Foreclosure, date of commencement

Minnesota case law summary by Attorney Richard Clem: Foreclosure, date of commencement.

Randall L. Twait v. MidFirst Bank. MN Foreclosure, date of commencement

Minnesota Statute 580.02 provides that prior to a foreclosure by advertisement beginning, any assignments must be recorded. At issue in this case was when the foreclosure had actually begun.

Randall L. Twait was the owner of property in Minneapolis and was behind on his mortgage. On November 2012, the holder of the mortgage assigned it to MidFirst Bank. On December 3, 2012, the Bank mailed a Notice of Mortgage Foreclosure Sale, which stated that the sale was scheduled for January 29, 2013. On December 4 (the day after the notice), the assignment was recorded. The notice of sale was first published on December 12, and a copy was served on Twait on December 21.

After the sale, Twait brought an action in Hennepin County to declare the sale null and void. He argued that the foreclosure had begun on December 3, prior to the assignment being recorded, in violation of the statute. The District Court disagreed, and Twait appealed to the Minnesota Court of Appeals.

The appellate court affirmed. It held that the foreclosure began on the date of the first publication of notice of sale, December 12. It cited Minnesota Statute 541.03, as well as other statutes in so holding. Since the assignment was recorded prior to this date, the sale was proper, and the appeals court affirmed.

No. A14-0877 (Minn. Ct. App. Jan. 26, 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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