Civil Process - Sales Guidelines
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 call (320) 523-3770 or (320) 523-1161 and request a Redemption Payoff. It is imperative that you contact our Office at least 7-business days 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. A non-refundable service fee, payable to the Renville County Sheriff, is required for the preparation of the certificate of redemption. 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 Renville 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 other than the mortgagor. These may include persons who have obtained any of the following:
- Mechanic’s Lien filed against the property.
- Judgment against the mortgagor.
- Mortgage against the property other the foreclosed mortgage.
- Any 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.
Redemption Fees Fees for redemption are established by the Renville County Board following a public hearing.
- Redemption Preparation Fee for Owner/Mortgagors: $250.00
- Redemption Preparation Fee for Junior Lien Holders: $250.00
- Filing fee for Junior Liens (Intent to redeem Affidavits): $100.00
The fee for redemption must be paid before a Certificate of Redemption is issued.