Minnesota Statutes

Minn. Stat. § 580.09 (2026)

Foreclosure Of Installment; Sale; Proceeds; Redemption

✓ current as of May 2026

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Where a mortgage is given to secure the payment of money by installments, each installment, either for principal or interest, or both, as is due at any time, may be taken and deemed to be a separate and independent mortgage, and such mortgage for each such installment may be foreclosed by advertisement or by action, in the same manner and with like effect as if a separate mortgage were given for each of such installments, and such foreclosure may be made and sale had subject to the installments yet to become due upon the mortgage; and a redemption from any such sale shall have the like effect as if the sale for such installment had been made upon an independent subsequent mortgage; provided in such cases the attorney's fee on the foreclosure so made shall not exceed the amount permitted by law in case of a mortgage securing the amount of the debt then due on such foreclosure. The proceeds of the sale shall be applied first in payment of the costs of the foreclosure sale, and of the installment due, with interest thereon, taxes and insurance premiums paid, if any, and then towards the payment of the residue of the sum secured by such mortgage, and not due and payable at the time of such sale; and, if such residue does not bear interest, such application shall be made with rebate of the legal interest for the time during which the residue shall not be due and payable; and the surplus, if any, shall be paid to the subsequent lienors, if any, in the order of their priority, and then to the owner of the equity of redemption, the owner's legal representatives or assigns. In case of redemption from any sale herein authorized, at the option of the redemptioner, the whole amount remaining unpaid on the mortgage, with interest and other items, if any, which have become part of the amount secured by the lien of the mortgage, may be included in the amount paid on redemption and, in such event, the redemption so made shall have like effect as if the foreclosure sale had been made for the entire amount secured by the mortgage, including such additional items.

Before any sale herein authorized, the holder of the mortgage shall file with the sheriff a verified itemized statement in writing showing the entire amount remaining unpaid on the mortgage, including taxes and insurance premiums paid and other items which have become part of the amount secured, and the rate of interest to accrue on same, which statement shall be subject to public inspection and shall be read by the sheriff at the sale, immediately after reading the notice of sale. The certificate of sale shall set forth correctly, in addition to the amount of sale, the remaining amount still unpaid on and secured by the mortgage, subject to which the sale is made, and the rate of interest to accrue on same. If, during the time to redeem from the sale, any additional or other item, other than interest at the rate so stated in the certificate, shall attach to such amount subject to which the sale was made, or any change shall occur in such amount or the rate of interest thereon, the facts with respect thereto shall be set forth by affidavit, made and recorded, and a copy furnished the sheriff, in accordance with the provisions of section 582.03, and the provisions of that section shall apply thereto.

Notes of Decisions

Cited in 12 cases (2 in the last 5 years), 1944–2026 · leading case: Welk v. GMAC Mortg., LLC, 850 F. Supp. 2d 976 (D. Minnesota 2012).

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Welk v. GMAC Mortg., LLC, 850 F. Supp. 2d 976 (D. Minnesota 2012). · cites it 4× “225 is obviously the debt on the note that is secured by the mortgage. Even if a deficiency judgment is allowed, there can be no double recovery: After payment of costs, sale proceeds in a foreclosure by action are applied against the debt secured by the mortgage.”

Shaw Acquisition Co. v. Bank of Elk River, 639 N.W.2d 873 (Minn. 2002). · cites it 2× “09 [foreclosure of mortgage installments], if, after sale of any real estate, made as herein prescribed, there remains in the hands of the officer making the sale any surplus money, after satisfying the mortgage, with interest, taxes paid, and costs of sale, the surplus shall be…”

Lassen v. First Bank Eden Prairie, 514 N.W.2d 831 (Minn. Ct. App. 1994). · cites it 2× “*838 The evidence before the trial court showed that appellant designated the title insurers as the disbursing agents for the projects to ensure that Kopfmann’s subcontractors and suppliers would be paid.”

Anderson v. Peterson's North Branch Mill, Inc., 503 N.W.2d 517 (Minn. Ct. App. 1993). · cites it 8× “Mortgagors allege that they were deprived of a foreclosure surplus by the district court’s incorrect application of the mortgage foreclosure proceeds provisions of Minn.Stat. § 580.09 (1986). FACTS Appellants Sandra L.”

City of St. Paul ex rel. Hous. & Redevelopment Auth. v. St. Anthony Flats Ltd. P'ship, 517 N.W.2d 58 (Minn. Ct. App. 1994). · cites it 2× “Minn.Stat. §§ 580.09, 580.225 (1992). In choosing between mortgage foreclosure and an action on the note, the mortgagee may pursue either or both remedies, as long as there is no double recovery on the debt.”

State Bank of Young Am. v. Fabel, 530 N.W.2d 858 (Minn. Ct. App. 1995). · cites it 2× “Minn.Stat. § 580.09 (1992). The mortgagee may be the purchaser at the foreclosure sale.”

Shaw Acquisition Co. v. Bank of Elk River, 627 N.W.2d 365 (Minn. Ct. App. 2001). · cites it 2× “” Appellant cites the statute, which states: In all cases not provided for in section 580.09, if, after sale of any real estate, made as herein prescribed, there remains in the hands of the officer making the sale any surplus money, after satisfying the mortgage, with interest,…”

Joing v. O & P P'ship (In re Joing), 82 B.R. 500 (D. Minnesota 1987). · cites it 2× “10 states: In all cases not provided for in section 580.09, if, after sale of any real estate, made as herein prescribed, there remains in the hands of the officer making the sale any surplus money, after satisfying the mortgage, with interest, taxes paid, and costs of sale, the…”

Nw. Nat'l Bank v. Balch, 31 N.W.2d 20 (Minn. 1948). “§ 580.09; Endreson v. Larson, 101 Minn. 417 , 112 N.”

Nat'l Guardian Life Ins. v. Schwartz Bros., 14 N.W.2d 347 (Minn. 1944). “1941, § 580.09 (Mason St. 1927, § 9610), foreclosure not being sought for the entire mortgage debt, but only for installments of principal which have matured under the extension agreement and for certain insurance premiums and taxes paid by plaintiff.”

Palen (D. Minnesota 2025). · cites it 2× “09 (recognizing that if a senior lienholder forecloses and sells the property, “the surplus, if any, shall be paid to the subsequent lienors, if any, in the order of their priority”); 580.10 (recognizing that junior lienholders have a statutory right to demand redemption where a…”

The Bank of New York Mellon fka The Bank of New York, as Tr. for the certificate holders of Cwalt, Inc. Alt. ... (Minn. Ct. App. 2026). · cites it 2× “” And the court concluded that Auld was not entitled to an accounting under Minnesota Statutes section 580.09 (2024) “because the subject mortgage is not for installments.”

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