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

Minn. Stat. § 580.05 (2026)

Attorney To Foreclose; Record Of Power

✓ current as of May 2026
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When an attorney at law is employed to conduct such foreclosure, the authority of the attorney at law shall appear by power of attorney executed and acknowledged by the mortgagee or assignee of the mortgage in the same manner as a conveyance, and recorded prior to the sale in the county where the foreclosure proceedings are had. If such attorney be employed on behalf of such mortgagee or assignee by an attorney in fact, the attorney's authority shall likewise be evidenced by recorded power.

Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 2010–2024 · leading case: Molde v. CitiMortgage, Inc., 781 N.W.2d 36 (Minn. Ct. App. 2010).
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Molde v. CitiMortgage, Inc., 781 N.W.2d 36 (Minn. Ct. App. 2010). · cites it 46× “ty of the attorney at law shall appear by power of attorney executed and acknowledged by the mortgagee or assign-ee of the mortgage in the same manner as a conveyance, and recorded prior to the sale in the county where the foreclosure proceedings are had. If such attorney be…”
Wolff v. Bank of New York Mellon, 997 F. Supp. 2d 964 (D. Minnesota 2014). · cites it 12× “05; (2) there was no “of record” evidence of Wilford & Geske’s power to execute the April 29, 2010 Assignment of Mortgage on behalf of BAC Home Loans Servicing LP in violation of Minn.Stat. § 580.05; (3) there was no “of record” evidence of Perez’s authority to sign the May 11,…”
Embree v. U.S. Bank Nat'l Ass'n, 828 N.W.2d 141 (Minn. Ct. App. 2013). · cites it 18× “Appellants assert that material facts exist about whether the respondent mortgagee complied with the requirement of Minn. Stat. § 580.05 that the authority of a mortgagee’s attorney-in-fact be recorded.”
Hunter v. Anchor Bank, N.A., 842 N.W.2d 10 (Minn. Ct. App. 2013). · cites it 4× “In 2011, after the loan went into default, Emigrant Mortgage conducted a foreclosure by advertisement pursuant to section 580.05 of the Minnesota Statutes.”
Beecroft v. Deutsche Bank Nat'l Trust Co., 798 N.W.2d 78 (Minn. Ct. App. 2011). · cites it 2× “Under Minn.Stat. § 580.05 (2008), the authority of an attorney-at-law employed to conduct a foreclosure by advertisement must be recorded before the attorney holds a foreclosure sale.”
Christina Berrier v. Minnesota State Patrol, 9 N.W.3d 368 (Minn. 2024). · cites it 2× “” Minn. Stat. § 580.05 (1949) (emphasis added).”
Yang Mee Thao-Xiong v. Am. Mortg. Corp., 575 F. App'x 691 (8th Cir. 2013). “However, Minn.Stat. § 580.05 states that an attorney employed to conduct a foreclosure “shall appear by power of attorney executed .”
Frances S. Bland v. Deutsche Bank Nat'l Trust, 560 F. App'x 636 (8th Cir. 2014). “03 by publishing notice of the foreclosure in a newspaper (the Jordan Independent) that did not provide sufficient notice to the affected area, (2) Deutsche failed to strictly comply with Minn.Stat. § 580.05 because the assignment of Bland’s mortgage to Deutsche was executed…”
Yang Thao-Xiong v. Am. Mortg. Corp. (8th Cir. 2014). “However, Minn. Stat. § 580.05 states that an attorney employed to conduct a foreclosure "shall appear by power of attorney executed .”
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