Minn. Stat. » CHAPTER 609. CRIMINAL CODE
Minnesota Statutes

Minn. Stat. § 609.615 (2026)

Defeating Security On Realty

✓ current as of May 2026
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Whoever removes or damages real property which is subject to a mortgage, mechanic's lien, or contract for deed, including during the period of time allowed for redemption, with intent to impair the value of the property, without the consent of the security holder, may be sentenced as follows:

(1) if the value of the property is impaired by $300 or less, to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both; or

(2) if the value of the property is impaired by more than $300, to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.

Notes of Decisions
Cited in 7 cases, 1990–2015 · leading case: State v. Zacher, 504 N.W.2d 468 (Minn. 1993).
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State v. Zacher, 504 N.W.2d 468 (Minn. 1993). · cites it 33× “Zacher was charged and convicted of defeating a security interest on real property *470 under Minn.Stat. § 609.615 (1992). He admitted at trial that he took the items from the office building, that he did not tell anybody at the bank that he was going to take them, that he knew…”
Minneapolis Grand, LLC v. Galt Funding LLC, 791 N.W.2d 549 (Minn. Ct. App. 2010). · cites it 4× “In Zacher , the Minnesota Supreme Court held that “when a mortgagee purchases the mortgaged property at a foreclosure sale for the full amount of the debt, the property continues to be subject to the mortgage for the purposes of Minn.Stat. § 609.615 [imposing criminal liability…”
State v. Rewitzer, 617 N.W.2d 407 (Minn. 2000). · cites it 2× “($5,000 maximum fine); Defeating Security on Realty — $2,500 or less, Minn.Stat. § 609.615 (1996) ($10,000 maximum fine); Check Forgery — $200-$2,500, Minn.”
State v. Zacher, 490 N.W.2d 149 (Minn. Ct. App. 1992). · cites it 26× “ISSUE Was the property "subject to a mortgage" under Minn.Stat. § 609.615? ANALYSIS The statute under which Zacher was convicted reads: Whoever removes or damages real property which is subject to a mortgage, mechanic's lien, or contract for deed, with intent to impair the value…”
State v. Moon, 455 N.W.2d 509 (Minn. Ct. App. 1990). · cites it 4× “I concur specially because, while in complete accord with the majority on issue one, I would go on to answer issue two in the affirmative and hold that, on these facts, had Minn.Stat. § 609.615, subd. 1a been applied against appellant, it would have violated the constitutional…”
Prime Sec. Bank v. A&G Investments, Inc. (Minn. Ct. App. 2015). · cites it 4× “As a result, the state charged Zacher with the crime of defeating a security interest in real property under Minn. Stat. § 609.615 (1992). Id. at 469-70 .”
State of Minnesota v. Thomas Wayne Eilertson (Minn. Ct. App. 2014). · cites it 2× “” Minn. Stat. § 609.615 (2010). And defeating security on personalty requires “intent to defraud.”
— Minn. Stat. § 609.615(2) — 1 case
State v. Zacher, 490 N.W.2d 149 (Minn. Ct. App. 1992). “ISSUE Was the property "subject to a mortgage" under Minn.Stat. § 609.615? ANALYSIS The statute under which Zacher was convicted reads: Whoever removes or damages real property which is subject to a mortgage, mechanic's lien, or contract for deed, with intent to impair the value…”
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