Right to redeem after the sale — usually 6 months
Minn. Stat. § 580.23subd. 1
In plain words
After a Minnesota sheriff’s sale, you can usually redeem (buy back) the home within six months by paying the sale price plus interest and certain costs. Some cases get 12 months, and abandoned homes only five weeks. You can usually live in the home and even sell it during redemption.
Who is protected
Minnesota mortgagors after a foreclosure sale.
When it applies
- Only in Minnesota.
- Only after the foreclosure sale.
What you can do
Put the deadline on your calendar
Get the sheriff’s certificate of sale; it shows the redemption deadline.
Deadline: 6 months after the sale (check the sheriff’s certificate)
Open the toolCompare your options
Use the redemption period to refinance, sell and keep your equity, or plan a move.
Open the tool
Honest limits
- Redemption requires paying the full sale price plus interest and allowed costs.
- 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 lawRedemption by mortgagor
Minn. Stat. § 580.23subd. 1
Exact part: subd. 1
What it says: The mortgagor may redeem within six months after the sale, with longer or shorter periods in some cases.
Read the official texthttps://www.revisor.mn.gov/statutes/cite/580.23
Court cases
- 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
- Homeowner lostSame topicMilton v. U.S. Bank National Ass'n
Milton v. U.S. Bank Nat'l Ass'n, 508 F. App'x 326 (5th Cir. 2013) (per curiam) (unpublished)
an agreement to delay a Texas foreclosure falls within the statute of frauds and must be in writing to be enforced
- Homeowner lostSame topicBFP v. Resolution Trust Corp.
BFP v. Resol. Tr. Corp., 511 U.S. 531 (1994)
the price received at a non-collusive foreclosure sale that complied with state law is reasonably equivalent value under the Bankruptcy Code
Related rights
No deficiency after most foreclosures by advertisement
Minn. Stat. § 582.30subd. 2
If your Minnesota mortgage is foreclosed by advertisement with a six-month or five-week redemption period, the lender cannot get a deficiency judgment against you for the rest of the debt.
Read this rightThe government cannot keep your home equity beyond the tax debt
U.S. Const. amend. VTakings Clause
If your home is taken or sold to pay property taxes, the government may collect what you owe, but it may not keep the extra value. Keeping the surplus is a "taking" of your property without just compensation, which the Fifth Amendment forbids (Tyler v. Hennepin County, 2023). You may be able to claim the surplus, but you usually must follow your state's claim process and deadlines.
Read this rightAfter a discharge, creditors cannot collect the wiped-out debt from you
11 U.S.C. § 524(a)(2)
A bankruptcy discharge wipes out your personal liability for most debts in the case. After that, the law forbids creditors from suing, calling or otherwise trying to collect a discharged debt from you personally. A court can hold a creditor in contempt if there was no fair doubt that its conduct was barred.
Read this rightRenters get at least 90 days' notice after a foreclosure
12 U.S.C. § 5220 note(Pub. L. 111-22, div. A, § 702(a)–(b))
If you rent a home that goes through foreclosure, the new owner must give you a notice to move at least 90 days before you have to leave. If you have a real (bona fide) lease signed before the foreclosure notice, you can usually stay until the lease ends. The exception is when the new owner will live in the home; even then you still get the 90 days' notice.
Read this rightRight to claim surplus after a tax-forfeited property auction
Minn. Stat. § 282.005subds. 3–6
Tyler v. Hennepin County (2023) came from Minnesota, and the state then changed its law. Now forfeited property is generally sold at public auction, and if there is a surplus above the minimum bid, the county auditor must send interested parties, including the former owner, a notice and a claim form within 60 days of the sale. Before the auction, an interested party may also repurchase the property by paying what is owed.
Read this right