Mortgage Foreclosures

Sheriff

List of Sheriff's Foreclosure Sales

The Pine County Sheriff's office does not provide a list of sales. 

Mortgage Foreclosures are legal actions taken to foreclose upon real estate, as opposed to personal property. These are covered by Minnesota Statutes Chapters 580 – 582

Sale Procedure

In both types of Mortgage Foreclosure Sales, the sale is conducted by the Sheriff, or his designee, in an open bidding process. Sales are conducted Thursdays at 10 a.m., in the Pine County Sheriff’s Office – 635 Northridge Dr. NW, Pine City, MN 55063. The mortgage company’s or plaintiff’s attorney will open the bid with the exact amount due at the time of the sale.

Following this bid, other bidders are given an opportunity to bid. A successful bidder must have cash or certified funds (payable to the Pine County Sheriff) available to pay the Sheriff’s Office at the time of the sale.

The successful bidder will receive a Sheriff’s Certificate of Sale that lists the name of the purchaser and the amount of the purchase. The Certificate of Sale is prepared by the attorney and includes documentation proving that all statutory requirements have been completed.

All mortgage foreclosure sales are subject to a redemption period, usually 6 or 12 months. The length of the redemption period is noted in the sale notice.

Mortgage Foreclosure by Advertisement

This is the most common type of foreclosure action. It is usually based upon some default in the terms of the mortgage.

The attorney hired to conduct the foreclosure will prepare the appropriate Notice of Mortgage Foreclosure Sale, arrange for service and publication of the notice and have the Sheriff’s Office conduct the sale.

Some attorneys utilize the Sheriff’s Office to serve the notices while others only notify the Sheriff’s Office of the sale. Since attorneys often do not involve the Sheriff’s Office until the day of the sale, information may not be available if you call.

Any questions regarding a sale or arrangements to reinstate a mortgage should be directed to the attorney preparing the sale. Their telephone number is usually published with the Notice of Sale.


Mortgage Foreclosure Sale Postponement by Mortgagor

A mortgagor may now postpone their scheduled foreclosure sale for 5 months from the original date (see Minnesota Statutes section 580.07, subdivision 2)  In exchange, the mortgagor agrees to a 5 week redemption period. 

Criteria for Mortgagor Postponement includes that the property must be classified as homestead and be of one to four units.  The mortgagor must also record the Affidavit of Postponement with the county recorder after the first publication of the Notice of Mortgage Foreclosure Sale AND at least 15 days before the scheduled sale date. 

What actions must the mortgagor take to postpone the sale?

  • Execute at least three copies of the required affidavit and have them notarized (attach a copy of the notice of sale to each copy)
  • Record one affidavit together with the notice of sale with the County Recorder in the county where the mortgage is filed and pay the filing fee
  • Obtain at least 2 other copies of the affidavit and notice of sale which must be stamped with the recording date and location
  • File one recorded copy of the Affidavit of Postponement together with the notice of sale with the sheriff conducting the sale at least 15 days before the sale
  • Deliver one recorded copy of the Affidavit of Postponement and notice of sale to the attorney representing the mortgagee

Affidavit of Postponement may be downloaded on this site under "Forms".

Mortgage Foreclosure by Action

These sales are conducted pursuant to a direct Order from a District Court Judge for the Sheriff to sell a specific parcel of real property.

The notices are prepared by the plaintiff’s attorney, similar to the Mortgage Foreclosure by Advertisement, or may be prepared by the Sheriff. However, the Sheriff or a Deputy will sign the Notice of Sale. Service of the Notice of Sale is usually done by the Sheriff’s Office. A posting in three public places as well as publication in the county’s legal newspapers is required by law.

Foreclosure Redemption

Pursuant to Minnesota Statutes, most properties sold in a Mortgage Foreclosure action can be redeemed by the mortgagor. The published Notice of Mortgage Foreclosure Sale usually contains a paragraph indicating the length of the redemption period. In most cases, this is six months. Minnesota Statutes Chapters 580 – 582 regulate these redemptions. However, some Mortgage Foreclosures are subject to federal regulations, in which case there is no redemption period.

A Certificate of Redemption can be obtained from the Sheriff’s Office of the county in which the foreclosure occurred or from the Mortgagee (lending institution).


Redemption by Mortgagor

(Recorded Fee Owner)

If a mortgagor wishes to obtain a Certificate of Redemption from the Sheriff’s Office, they should download the Redemption Payoff Request Form (see DOWNLOADABLE FORMS) or they should call 320-629-8383 and request a form.   Pine County Sheriff charges a $250 fee for redemptions of which $50 non-refundable is required to be submitted with the Redemption Payoff Request form.  It is imperative that you contact our Office at least 2 weeks prior to the anticipated redemption to confirm your intent to redeem and to obtain updated payoff information. This additional time is required for research of the recorded documents and preparation of the certificate. It will also allow time to contact the redeeming party if additional data or documents are required.

The amount of the redemption is determined by the following:

  • Amount bid at the foreclosure sale.
  •  Interest accruing from the date of sale to the date of redemption. (This is computed at the rate of interest on the mortgage.)
  • Additional amounts paid by the purchaser at the foreclosure sale. (These amounts may include insurance, taxes, assessments, etc.) The purchaser must present an Affidavit of additional amount of redemption to the Sheriff and record it with the County Recorder/Register of Titles within the listed redemption period in order to collect those amounts as part of the redemption.

Payment of the redemption amount must be tendered to the Sheriff’s Office in cash or certified funds made payable to the Pine County Sheriff’s Office. No other type of funds will be accepted.


Redemption by Other Parties

After the normal redemption period has expired, redemptions may be made by persons other than the mortgagor. These may include persons who hold or have obtained junior liens:

  • Mechanic’s Lien filed against the property.
  • Judgment against the mortgagor.
  • Mortgage against the property other the foreclosed mortgage.
  • Other valid lien existing against the property.

A redemption by other parties has some specific legal requirements. It is recommended that person interested in this type of redemption consult an attorney.

Minnesota Statutes 580.24 and 580.25 give the requirements for redemptions by junior lienholders. As of January 1, 2005, copies of all redemption documents must be filed with the sheriff as soon as they have been filed with the recorder or registrar.
Notice of Intention to Redeem filing fee: $100 per notice. Only one lien referenced per notice.


The Minnesota Housing Finance Agency offers information about mortgage foreclosure.

 

Civil Devision

Mailing Address:
Pine County Sheriff's Office
Civil Division
635 Northridge Drive NW
Suite 100
Pine City, MN  55063
P: 320-629-8383
F: 320-629-8392
E: Records@co.pine.mn.us