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

Minn. Stat. § 580.02 (2026)

Requisites For Foreclosure

✓ current as of May 2026
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To entitle any party to make such foreclosure, it is requisite:

(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 at law to recover the debt then remaining secured by such mortgage, or any part thereof, or, if the action or proceeding has been instituted, that the same has been discontinued, or that an execution upon the judgment rendered therein has been returned unsatisfied, in whole or in part;

(3) that the mortgage has been recorded and, if it has been assigned, that all assignments thereof have been recorded; provided, that, if the mortgage is upon registered land, it shall be sufficient if the mortgage and all assignments thereof have been duly registered;

(4) before the notice of pendency as required under section 580.032 is recorded, the party has complied with section 580.021; and

(5) before the foreclosure sale, the party has complied with section 582.043, if applicable.

Notes of Decisions
Cited in 42 cases (3 in the last 5 years), 1985–2026 · leading case: Jackson v. Mortg. Elec. Reg. Sys., Inc., 770 N.W.2d 487 (Minn. 2009).
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Jackson v. Mortg. Elec. Reg. Sys., Inc., 770 N.W.2d 487 (Minn. 2009). · cites it 74× “We answer the certified question in the negative, holding that transfers of the underlying indebtedness do not have to be recorded to foreclosure a mortgage by *490 advertisement under Minn.Stat. §§ 580.02 and 580.04 (2006). The facts of this case are for the most part…”
Ruiz v. 1st Fid. Loan Servicing, LLC, 829 N.W.2d 53 (Minn. 2013). · cites it 30× “A foreclosure by advertisement is a foreclosure conducted by a particular means — that is, pursuant to a power of sale clause in a mortgage and pursuant to state statute.”
Beecroft v. Deutsche Bank Nat'l Trust Co., 798 N.W.2d 78 (Minn. Ct. App. 2011). · cites it 26× “Deutsche Bank commenced foreclosure by advertisement on March 26, 2009, pursuant to Minn. Stat. § 580.02 (2008); and on September 21, 2009, Deutsche Bank advertised a sheriffs sale.”
Hunter v. Anchor Bank, N.A., 842 N.W.2d 10 (Minn. Ct. App. 2013). · cites it 20× “Earlier this year, the supreme court interpreted section 580.02 of the foreclosure-by-advertisement statutes in Ruiz v.”
Newman v. JP Morgan Chase Bank, N.A., 81 F. Supp. 3d 735 (D. Minnesota 2015). · cites it 28× “Plaintiff asserts two claims against defendants: failure to comply with Minn.Stat. § 580.02 and an injunction to prevent defendant JP Morgan Chase from proceeding with an eviction it initiated against plaintiff in Hen-nepin County, Minnesota.”
Wolff v. Bank of New York Mellon, 997 F. Supp. 2d 964 (D. Minnesota 2014). · cites it 13× “In the alternative, plaintiffs asserted that if BNYM did meet the terms of the PSA, the foreclosure was void because the PSA required BNYM to certify receipt of the assignments of the mortgage that were not recorded prior to commencement of the foreclosure, pursuant to…”
Badrawi v. Wells Fargo Home Mortg., Inc., 718 F.3d 756 (8th Cir. 2013). · cites it 5× “The court first observed that another statute, Minn.Stat. § 580.02, provided the core “[r]equisites to foreclose” by advertisement.”
William B. Butler v. Bank of Am., N.A., 690 F.3d 959 (8th Cir. 2012). · cites it 2× “Instead, we agree with the district court the Butlers’ numerous causes of action are simply an attempt to invalidate the foreclosure on the property based on the flawed theory the mortgage and the foreclosure of that mortgage are invalid because BAC Home Loan Servicing — the…”
Steven J. Jaeger v. Palladium Holdings, LLC, Franklin Fin., LLC, 884 N.W.2d 601 (Minn. 2016). · cites it 2× “2013) (determining that -Minn.Stat. § 580.02(3) (2014), which requires that all assignments of .”
Douglas Drews v. Fed. Nat'l Mortg. Ass'n, 850 N.W.2d 738 (Minn. Ct. App. 2014). · cites it 8× “2009) (addressing Minn.Stat. §§ 580.02, 04 (2006), and noting the requirement of strict compliance, but determining that assignment of underlying indebtedness is not an assignment of mortgage and therefore need not be recorded before a foreclosure *742 by advertisement can be…”
Brinkman v. Bank of Am., N.A., 914 F. Supp. 2d 984 (D. Minnesota 2012). · cites it 12× “The Jackson court considered Minn. Stat. § 580.02 and held that “while a promissory note assignment .”
Dallas Cnty., Texas v. MERSCORP, Incorpora, 791 F.3d 545 (5th Cir. 2015). “360(3); Minn.Stat. Ann. § 580.02(3). But the Texas Legislature has not.”
Show all 42 citing cases →
— Minn. Stat. § 580.02(2) — 1 case
Jackson v. Mortg. Elec. Reg. Sys., Inc., 770 N.W.2d 487 (Minn. 2009). “We answer the certified question in the negative, holding that transfers of the underlying indebtedness do not have to be recorded to foreclosure a mortgage by *490 advertisement under Minn.Stat. §§ 580.02 and 580.04 (2006). The facts of this case are for the most part…”
— Minn. Stat. § 580.02(3) — 12 cases
Ruiz v. 1st Fid. Loan Servicing, LLC, 829 N.W.2d 53 (Minn. 2013). “A foreclosure by advertisement is a foreclosure conducted by a particular means — that is, pursuant to a power of sale clause in a mortgage and pursuant to state statute.”
Hunter v. Anchor Bank, N.A., 842 N.W.2d 10 (Minn. Ct. App. 2013). “Earlier this year, the supreme court interpreted section 580.02 of the foreclosure-by-advertisement statutes in Ruiz v.”
Steven J. Jaeger v. Palladium Holdings, LLC, Franklin Fin., LLC, 884 N.W.2d 601 (Minn. 2016). “2013) (determining that -Minn.Stat. § 580.02(3) (2014), which requires that all assignments of .”
Dallas Cnty., Texas v. MERSCORP, Incorpora, 791 F.3d 545 (5th Cir. 2015). “360(3); Minn.Stat. Ann. § 580.02(3). But the Texas Legislature has not.”
Beecroft v. Deutsche Bank Nat'l Trust Co., 798 N.W.2d 78 (Minn. Ct. App. 2011). “Deutsche Bank commenced foreclosure by advertisement on March 26, 2009, pursuant to Minn. Stat. § 580.02 (2008); and on September 21, 2009, Deutsche Bank advertised a sheriffs sale.”
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