Minnesota2026Passed Legislature
HF3479
Clarifying the Right to Postpone a Mortgage Sale
Last scannedAug 22, 2026, 3:39 AM
In one sentence
This law clarifies rules for homeowners in Minnesota who want to delay their home foreclosure sale by agreeing to shorten the time they have to pay back the loan.
What it does
- Allows owners, or heirs and personal representatives of deceased owners, to postpone a mortgage sale if the property is a homestead with one to four dwelling units.
- Sets new postponement dates: five months after the scheduled date if the statutory redemption period is six months, or 11 months if it is 12 months.
- Requires homeowners to execute and record a sworn affidavit at least 15 days before the scheduled sale date.
- Automatically reduces the time allowed to redeem (buy back) the property from months down to five weeks when this postponement right is used.
- Limits this right to one use per foreclosure proceeding, regardless of whether the loan was paid up again later.
- States that a defective or late affidavit will not cancel the sale unless it involves illegal conduct under chapter 325N.
Who it affects
- Homeowners who live in properties classified as homesteads with one to four dwelling units.
- Personal representatives or heirs of deceased homeowners entitled to transfer ownership by devise, descent, or operation of law.
- Sheriffs and attorneys conducting mortgage foreclosure sales.
Limits and unknowns
- The law applies only to foreclosures where a notice of pendency (chapter 580) or lis pendens (chapter 581) was recorded on or after the day following final enactment.
- If a federal bankruptcy stay stops the sale, the shortened five-week redemption period still applies when that stay ends for that specific foreclosure.
Plain language
Terms to know
- Homestead
- A property classified as a primary residence under Minnesota Statutes section 273.124, often with special legal protections.
- Redemption period
- The amount of time after a foreclosure sale during which the owner can pay off the debt to get their home back.
- Affidavit
- A written statement confirmed by an oath or affirmation, used here as proof that the owner wants to postpone the sale and shorten the redemption period.
Official record
Sources
Official summary
Right to postpone a mortgage sale clarified.
Official activity
Bill history
- Presented to Governor 04/20/2026House
- Presentment date 04/20/26Senate
- Returned from SenateHouse
- Special OrderSenate
- Comm report: Subst. for SF on General Orders SF3791Senate
- Received from HouseSenate
- Third readingHouse
- House rule 1.21, placed on Calendar for the Day Monday, April 13, 2026House
- Committee report, to adopt as amendedHouse
- Committee report, to adopt as amended and re-refer to Judiciary Finance and Civil LawHouse
- Introduction and first reading, referred to Commerce Finance and PolicyHouse