Minnesota Statutes

Minn. Stat. § 580.10 (2026)

Surplus

✓ current as of May 2026

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Subdivision 1.Demand for surplus.

In all cases not provided for in section 580.09, and except as required by subdivision 3, 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 paid over by such officer, on demand, to the mortgagor, the mortgagor's legal representatives or assigns. Any surplus of $100 or greater shall be held by the sheriff for the duration of the time allowed for redemption under section 580.23 or 582.032, whichever is applicable, and if requested by the owner, applied toward a redemption as described in subdivision 3. If there is no redemption under section 580.23 or 582.032, a surplus of $100 or greater shall be paid first to junior creditors with liens of record at the time of the sheriff's sale in order of priority, if demanded by a junior creditor within the time allowed for redemption under section 580.23 or 582.032, whichever is applicable, and thereafter to the owner of record at the time of the sheriff's sale, or as provided by court order under section 580.28. A demand by a party other than the owner shall be accompanied by an affidavit stating the amount remaining unpaid and the interest creating a right to the surplus.

Subd. 2.Notice of surplus.

When there is a surplus of $100 or greater, the sheriff shall notify the owner by mail sent to the property address, or, if no street address is assigned for the property on the property tax statement, to the taxpayer's address on the property tax statement, that a surplus exists and to call the sheriff's office for more information about the surplus and how to make a claim to the surplus. The notice shall also include contact information for the Minnesota Homeownership Center and a statement to call the Minnesota Homeownership Center for information about redemption and surplus.

Subd. 3.Request by owner to have surplus applied.

At any time during the owner's redemption period, the owner of record at the time of the sheriff's sale may submit a written request to the sheriff to have the surplus applied to the redemption amount. The right to have the surplus applied to the redemption amount is not transferable to any subsequent owner.

Subd. 4.Surplus less than $100.

If a surplus remains under $100, the sheriff may pay the surplus amount to the owner of record at the time of the sheriff's sale.

Subd. 5.Resolution of competing claims.

If there are competing claims or if it appears to the sheriff that any claim is not meritorious, the sheriff may apply to the court in the county in which the sale was made and set forth by petition the facts then known to the sheriff, and the names and addresses of the owner and all known claimants to the surplus, at no cost to the sheriff. The sheriff shall retain the surplus until further order of the court under section 580.28. If a hearing is scheduled, the sheriff may participate in an advisory capacity. The sheriff shall be represented by the county attorney. The sheriff shall give notice of the opening of the court file to the holders of the claims by service of the petition in the manner of a summons under the Rules of Civil Procedure. Failure of an owner to participate in the court action does not waive the right of that owner to the surplus.

Notes of Decisions

Cited in 9 cases, 1984–2012 · leading case: Shaw Acquisition Co. v. Bank of Elk River, 639 N.W.2d 873 (Minn. 2002).

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Shaw Acquisition Co. v. Bank of Elk River, 639 N.W.2d 873 (Minn. 2002). · cites it 17× “This case presents the issue of whether, under Minn.Stat. §§ 580.10 (2000) and 580.225 (2000), the junior portion of a split-priority mortgage, 1 must be satisfied before an intervening mechanic’s lien in the second-priority position is satisfied.”

First Minnesota Bank v. Overby Dev., Inc., 783 N.W.2d 405 (Minn. Ct. App. 2010). · cites it 9× “On appeal, the bank argued that under Minn.Stat. § 580.10 (2000), a surplus exists only if the entire mortgage is satisfied.”

Welk v. GMAC Mortg., LLC, 850 F. Supp. 2d 976 (D. Minnesota 2012). · cites it 2× “09 (referring to installments "due upon the mortgage,” the "amount remaining unpaid on the mortgage,” and "the remaining amount still unpaid on and secured by the mortgage”); Minn.Stat. § 580.10 (referring to surplus money that remains “after satisfying the mortgage”); Minn.”

Seaver v. New Buffalo Auto Sales, LLC (In Re Hecker), 459 B.R. 6 (8th Cir. BAP 2011). “1987) (where no equity in property existed after mortgages were satisfied in the foreclosure sale, subsequent sale of property by purchaser at foreclosure sale did not have to turn over profit to the debtor under Minn.Stat. § 580.10). With respect to whether the bankruptcy court…”

Joing v. O & P P'ship (In re Joing), 82 B.R. 500 (D. Minnesota 1987). · cites it 3× “§ 580.10 states: In all cases not provided for in section 580.”

In Re the Strawberry Commons Apt. Owners Ass'n 1, 356 N.W.2d 401 (Minn. Ct. App. 1984). · cites it 2× “Minn. Stat. § 580.10 (1982). The mortgagor may recover three times any' excess costs charged, but not paid.”

Shaw Acquisition Co. v. Bank of Elk River, 627 N.W.2d 365 (Minn. Ct. App. 2001). · cites it 2× “Appellant argues that under Minn.Stat. § 580.10 (2000), a surplus exists only if the mortgage has been satisfied.”

Benson v. Empire State Bank, 516 N.W.2d 550 (Minn. Ct. App. 1994). · cites it 2× “First, the parties stipulated to expand the scope of relief before the court; specifically, they agreed to address whether any surplus arose from the bank’s foreclosure sale and, if so, whether the Bensons were entitled to that surplus under Minn.Stat. § 580.10 (1990). Second,…”

State v. Zacher, 490 N.W.2d 149 (Minn. Ct. App. 1992). · cites it 4× “See Minn.Stat. § 580.10 (1990); Kleinman v. Neubert, 142 Minn.”

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