Right to reinstate any time before the sheriff’s sale
Minn. Stat. § 580.30subd. 1
In plain words
In Minnesota you can stop a foreclosure at any time before the sale by paying the amount actually in default (not the whole loan), plus allowed costs and attorney fees. This works for foreclosures by advertisement and by court action. The loan then continues as if the default had not happened.
Who is protected
Minnesota mortgagors, owners and junior lienholders before the foreclosure sale.
When it applies
- Only in Minnesota.
- Only after a notice of default or once a sale date is set.
What you can do
Ask in writing
Ask the foreclosing attorney in writing for a reinstatement figure good through the sale date.
Deadline: Before the sheriff’s sale
Open the toolRead the Minnesota guide
Our Minnesota page explains the whole process step by step, with its sources and free local help.
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Honest limits
- You must pay the full past-due amount plus allowed costs; the right ends at the sale.
- This is general education, not legal advice. Laws change and details depend on your papers and your court; check the current law or ask a lawyer or legal aid.
The law
- State lawReinstatement before sale
Minn. Stat. § 580.30subd. 1
Exact part: subd. 1
What it says: Paying the amount in default plus costs before the sale reinstates the mortgage.
Read the official texthttps://www.revisor.mn.gov/statutes/cite/580.30
Court cases
- Homeowner lostSame topicBoren v. U.S. National Bank Ass'n
Boren v. U.S. Nat'l Bank Ass'n, 807 F.3d 99 (5th Cir. 2015)
a lender may abandon a prior acceleration by giving notice that it seeks less than the full accelerated balance, which restarts the four-year limitations period
- Homeowner lostSame topicMartins v. BAC Home Loans Servicing, L.P.
Martins v. BAC Home Loans Servicing, L.P., 722 F.3d 249 (5th Cir. 2013)
a mortgage servicer acting for a properly assigned mortgagee may foreclose in Texas without possessing the original note, and an oral promise to modify a large loan is not enforceable
- Partial winSame topicReinagel v. Deutsche Bank National Trust Co.
Reinagel v. Deutsche Bank Nat'l Tr. Co., 735 F.3d 220 (5th Cir. 2013)
a Texas borrower may challenge an assignment of the loan on any ground that renders it void, though not on grounds that make it merely voidable
- Partial winSame topicCulhane v. Aurora Loan Services
Culhane v. Aurora Loan Servs., 708 F.3d 282 (1st Cir. 2013)
a mortgagor may contest the validity of a MERS assignment to the foreclosing entity, although the MERS framework itself is lawful
- Homeowner wonSame topicJerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A.
Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A., 559 U.S. 573 (2010)
the FDCPA's bona fide error defense does not excuse a debt collector's incorrect interpretation of what the Act requires
- Homeowner lostSame topicWhittier v. Ocwen Loan Servicing, L.L.C.
Whittier v. Ocwen Loan Servicing, L.L.C., 594 F. App'x 833 (5th Cir. 2014) (per curiam) (unpublished)
a RESPA claim against a servicer fails without evidence of actual damages caused by the violation
Related rights
Right to six weeks of published notice and personal service 4 weeks before the sale
Minn. Stat. § 580.03
A Minnesota foreclosure by advertisement requires six weeks of published notice. At least four weeks before the sale, a copy of the notice must be served on the person living in the home, the same way court papers are served. Other notices about your redemption rights and foreclosure advice come with it.
Read this rightRight to sue to stop or undo a sale when the servicer skips loss-mitigation rules
Minn. Stat. § 582.043subd. 7
Minnesota law requires servicers to follow loss-mitigation rules and limits foreclosure sales while a timely application is being reviewed. If a servicer violates those rules, you can go to court to stop (enjoin) the sale or set it aside, and a winning homeowner can recover reasonable attorney fees. You must record a lis pendens before the redemption period ends.
Read this rightThe right to be heard in court, and to speak for yourself
U.S. Const. amend. XIV, § 1Due Process Clause
Due process means that before the government, through a court, takes your property, you must get a meaningful chance to be heard. In federal court, you have a legal right to present your own case without a lawyer. Most state courts also let people represent themselves, under state rules.
Read this rightThe right to real notice before the government takes or sells your home
U.S. Const. amend. XIV, § 1Due Process Clause
Before a state or county sells your property — for example at a tax sale, or through a court foreclosure — the Constitution requires notice that is reasonably likely to actually reach you. If the government knows your address, publishing a notice in the newspaper is not enough. If a mailed notice comes back unclaimed, the government must take extra reasonable steps to reach you, if it practicably can.
Read this rightThe automatic stay: filing bankruptcy pauses most collection
11 U.S.C. § 362(a)
When a bankruptcy case is filed, an "automatic stay" goes into effect right away. It generally stops lawsuits, foreclosure steps, and other collection against you and your property, without anyone needing to ask a judge. Creditors who knowingly violate it can owe damages.
Read this rightChapter 13: catch up on missed mortgage payments over time
11 U.S.C. § 1322(b)(5)
In a Chapter 13 bankruptcy, a plan can let you catch up on missed mortgage payments over a reasonable time (often 3 to 5 years) while you keep paying the regular monthly payment. For your main home, you can use this cure until the home is sold at a foreclosure sale held under state law.
Read this right