Minn. Stat. » CHAPTER 580. MORTGAGES; FORECLOSURE BY ADVERTISEMENT
Minnesota Statutes

Minn. Stat. § 580.01 (2026)

Limitation

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Subject to the provisions of section 541.03, any mortgage of real estate containing a power of sale, upon default being made in any condition thereof, may be foreclosed by advertisement.

Notes of Decisions
Cited in 17 cases (1 in the last 5 years), 1981–2025 · leading case: Ruiz v. 1st Fid. Loan Servicing, LLC, 829 N.W.2d 53 (Minn. 2013).
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Ruiz v. 1st Fid. Loan Servicing, LLC, 829 N.W.2d 53 (Minn. 2013). · cites it 6× “See Minn.Stat. § 580.01. We begin our consideration of the issues presented by analyzing whether strict or substantial compliance with Minn.”
Moratzka v. Lanesboro State Bank (In re Johnson), 8 B.R. 371 (Bankr. D. Minn. 1981). · cites it 2× “§ 362 (a) stayed the running of the redemption period in a mortgage foreclosure action under Minn.Stat. § 580.01 et seq. The motion sought a temporary restraining order preventing the running and termination of the redemption period, expiring December 31, 1980, until such time…”
Dunbar v. Wells Fargo Bank, N.A., 853 F. Supp. 2d 839 (D. Minn. 2012). · cites it 2× “” Minn.Stat. § 580.01. In order to foreclose by advertisement, the foreclosing party must meet four criteria: (1) that some default in a condition of such mortgage has occurred, by which the power to sell has become operative; (2) that no action or proceeding has been instituted…”
Niday v. GMAC Mortg., LLC, 284 P.3d 1157 (Or. Ct. App. 2012). “…Code Ann §§ 45-1502 - 45-1515; Me Rev Stat Ann title 14 §§ 6203 - A - 6209; Mich Comp Laws §§ 600.3201 - 600.3280; Minn Stat Ann §§ 580.01 - 580.30; Miss Code Ann §§ 89-1-53 - 89-1-63; Mo Rev Stat §§ 443.290 - 443.410; Neb Rev Stat §§ 76-1001 - 76-1018; Nev Rev Stat Ann §§…”
Kjeldahl v. United States (In re Kjeldahl), 52 B.R. 916 (D. Minn. 1985). · cites it 2× “Minn.Stat. §§ 580.01, et seq. In conclusion, this court holds that the foreclosure sale is not void under Minnesota law.”
Arzt v. Bank of Am., N.A., 883 F. Supp. 2d 792 (D. Minn. 2012). · cites it 3× “” Minn.Stat. § 580.01. Several requisites must be met before a party may foreclose by advertisement, including recording the mortgage and any assignments of the mortgage.”
Vail v. Brown, 841 F. Supp. 909 (D. Minn. 1994). · cites it 2× “See Minn.Stat. §§ 580.01, et seq., and 581.01, et seq.”
Vail v. Derwinski, 946 F.2d 589 (8th Cir. 1991). “See Minn.Stat. § 580.01 (1990); See also Norwest Bank Hastings Nat’l Assoc.”
John W. Swenson & Sons, Inc. v. Aetna Life Ins., 571 F. Supp. 895 (D. Minn. 1983). · cites it 2× “Swenson failed to make its semiannual, $252,000 mortgage payment due April 1, 1982 (after previously informing Aetna that it would not be able to make the payment) and Aetna instituted foreclosure by advertisement proceedings pursuant to Minn. Stat. §§ 580.01 -.30. Swenson made…”
LaFave v. Nationstar Mortg. LLC, No. 0:19-cv-01801 (D. Minn. July 7, 2020). · cites it 2× “to Withdraw [ECF No. 19]. Nationstar opposed the motion to withdraw on the basis that LaFave’s attorney had negotiated the Parties’ settlement and executed the Memorandum Requirements ( Minn.”
Vagle v. Flagstar Bank N.A., No. 0:24-cv-04637 (D. Minn. Apr. 7, 2025). · cites it 2× “Minn. Stat. § 580.01 . Foreclosure by advertisement requires the following: (1) a default under the mortgage authorizing sale of the property; (2) no pending action to recover the remaining balance on a loan secured by the mortgage; (3) the mortgage, and any assignments, must be…”
Fed. Home Loan Mortg. Corp. v. Patricia G. Mikelson, No. A14-915 (Minn. Ct. App. Jan. 12, 2015). · cites it 2× “Upon expiration of the statutory redemption period, a recorded certificate of sale “shall operate as a conveyance to the purchaser or the purchaser’s assignee of all the right, title, and interest of the mortgagor in and to the premises named therein at the date of such…”
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