Foreclosures by action postponement provisions modifications
This bill (SF 1962) prohibits lenders from enforcing "due-on-sale" clauses - where a loan becomes due immediately upon property transfer - during specific family-related transfers of residential property in Minnesota. It directly affects homeowners who transfer property through methods like transfer-on-death deeds, inheritance by spouses/children, divorce settlements, or certain trusts, preventing lenders from demanding full repayment. The key provision adds a new section to Minnesota law (§58.13, subd. 3) that blocks these clauses in the listed scenarios, with exceptions for reverse mortgages. It also creates a private right of action, allowing affected individuals to seek legal remedies, attorney fees, and costs for violations.
Bill status
died
1 of 4 stages cleared
Introduction
Feb 2025
Committee Review
Floor Vote
Governor
Introduced Feb 27, 2025
Last action Apr 9, 2025
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What changed between versions
Introduction
→
1st Engrossment
·
4 edits
·
Apr 7, 2025
MODERATE
This bill updates Minnesota foreclosure laws to provide homeowners with more flexibility and protection during the sale process. It adds new rules allowing lenders to postpone sales with specific notice requirements and grants homeowners the right to postpone sales to extend their redemption period. The changes also clarify which types of foreclosures these new rules apply to.
Scope change
The bill expands the scope of foreclosure protections to include judicial foreclosures under Chapter 581, whereas previous provisions focused primarily on other foreclosure types. It applies specifically to judicial foreclosures where the lis pendens was recorded on or after August 1, 2025.
REQUIREMENT
Lenders must now publish a notice of postponement and mail specific notices to occupants when postponing a foreclosure sale, including details about vacating dates.
Homeowners of 1-4 unit homestead properties can now file a sworn affidavit to postpone a foreclosure sale, which automatically reduces their redemption period to five weeks.
SCOPE
New postponement rules for both lenders and homeowners now explicitly apply to judicial foreclosures under Chapter 581.
ENFORCEMENT
A new provision clarifies that certain sections of the foreclosure code governing certificate forms also apply to judicial foreclosures.
Floor votes
How they voted
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Full legislative history
Actions timeline
Total actions
6
Key actions
1
Committee
3
Apr 7, 2025
Upper · Passed
Comm report: To pass as amended
upper
Mar 6, 2025
Committee
Withdrawn and re-referred to Judiciary and Public Safety
upper
Feb 27, 2025
Committee
Referred to Commerce and Consumer Protection
upper
Feb 27, 2025
Introduced
Introduction and first reading
upper
1 primary · 1 co-sponsor
Sponsors
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