Minnesota Statutes

Minn. Stat. § 580.28 (2026)

Action To Set Aside Mortgage; Foreclosure; Redemption

✓ current as of May 2026

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When an action is brought wherein it is claimed that any mortgage as to the plaintiff or person for whose benefit the action is brought is fraudulent or void, or has been paid or discharged, in whole or in part, or the relative priority or the validity of liens, redemption rights, or rights to any surplus is disputed, if such mortgage has been foreclosed by advertisement, and the time for redemption from the foreclosure sale will expire before final judgment in such action, the plaintiff or beneficiary having the right to redeem, for the purpose of saving such right in case the action fails, may deposit with the sheriff before the time of redemption expires the amount for which the mortgaged premises were sold, with interest thereon to the time of deposit, together with a separate deposit with the sheriff of one year's interest on the amount deposited. The person shall, in writing, notify such sheriff that such action is pending, and direct the sheriff to retain such money until final judgment or other order of the court. If so ordered by the court, such deposit shall operate as a redemption of the premises from such foreclosure sale, and entitle the plaintiff to a certificate thereof. Such foreclosure, deposit, and notice shall be brought to the attention of the court by supplemental complaint in the action, and the judgment shall determine the validity of the foreclosure sale, and the rights of the parties to the moneys so deposited, which shall be paid and delivered by the sheriff as directed by such judgment upon delivery to the sheriff of a certified copy thereof. The remedy herein provided shall be in addition to other remedies now existing.

Notes of Decisions

Cited in 5 cases, 1971–2016 · leading case: Weavewood, Inc. v. S & P Home Investments, LLC, 821 N.W.2d 576 (Minn. 2012).

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Weavewood, Inc. v. S & P Home Investments, LLC, 821 N.W.2d 576 (Minn. 2012). · cites it 8× “Weavewood’s 7-count complaint, which is at issue in this appeal, alleges claims for breach of contract, conversion, fraud, unjust enrichment, slander of title, and invalidity of the Mortgage and foreclosure under Minn.Stat. §§ 580.28 and 582.25 (2010). As relief, the complaint…”

Welk v. GMAC Mortg., LLC, 850 F. Supp. 2d 976 (D. Minnesota 2012). · cites it 2× “1 (same); Minn.Stat. § 580.28 (referring to actions alleging that "any mortgage .”

First Nat'l Bank in Winnebago v. Boler, 190 N.W.2d 94 (Minn. 1971). “1965, § 580.28, creating a 6-month period of redemption by the mortgagor while retaining the 12-month period of redemption in certain situations.”

Prime Sec. Bank v. A&G Investments, Inc. (Minn. Ct. App. 2015). · cites it 4× “5 Second, Prime could have availed itself of Minn. Stat. § 580.28 (2014). Section 580.”

Bereket Hagos, Seniat Gebregios v. Pond View of Woodbury Townhouse Ass'n (Minn. Ct. App. 2016). · cites it 2× “65, but they had not followed the procedures set out in Minn. Stat. § 580.28 to preserve their claims to money deposited with the sheriff.”

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