When any sale of real property is made under a power of sale contained in any mortgage, the officer shall make and deliver to the purchaser a certificate, executed in the same manner as a conveyance, containing:
(1) a description of the mortgage;
(2) a description of the property sold;
(3) the price paid for each parcel sold;
(4) the time and place of the sale, and the name of the purchaser;
(5) the interest rate in effect on the date of the sheriff's sale; and
(6) the time allowed by law for redemption, provided that if the redemption period stated in the certificate is five weeks and a longer redemption period was stated in the published notice of foreclosure sale, a certified copy of the court order entered under section 582.032, authorizing reduction of the redemption period to five weeks, must be attached to the certificate.
A certificate which states a five-week redemption period must be recorded within ten days after the sale; any other certificate must be recorded within 20 days after the sale. When so recorded, upon expiration of the time for redemption, the certificate shall operate as a conveyance to the purchaser or the purchaser's assignee of all the right, title, and interest of the mortgagor in and to the premises named therein at the date of such mortgage, without any other conveyance. A certificate must not contain a time allowed for redemption that is less than the time specified by section 580.23, 582.032, or 582.32, whichever applies.
Notes of Decisions
Amos Graves v. Michael Wayman, First Minnesota Bank, 859 N.W.2d 791 (Minn. 2015).
· cites it 4× “See Minn. Stat. § 580.12 (2014) (providing that once a sheriff’s certificate of sale is recorded, “upon expiration of the time for redemption, the certificate shall operate as a conveyance to the purchaser or the purchaser’s assignee of all the right, title, and interest of the…”
Fed. Home Loan Mortg. Corp. v. Gary E. Mitchell, John Doe, 862 N.W.2d 67 (Minn. Ct. App. 2015).
· cites it 2× “Under Minn.Stat. § 580.12 (2014), “[w]hen any sale of real property is made under a power of sale contained in any mortgage, the officer shall make and deliver to the purchaser a certificate” and, after the certificate has been recorded and the redemption period has expired, it…”
Harbal v. Fed. Land Bank of St. Paul, 449 N.W.2d 442 (Minn. Ct. App. 1989).
· cites it 2× “Minn.Stat. § 580.12 (1986) provides in part: The certificate shall be recorded within 20 days after such sale, and when so recorded, upon expiration of the time for redemption, shall operate as a conveyance to the purchaser or the purchaser’s assignee of all the right, title,…”
Leckband v. Naylor, 715 F. Supp. 1451 (D. Minnesota 1988).
· cites it 2× “Without addressing whether FLB’s interpretation of the phrase is accurate, the court simply notes that FLB did not acquire plaintiff’s farmland until after the statute's effective date. Defendant fails to recognize that under settled Minnesota law title does not transfer at…”
Farmers & Merchants Bank of Preston v. Junge, 458 N.W.2d 698 (Minn. Ct. App. 1990).
· cites it 2× “We agree with the trial court that, for purposes of the right of first refusal, “owner” means the holder of the fee simple title to the property.”
Crowell v. Delafield Farmers Mut. Fire Ins. Co., 463 N.W.2d 737 (Minn. 1990).
· cites it 2× “Minnesota Statutes section 580.12 (1990) provides that, after foreclosure on a mortgage and sale of the property, title remains vested in the mortgagor until the expiration of the redemption period.”
In Re H & W Enter., Inc., 19 B.R. 582 (Bankr. D. Iowa 1982).
“*586 See Minn.Stat. § 580.12. An “act” as used in § 362 means more than just an overt action by the creditor.”
In Re New Town Mall, 17 B.R. 326 (Bankr. D.S.D. 1982).
“See Minn.Stat. § 580.12. An ‘act’ as used in § 362 means more than just an overt action by the creditor.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.