Minnesota Statutes

Minn. Stat. § 580.021 (2026)

Foreclosure Prevention Counseling

✓ current as of May 2026

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Subdivision 1.Applicability.

This section applies to foreclosure of mortgages by advertisement under this chapter and foreclosure of mortgages by action under chapter 581 on property consisting of one to four family dwelling units, one of which the owner occupies as the owner's principal place of residency when the notice of pendency under section 580.032 or the lis pendens for a foreclosure under chapter 581 is recorded.

Subd. 2.Requirement to provide notice of opportunity for counseling.

Before the notice of pendency under section 580.032, subdivision 3, or the lis pendens for a foreclosure under chapter 581 is recorded, a party foreclosing a mortgage must provide to the mortgagor information contained in a form prescribed in section 580.022, subdivision 1, that:

(1) foreclosure prevention counseling services provided by an authorized foreclosure prevention counseling agency are available; and

(2) the party will transmit the homeowner's name, address, and telephone number to an approved foreclosure prevention agency.

The notices required by this subdivision may be provided concurrently with a written notice of default.

For the purposes of this section, an "authorized foreclosure prevention counseling agency" or "counseling agency" is a government agency or a nonprofit agency funded, all or in part, for foreclosure prevention services, by the Minnesota Housing Finance Agency or the United States Department of Housing and Urban Development, or otherwise approved by the United States Department of Housing and Urban Development to provide foreclosure prevention counseling services.

Subd. 3.Notification to authorized counseling agency.

The party entitled to foreclose shall, within one week of sending the notice prescribed in section 580.022, provide to the appropriate authorized foreclosure prevention agency the mortgagor's name, address, and most recent known telephone number.

Subd. 4.Notice of provision of counseling; request for contact information.

(a) An authorized foreclosure prevention agency that contacts or is contacted by a mortgagor or the mortgagor's authorized representative and agrees to provide foreclosure prevention assistance services to the mortgagor or representative must provide the form prescribed in section 580.022 to the mortgagee. The form serves as notice to the mortgagee that the mortgagor is receiving foreclosure prevention counseling assistance.

(b) The mortgagee must return the form to the authorized foreclosure prevention agency within 15 days of receipt of the form with the name and telephone number of the mortgagee's agent. The agent must be a person authorized by the mortgagee to:

(1) discuss with the authorized foreclosure prevention agency or the mortgagor the terms of the mortgage; and

(2) negotiate any resolution to the mortgagor's default.

Notes of Decisions

Cited in 8 cases (2 in the last 5 years), 2009–2025 · 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 12× “Minn.Stat. §§ 580.021 (2008). [4] The 2008 amendment, discussed supra note 3, was the first addition to the foreclosure by advertisement requirements, codified in section 580.”

Ruiz v. 1st Fid. Loan Servicing, LLC, 829 N.W.2d 53 (Minn. 2013). · cites it 4× “3; (3) failure to strictly comply with the pre-foreclosure counseling notice requirement, Minn.Stat. § 580.021, subd. 2; and (4) wrongful eviction, in violation of MinmStat.”

Beecroft v. Deutsche Bank Nat'l Trust Co., 798 N.W.2d 78 (Minn. Ct. App. 2011). · cites it 2× “032 is recorded, the party has complied with section 580.021 [requiring the foreclosing party to provide information on foreclosure prevention counseling].”

The Janice Kaunas Samsing Revocable Trust v. Arthur D. Walsh (Minn. Ct. App. 2015). · cites it 28× “A court trial was held on the remaining issues: the amount of respondents’ damages, the amount of attorney fees incurred by respondents, and the effect of any failure by respondents to provide a foreclosure notice under Minn. Stat. § 580.021 , subd. 2 (2014). After trial, the…”

Larry Grimlie, Linda Grimlie v. AgStar Fin. Servs., FLCA (Minn. Ct. App. 2016). · cites it 6× “Larry Grimlie argues that AgStar failed to comply with the technical requirements of foreclosure by advertisement, specifically citing Minn. Stat. §§ 580.021 , subd. 2; 582.039; and 582.”

Vagle v. Flagstar Bank N.A. (D. Minnesota 2025). · cites it 3× “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 recorded; (4) the…”

Stuckey v. Gislason & Hunter LLP (D. Minnesota 2021). · cites it 2× “” Minn. Stat. § 580.021 , subd. 2(2). This is precisely the situation contemplated in Obduskey—Defendant contacted a foreclosure-prevention agency to comply with state law.”

In the Matter of the Petition of Fed. Home Loan Mortg. Corp. for a New Certificate of Title After Mortg. Foreclosure Sale. (Minn. Ct. App. 2015). · cites it 2× “032 is recorded, the party has complied with section 580.021; and (5) before the foreclosure sale, the party has complied with section 582.”

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