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Section 582.01 — Attorney’s Fees.

582.01 ATTORNEY’S FEES. 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 […]

Section 582.02 — Attorney’s Fees, Collection.

582.02 ATTORNEY’S FEES, COLLECTION. When the mortgage provides for an attorney’s fee in case of foreclosure, and an attorney at law of the state is employed to conduct the same, the mortgagee or the mortgagee’s heirs, personal representatives or assigns, may, upon foreclosure, collect or retain such fee, but not in excess of the sum […]

Section 582.03 — Purchaser May Pay Taxes And Other Expenses Due.

582.03 PURCHASER MAY PAY TAXES AND OTHER EXPENSES DUE. Subdivision 1. Allowable costs collectable upon redemption. The holder of any sheriff’s certificate of sale, from a foreclosure by advertisement or action of a mortgage or lien or execution, or the holder of any certificate of redemption as a junior creditor during the period of redemption, […]

Section 582.031 — Limited Right Of Entry; Duty To Enter And Protect Premises.

582.031 LIMITED RIGHT OF ENTRY; DUTY TO ENTER AND PROTECT PREMISES. Subdivision 1. Right of entry. (a) If premises described in a mortgage or sheriff’s certificate are vacant or unoccupied, the holder of the mortgage or sheriff’s certificate or the holder’s agents and contractors may enter upon the premises to protect the premises from waste […]

Section 582.032 — Five-week Redemption Period; Certain Abandoned Properties.

582.032 FIVE-WEEK REDEMPTION PERIOD; CERTAIN ABANDONED PROPERTIES. Subdivision 1. Application. This section applies to mortgages executed after December 31, 1989, under which there has been a default in the payment of money existing for at least 60 days as of the date of the filing of the complaint or motion provided for in this section. […]

Section 582.039 — Mediation Notice For Agricultural Property.

582.039 MEDIATION NOTICE FOR AGRICULTURAL PROPERTY. Subdivision 1. Requirement. A person may not begin a proceeding under this chapter or chapter 580 to foreclose a mortgage on agricultural property subject to sections 583.20 to 583.32 that has a secured debt of more than the amount provided in section 583.24, subdivision 5, unless: (1) a mediation […]

Section 582.041 — Foreclosure Of Mortgage That Includes Homestead.

582.041 FORECLOSURE OF MORTGAGE THAT INCLUDES HOMESTEAD. Subdivision 1. Notification of homestead designation. If a mortgage on real property is foreclosed and the property contains a portion of a homestead, the person in possession of the real property must be notified by the foreclosing mortgagee that the homestead may be sold and redeemed separately from […]

Section 582.042 — Foreclosure; Agricultural Land In Separate Tracts.

582.042 FORECLOSURE; AGRICULTURAL LAND IN SEPARATE TRACTS. Subdivision 1. Notice about tracts. If a mortgage on real property that is agricultural land is foreclosed and the property contains separate tracts, the person in possession of the real property must be notified by the foreclosing mortgagee that the separate tracts may be sold and redeemed separately. […]

Section 582.043 — Loss Mitigation; Mortgage Foreclosure Dual Tracking.

582.043 LOSS MITIGATION; MORTGAGE FORECLOSURE DUAL TRACKING. Subdivision 1. Definitions. (a) For purposes of this section, the terms defined in this subdivision have the meanings given them. (b) “Foreclosure sale date” means either: (1) the date of the foreclosure sale contained in the notice that has been either served or published as required under section […]

Section 582.05 — Receiver Of Rents With Possession.

582.05 RECEIVER OF RENTS WITH POSSESSION. On the commencement of proceedings to foreclose, either by action or advertisement, any mortgage on a leasehold estate of more than three years covering urban property, or at any time after such commencement until the expiration of the period of redemption, the owner of any such mortgage or the […]

Section 582.06 — Default To Be Shown.

582.06 DEFAULT TO BE SHOWN. The court shall appoint the receiver on a showing that default has been made in any of the conditions of the mortgage, without any further evidence and without regard to the solvency or insolvency of the person liable for the debt secured by the mortgage. The appointment shall be made […]

Section 582.07 — Receiver To Furnish Bond.

582.07 RECEIVER TO FURNISH BOND. Before undertaking duties, the receiver so appointed shall file in court a bond for the faithful performance of such duties. The bond shall run to the owner of the mortgaged leasehold and shall be in such sum as the court shall determine and with such surety or sureties as shall […]

Section 582.08 — Possession, Entry After Filing Bond.

582.08 POSSESSION, ENTRY AFTER FILING BOND. After filing the bond mentioned in section 582.07, the receiver shall enter into possession of the mortgaged premises and collect all the rents and income therefrom, and shall apply the same to the payment of the expenses of the receivership and to the payment of all sums of money […]

Section 582.09 — Receiver To File Account For Approval.

582.09 RECEIVER TO FILE ACCOUNT FOR APPROVAL. At the termination of the receivership for any cause, the receiver shall file an account in such court. On the approval and confirmation of the account the receiver shall dispose of the funds on hand in accordance with the order of the court, and shall thereupon be entitled […]

Section 582.10 — Certain Rights And Remedies Not Limited.

582.10 CERTAIN RIGHTS AND REMEDIES NOT LIMITED. The provisions of sections 582.05 to 582.09 shall in no manner detract from or limit the rights and remedies of the mortgagor or the mortgagee provided by law. History: (9655) 1915 c 305 s 6

Section 582.11 — Powers And Duties Of Trustees In Certain Cases.

582.11 POWERS AND DUTIES OF TRUSTEES IN CERTAIN CASES. When a mortgage made or assigned to a trustee or trust deed on any real property or any real and personal property located in this state has been heretofore or shall hereafter be foreclosed and bid in on the foreclosure by a trustee for the holders […]

Section 582.12 — Court’s Powers Over Trusts Not Limited.

582.12 COURT’S POWERS OVER TRUSTS NOT LIMITED. Nothing in section 582.11 shall be deemed to limit or abridge the power or jurisdiction of the district court over trusts and trustees, or to limit the authority conferred upon any trustee by any mortgage, trust deed, or other instrument. History: (9655-6) 1937 c 108 s 2

Section 582.13 — State May Be Defendant In Certain Cases.

582.13 STATE MAY BE DEFENDANT IN CERTAIN CASES. In all cases not otherwise provided for, the consent of the state of Minnesota is given to be named a party in any suit which is now pending or which may hereafter be brought in any state court having jurisdiction of the subject matter, to quiet title […]

Section 582.14 — Limitation On Old Foreclosure Actions.

582.14 LIMITATION ON OLD FORECLOSURE ACTIONS. No action or proceeding to foreclose a real estate mortgage executed prior to November 1, 1909, shall be maintained after January 1, 1946, unless prior to said date the owner of said mortgage shall have filed in the office of the county recorder of the county in which is […]