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If you're facing a foreclosure in Minnesota, you have the right to delay a foreclosure sale (often called the "Sheriff Sale" in Minnesota). Under Minnesota law, most homeowners get the right to postpone an upcoming foreclosure sale by either 5 months or 11 months, depending on the circumstances. The trade-off for getting a delay is that you'll have to agree to a shorter redemption period. However, giving up some time to redeem the property after the sale might be a small price to pay if a delay buys you enough time to work out an alternative to foreclosure or figure out a long-term solution to the problem that caused you to fall behind on your payments.
To qualify for a foreclosure sale postponement, you and your property must meet the following criteria.
Exactly how long of a delay you'll get depends on your original redemption period. You'll get either:
The new sale date will be the first day that is not a Saturday, Sunday, or legal holiday that is 5 or 11 months after the original sale date.
Delaying the sale might give you enough time to bring the loan current and stop the foreclosure. You could also use the time to (hopefully) get a loss mitigation option, like a mortgage modification.
Most Minnesota homeowners get a 6-month redemption period after the foreclosure sale. (Minn. Stat. Ann. § 580.23 (2024).) But for certain kinds of properties, like agricultural properties, or if the amount owed on the mortgage is less than 66-2/3 percent of the original principal amount, for example, the redemption period is 12 months. (Minn. Stat. Ann. § 580.23 (2024).) If the homeowner abandons the home, a court can reduce the redemption period to 5 weeks. (Minn. Rev. Stat. § 582.032 (2024).)
If you postpone the foreclosure sale, the compromise is that your redemption period is reduced automatically to 5 weeks. (Minn. Rev. Stat. § 580.07 (2024).)
To postpone the foreclosure sale, you must do the following.
You get only a small window of time to delay the sale. You must complete all of the above steps between:
You can postpone the sale just once, regardless of whether you reinstate the loan before the postponed foreclosure sale. (Minn. Rev. Stat. § 580.07 (2024).)
Look Out for Legal ChangesThis article contains information on Minnesota foreclosure laws, with citations to statutes so you can learn more. Statutes change, so checking them is always a good idea. How courts and agencies interpret and apply the law can also change. And some rules can even vary within a state. These are just some of the reasons to consider consulting an attorney if you're facing a foreclosure.
Whether delaying the foreclosure sale is a good idea depends on your ultimate goal.
Ultimately, if you think you can catch up on your past-due payments, but you need a little more time to do so, getting a postponement is probably a good idea. It's also probably a good idea if you need to some time to finalize a loan modification.
In Minnesota, you have the right to live in the home during the redemption period. (Minn. Stat. Ann. § 580.041 (2024).)
So, if you're trying to buy some extra time in your home, postponing the sale won't really help you because the redemption period is shortened to 5 weeks. You'll gain time due to the sale postponement, but lose most of the redemption period—and you'll be in basically the same boat as if you didn't get the delay.
If you have any questions about whether you should postpone the foreclosure sale, consult with a foreclosure lawyer.
Also, keep in mind that you might have other options for delaying a foreclosure, like fighting the foreclosure in court or filing for bankruptcy. To find out about your options for challenging a foreclosure in court, talk to a foreclosure lawyer. To learn whether filing for bankruptcy is right for you, consider talking to a bankruptcy attorney.