Minnesota Statutes

Minn. Stat. § 580.20 (2026)

Action To Set Aside For Certain Defects

✓ current as of May 2026
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No such sale shall be held invalid or be set aside by reason of any defect in the notice thereof, or in the publication or service of such notice, or in the proceedings of the officer making the sale, unless the action in which the validity of such sale is called in question be commenced, or the defense alleging its invalidity be interposed, with reasonable diligence, and not later than five years after the date of such sale; provided that persons under disability to sue when such sale was made by reason of being minors, persons who lack the mental capacity to make decisions, persons with a developmental disability, or persons in captivity or in any country with which the United States is at war, may commence such action or interpose such defense at any time within five years after the removal of such disability.

Notes of Decisions
Cited in 6 cases, 1972–2019 · leading case: Gallaher v. Titler, 812 N.W.2d 897 (Minn. Ct. App. 2012).
Gallaher v. Titler, 812 N.W.2d 897 (Minn. Ct. App. 2012). · cites it 23× “He argues that the five-year statute of limitations found in Minn.Stat. § 580.20 (2010) applies to his challenge to the validity of the assessment-lien-foreclosure sale.”
Pole v. Trudeau, 516 N.W.2d 217 (Minn. Ct. App. 1994). · cites it 8× “Minn.Stat. § 580.20 (1992) (emphasis added); see Minn.”
Wertheimer v. State, 201 N.W.2d 383 (Minn. 1972). “The final protection afforded by the extradition act is that the accused must be granted a reasonable time within which to challenge the extradition request by means of a writ of habeas corpus. Article IV(a) of the Interstate Agreement provides that 30 days must elapse following…”
Tharp v. CitiMortgage Inc. (D. Minnesota 2019). · cites it 2× “§§ 580.20 , 580.21. Under § 580.20, an action to set aside a foreclosure sale as invalid due to “any defect in the notice thereof” must be commenced within five years of the sale.”
Sergey Porada, Yelena Kurdyumova v. Terry I. Monroe, Marc L. Kruger (Minn. Ct. App. 2014). · cites it 2× “See Minn. Stat. § 580.20 (2010). Porada and Kurdyumova’s complaints 5 did not seek to invalidate the sheriff’s sale, so their suit is not authorized by either chapter 581 or chapter 580.”
James Hart v. Aurora Loan Servs., 285 F. App'x 313 (8th Cir. 2008). “See Minn.Stat. § 580.20, and Minn.Stat. §§ 582.”
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