MN Foreclosure

Minnesota case law summary by Attorney Richard Clem: foreclosure.

Amos Graves v. Michael Wayman et al.. MN Foreclosure

The Minnesota Supreme Court held:

  1. When a homeowner timely cancels a foreclosure reconveyance under Minn. Stat. 325N.13, any deed executed by the homeowner before the cancellation is rendered void.
  2. Because a deed that has been rendered void by a timely cancellation notice under Minn. Stat. 325N.13 does not transfer title, a mortgagee does not take any interest based on such a deed, even if the mortgagee can establish that it was a bona fide purchaser.
  3. It remains an open question, for consideration by the district court on remand, whether the appellant, the purported mortgagee, has an interest in the property based on equitable principles.

No. A11-1521 (Minn. Feb. 25, 2015).

Please see the original opinion for the court's exact language.


Richard P. Clem is an attorney and continuing legal education (CLE) provider in Minnesota. He has been in private practice in the Twin Cities for 25 years. He has a J.D., cum laude, from Hamline University School of Law in St. Paul and a B.A. in History from the University of Minnesota. His reported cases include: Asociacion Nacional de Pescadores a Pequena Escala o Artesanales de Colombia v. Dow Quimica de Colombia, 988 F.2d 559, rehearing denied, 5 F.3d 530 (5th Cir. 1993), cert. denied, 510 U.S. 1041 (1994); LaMott v. Apple Valley Health Care Center, 465 N.W.2d 585 (Minn. Ct. App. 1991); Abo el Ela v. State, 468 N.W.2d 580 (Minn. Ct. App. 1991).

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