Minnesota Statutes

Minn. Stat. § 580.06 (2026)

Sale, How And By Whom Made

✓ current as of May 2026

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The sale shall be made by the sheriff or the sheriff's deputy at public venue to the highest bidder, in the county in which the premises to be sold, or some part thereof, are situated, between 9:00 a.m. and 4:00 p.m.

Notes of Decisions

Cited in 5 cases, 1968–2013 · leading case: Cox v. Mortg. Elec. Reg. Sys., Inc., 685 F.3d 663 (8th Cir. 2012).

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Cox v. Mortg. Elec. Reg. Sys., Inc., 685 F.3d 663 (8th Cir. 2012). “The statute specifically authorizes “[t]he mortgagee, the mortgagee’s assignee, or the legal representative of either or both [to purchase the premises] fairly and in good faith” • at the sale. Minn.Stat. § 580.”

Ruiz v. 1st Fid. Loan Servicing, LLC, 829 N.W.2d 53 (Minn. 2013). “02 unambiguously refers to the foreclosure by advertisement proceeding or process as a whole,rather than merely the culminating event of the process, such as a sale of the mortgaged property.”

Johnson v. LaSalle Bank Nat'l Ass'n, 663 F. Supp. 2d 747 (D. Minnesota 2009). · cites it 2× “See, Minnesota Statutes Section 580.06. Minnesota Courts have consistently held that, even though a defaulting mortgagor is not entitled to a Hearing prior to the public sale, a foreclosure by advertisement satisfies the requirements of Due Process.”

Kjeldahl v. United States (In Re Kjeldahl), 52 B.R. 916 (D. Minnesota 1985). · cites it 2× “First, the foreclosure sale was conducted by the sheriff of Pope County in violation of Minn.Stat. § 580.06. That statute provides The sale shall be made by the sheriff or his deputy at public vendue to the highest bidder, in the county in which the premises to be sold, or some…”

Kantack v. Kreuer, 158 N.W.2d 842 (Minn. 1968). “She argues that such a sale is public business within the meaning of the statute because the sale must be conducted, under § 580.06, by the sheriff or his deputy. Inasmuch as the sheriff is a public officer, she argues, the sale is public business and therefore the statute…”

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