Section 581.06 — Surplus.
581.06 SURPLUS. When the sale is for cash, if, after satisfying the mortgage debt, with costs and expenses, there is a surplus, it shall be brought into court for the benefit of the mortgagor or the person entitled thereto, subject to the order of the court. If such surplus remains in court for three months […]
Section 581.07 — Foreclosure For Installment; Dismissal, Stay.
581.07 FORECLOSURE FOR INSTALLMENT; DISMISSAL, STAY. When an action is brought for the foreclosure of a mortgage on which there is due any interest, or any portion of the principal, and there are other portions to become due subsequently, the action shall be dismissed, upon the defendant bringing into court, at any time before the […]
Section 581.08 — Report Of Sale; Confirmation; Resale.
581.08 REPORT OF SALE; CONFIRMATION; RESALE. Upon the coming in of the report of sale, the court shall grant an order confirming the sale, or, if it appears upon due examination that justice has not been done, it may order a resale on such terms as are just. If the sale is confirmed, the sheriff […]
Section 581.09 — Satisfaction Of Judgment.
581.09 SATISFACTION OF JUDGMENT. Upon confirmation of the report of sale, the court administrator shall enter satisfaction of the judgment to the extent of the sum bid for the premises, less expenses and costs. The amount entered is full satisfaction of the judgment unless a deficiency is allowed under section 582.30. If a deficiency judgment […]
Section 581.10 — Redemption By Mortgagor, Creditor.
581.10 REDEMPTION BY MORTGAGOR, CREDITOR. The mortgagor, or those claiming under the mortgagor, within the time specified in section 580.23 or 582.032, whichever applies, after the date of the order of confirmation, may redeem the premises sold, or any separate portion thereof, by paying the amount bid therefor, with interest thereon from the time of […]
Section 581.01 — Rules Governing.
581.01 RULES GOVERNING. Actions for the foreclosure of mortgages shall be governed by the same rules and provisions of statute as civil actions, except as in this chapter otherwise provided. History: (9634) RL s 4486
Section 581.02 — Application, Certain Sections.
581.02 APPLICATION, CERTAIN SECTIONS. The provisions of sections 580.08, 580.09, 580.12, 580.22, 580.25, and 580.27, so far as they relate to the form of the certificate of sale, shall apply to and govern the foreclosure of mortgages by action. History: (9635) RL s 4487; 2006 c 212 art 3 s 38
Section 581.03 — Judgment, Transcript.
581.03 JUDGMENT, TRANSCRIPT. Judgment shall be entered, under the direction of the court, adjudging the amount due, with costs and disbursements, and the sale of the mortgaged premises, or some part thereof, to satisfy such amount, and directing the sheriff to proceed to sell the same according to the provisions of law relating to the […]
Section 581.04 — Separate Tracts.
581.04 SEPARATE TRACTS. When it appears that the sale of the whole of the mortgaged premises in one parcel will be most beneficial to the interests of the parties, the court may adjudge that the same be so sold, notwithstanding that they consist of distinct farms or tracts. History: (9637) RL s 4489
Section 580.20 — Action To Set Aside For Certain Defects.
580.20 ACTION TO SET ASIDE FOR CERTAIN DEFECTS. No such sale shall be held invalid or be set aside by reason of any defect in the notice thereof, or in the publication or service of such notice, or in the proceedings of the officer making the sale, unless the action in which the validity of […]