2003 Minnesota Code
Chapters 570 - 583 Compensatory and Collection Remedies
Chapter 580 Mortgages; Foreclosure by Advertisement
Section 580.02 Requisites for foreclosure.
580.02 Requisites for foreclosure.
To entitle any party to make such foreclosure, it is requisite:
(1) that some default in a condition of such mortgage has occurred, by which the power to sell has become operative;
(2) that no action or proceeding has been instituted at law to recover the debt then remaining secured by such mortgage, or any part thereof, or, if the action or proceeding has been instituted, that the same has been discontinued, or that an execution upon the judgment rendered therein has been returned unsatisfied, in whole or in part;
(3) that the mortgage has been recorded and, if it has been assigned, that all assignments thereof have been recorded; provided, that, if the mortgage is upon registered land, it shall be sufficient if the mortgage and all assignments thereof have been duly registered.
HIST: (9603) RL s 4458
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