or modifying the temporary restraining order or injunction. If the vendor has made an appearance and the restraining order or injunction is granted, the court may award court filing fees, reasonable attorneys' fees, and costs of service to the purchaser.

(d) If the court subsequently grants permanent relief to the purchaser or determines by final order or judgment that the notice of termination was invalid or the purchaser asserted a valid defense, the purchaser is entitled to an order granting court filing fees, reasonable attorneys' fees, and costs of service.

Subd. 2.Remedies additional.

The remedies provided in this section are in addition to and do not limit other rights or remedies available to purchasers or vendors of real estate. Subject to the provisions of sections 559.213 and 559.217, subdivision 7, this section shall not be construed to bar a court from determining the validity, effectiveness, or consequences of proceeding under section 559.21 or 559.217, or granting other relief in connection therewith, by reason of the failure of a purchaser to seek or obtain relief under this section prior to the purported effective date of the termination of the contract.

Subd. 3.Applicability.

This section is applicable to contracts for the conveyance of real estate or any interest therein executed before, on and after May 1, 1980.

Notes of Decisions

Cited in 19 cases (2 in the last 5 years), 1984–2025 · leading case: Fraser v. Fraser, 642 N.W.2d 34 (Minn. Ct. App. 2002).

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Fraser v. Fraser, 642 N.W.2d 34 (Minn. Ct. App. 2002). · cites it 20× “Because the dissolution action is not “an action under or in relation to” a contract for deed, for purposes of enjoining cancellation under Minn.Stat. § 559.211 (2000), we affirm the district court’s determination that it lacked jurisdiction in the dissolution action to enjoin…”

Sitek v. Striker, 764 N.W.2d 585 (Minn. Ct. App. 2009). · cites it 8× “Minn. Stat. § 559.211 , subd. 1 (2008). In such an action, the vendee “may plead affirmatively any matter that would constitute a defense to an action to terminate the contract.”

Smith v. Spitzenberger, 363 N.W.2d 470 (Minn. Ct. App. 1985). · cites it 8× “ISSUE Did the trial court have authority to enjoin the cancellation of contract for deed under Minn.Stat. § 559.211 (1982)? ANALYSIS 1. Appellants claim the trial court did not have the authority to issue a temporary injunction under Minn.”

Fontaine v. Steen, 759 N.W.2d 672 (Minn. Ct. App. 2009). · cites it 3× “(citing Minn. Stat. § 559.211 , subd. (1) (2000)).”

Kosbau v. Dress, 400 N.W.2d 106 (Minn. Ct. App. 1987). · cites it 6× “Pursuant to Minn.Stat. § 559.211, subd. 1 (1984), respondents obtained a temporary restraining order and then a temporary injunction against further proceedings pursuant to the notice of cancellation.”

Brickner v. One Land Dev. Co., 742 N.W.2d 706 (Minn. Ct. App. 2007). · cites it 2× “The parties here agreed that in the case of default in performance by either party, the other party could cancel the agreement upon 30 days notice in compliance with Minn.Stat. § 559.21 (2002). Under the statute, the party opposing cancellation may cure the default, or in the…”

Thomey v. Stewart, 391 N.W.2d 533 (Minn. Ct. App. 1986). · cites it 6× “It is undisputed, however, that during the 90-day redemption period, appellant made no attempt to enjoin the cancellation action as provided under Minn.Stat. § 559.211, subd. 1 (1984): RESTRAINING OR ENJOINING FURTHER PROCEEDINGS PURSUANT TO NOTICE OF TERMINATION OF CONTRACT OF…”

O'MEARA v. Olson, 414 N.W.2d 563 (Minn. Ct. App. 1987). · cites it 5× “In 1980, the legislature added Minn.Stat. § 559.211 which specifically states that, in a cancellation by notice, the courts have jurisdiction to enjoin the cancellation.”

Covington v. Pritchett, 428 N.W.2d 121 (Minn. Ct. App. 1988). · cites it 4× “While continued installment payments under a contract for deed are required during the pendency of an injunction pursuant to Minn.Stat. § 559.211, the trial court only required the Covingtons to post a $500 cost bond.”

Eide v. Bierbaum, 472 N.W.2d 193 (Minn. Ct. App. 1991). · cites it 6× “The bonding requirement for injunctions is controlled by Minn.Stat. § 559.211 (1988) and Minn.R.Civ.”

Bell v. Olson, 424 N.W.2d 829 (Minn. Ct. App. 1988). · cites it 4× “ISSUE Did the trial court abuse its discretion in denying Bell’s request for an injunction? ANALYSIS \ Under Minn.Stat. § 559.211 (1986), a party facing cancellation of a contract for deed may bring an action alleging affirmative defenses to termination.”

Carlson v. Mixell, 412 N.W.2d 771 (Minn. Ct. App. 1987). · cites it 8× “On December 24, 1986, Carlsons filed a motion under Minn.Stat. § 559.211 (1986) to temporarily enjoin Mixell from proceeding with the cancellation of the contract for deed.”

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