Minnesota Statutes
Minn. Stat. § 582.01 (2026)
Attorney's Fees
✓ current as of May 2026
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Subdivision 1.Contractual fees.
The mortgagor may, in the mortgage, covenant to pay or authorize the mortgagee to retain an attorney's fee in case of foreclosure; but such fees in case of foreclosure by advertisement shall not exceed the following amounts, and any provision for fees in excess thereof shall be void to the extent of the excess:
| Date of execution of mortgage | |||
| The original principal amount secured by the mortgage | Before June 2, 1953 | After June 1, 1953 and before June 1, 1971 | After May 31, 1971 |
| Less than $500 | $25 | $50 | $150 |
| $500-$1,000 | 50 | 75 | 150 |
| $1,000-$5,000 | 75 | 125 | 150 |
| $5,000-$10,000 | 100 | 175 | 225 |
| Exceeding $10,000 | 200 | 225 plus $50 for each additional $10,000 or major fraction thereof |
275 plus $35 for each additional $5,000 or major fraction thereof |
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Subd. 1a.Foreclosure by advertisement.
Notwithstanding subdivision 1 to the contrary, the minimum fee for foreclosure by advertisement of mortgages executed after July 31, 1992, is $500.
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Subd. 2.Foreclosure by action.
The court shall establish the amount of the attorney's fee in case of foreclosure by action.
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Subd. 3.When default less than 30 days.
If at the time of the commencement of the foreclosure proceedings, all of the items constituting said default were less than 30 days past due, then upon redemption the mortgagor shall not be required to pay the attorney's fee authorized in this section. This subdivision shall apply only to mortgages executed after May 31, 1971.
Notes of Decisions
Cited in 21
cases, 1959–2016 · leading case: Larson-Roberts Elec. Co., Inc. v. Burdick, 127 N.W.2d 163 (Minn. 1964).
Larson-Roberts Elec. Co., Inc. v. Burdick, 127 N.W.2d 163 (Minn. 1964). “His sole contention is that any allowance cannot exceed the maximum specified by § 582.01, subd. 1, which limits the amount of attorneys’ fees allowable in a foreclosure of a mortgage by advertisement.”
First Trust Co. v. Leibman, 430 N.W.2d 257 (Minn. Ct. App. 1988). “” Minn. Stat. § 582.01 , subd. 2 (1986). Paragraph 18 of the original mortgage which Keate assumed specifically provides for the collection by the mortgagee of all “reasonable costs and expenses” incurred in exercising its power of sale in the event of a breach “including, but…”
Jadwin v. Kasal, 318 N.W.2d 844 (Minn. 1982). “Minn.Stat. § 582.01 (1980) authorizes a mortgagor to covenant to pay, or authorize the mortgagee to retain, an attorney fee in case of foreclosure.”
Bierlein v. Gagnon, 96 N.W.2d 473 (Minn. 1959). “t, which sum shall not be less than the aggregate amount of, (1) the amount claimed in the lien statement, (2) $18 for every $100 or fraction thereof, to cover interest, (3) the probable disbursements in an *150 action to enforce the claim for which the lien statement was filed,…”
Anda Constr. Co. v. First Fed. Sav. & Loan Ass'n, Duluth, 349 N.W.2d 275 (Minn. Ct. App. 1984). “Further, the contractual provision is authorized by statute; Minn.Stat. § 582.01, subd. 1 (1982), provides: The mortgagor may, in the mortgage, covenant to pay or authorize the mortgagee to retain an attorneys fee in case of foreclosure * * *.”
First Trust Co., Inc. v. Leibman, 445 N.W.2d 547 (Minn. 1989). “constituting the default actually existing in the conditions of the mortgage at the time of the commencement of the foreclosure proceedings, including insurance, delinquent taxes, if any, upon the premises, interest to date of payment, cost of publication and services of the…”
In Re the Strawberry Commons Apt. Owners Ass'n 1, 356 N.W.2d 401 (Minn. Ct. App. 1984). “The attorney’s fees were in excess of the amount authorized by Minn.Stat. § 582.01 (1982). 2. Failure to serve notice on respondents deprived them of due process and equal protection.”
Twin City Fed. Sav. & Loan Ass'n v. Cochrane, 295 N.W.2d 87 (Minn. 1980). “Oil March 15, 1979, the mortgagors redeemed the property and paid $11,755 in attorneys fees, the maximum allowed by Minn. Stat. § 582.01 (1978). At the hearing on their petition to discharge the receiver, they objected to TCF’s request for additional attorneys fees and costs,…”
In Re Smoots, 230 B.R. 140 (Bankr. D. Minn. 1996). “Minn.Stat. § 582.01, Subd. la. Subdivision la was added by the Minnesota legislature in 1992.”
Obraske v. Woody, 199 N.W.2d 429 (Minn. 1972). “*** Upon a hearing upon an application the court shall fix a sum of money to be deposited by the applicant with the clerk [including] * * * (4) an amount not less than double the amount of attorneys’ fees allowed upon the foreclosure under section 582.01, to cover any allowance…”
N. State Bank of Thief River Falls v. Efteland, 409 N.W.2d 541 (Minn. Ct. App. 1987). “Appellants do not come within this act because the foreclosure sale has not taken place. III. Attorney Fees Respondents raise, in their brief, a challenge to the amount of attorney fees awarded them by the trial court, and argue for more fees pursuant to Minn.”
Benson v. Empire State Bank, 516 N.W.2d 550 (Minn. Ct. App. 1994). “Second, the Bensons argued that the bank still had not provided an accurate financial accounting, and third, the Bensons contended that the bank violated Minn.Stat. § 582.01 (1990) by claiming unauthorized attorney fees.”
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