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

Minn. Stat. § 580.08 (2026)

Separate Tracts

✓ current as of May 2026
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If the mortgaged premises consist of separate and distinct farms or tracts, they shall be sold separately, and no more farms or tracts shall be sold than are necessary to satisfy the amount due on such mortgage at the date of notice of such sale, with interest, taxes paid, and costs of sale.

Notes of Decisions
Cited in 10 cases, 1983–2017 · leading case: Hunter v. Anchor Bank, N.A., 842 N.W.2d 10 (Minn. Ct. App. 2013).
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Hunter v. Anchor Bank, N.A., 842 N.W.2d 10 (Minn. Ct. App. 2013). · cites it 31× “” Minn.Stat. § 580.08. The parties do not disagree about the meaning of the words “separate,” “distinct,” “tracts,” or “separately.”
Premier Bank v. Becker Dev., LLC, 785 N.W.2d 753 (Minn. 2010). · cites it 8× “tracts shall be sold than are necessary to satisfy the amount due on such mortgage.” Kuechle’s argument is unpersuasive.”
Welk v. GMAC Mortg., LLC, 850 F. Supp. 2d 976 (D. Minnesota 2012). · cites it 2× “04(a)(3) (requiring each notice of foreclosure to specify "the amount claimed to be due on the mortgage”); Minn.Stat. § 580.08 (referring to “the amount due on such mortgage”); Minn.”
John W. Swenson & Sons, Inc. v. Aetna Life Ins., 571 F. Supp. 895 (D. Minnesota 1983). · cites it 28× “Swenson, on the other hand invoked Minn.Stat. § 580.08, insisting that it had an absolute right to have the property sold in separate tracts.”
Kjeldahl v. United States (In Re Kjeldahl), 52 B.R. 916 (D. Minnesota 1985). · cites it 4× “Second, plaintiff contends that the mortgaged property was sold as a single tract in violation of Minn.Stat. § 580.08 which provides: If the mortgaged premises consist of separate and distinct farms or tracts, they shall be sold separately and no more farms or tracts shall be…”
Douglas Drews v. Fed. Nat'l Mortg. Ass'n, 850 N.W.2d 738 (Minn. Ct. App. 2014). · cites it 2× “18, 2014) (interpreting Minn.Stat. § 580.08 (2012) and noting that “[t]he Jackson opinion suggests that strict compliance is required for all statutes within chapter 580, not just for section 580.”
Minneapolis Grand, LLC v. Galt Funding LLC, 791 N.W.2d 549 (Minn. Ct. App. 2010). · cites it 2× “See Minn. Stat. § 580.08 (2008) (“If the mortgaged premises consist of separate and distinct farms or tracts, they shall be sold separately, and no more farms or tracts shall be sold than are necessary to satisfy the amount due on such mortgage at the date of notice of such…”
Farm Credit Bank of St. Paul v. Kohnen, 494 N.W.2d 44 (Minn. Ct. App. 1992). · cites it 2× “The district court determined that Fleischhacker was an “occupant” within the meaning of Minn.Stat. § 580.08, such that the Bank was required to serve on her notice of the foreclosure sale.”
Leeco, Inc. v. Cornerstone Bank, 898 N.W.2d 653 (Minn. Ct. App. 2017). · cites it 12× “” Minn. Stat. § 580.08 (2016). “If separate parcels of mortgaged *658 property are not sold separately at a foreclosure sale, the foreclosure sale is void, without any need for the mortgagor to prove additional facts, such as fraud, prejudice, or good cause.”
United States v. House, 100 F. Supp. 2d 967 (D. Minnesota 2000). · cites it 2× “Service under Section 580.08. In addition to six weeks of published Notice, Section 580.”
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