Mortgage foreclosure surplus

Minn. Stat. § 580.10 is the direct rule for surplus from foreclosure by advertisement: the sheriff pays surplus on demand to the mortgagor or successors, subject to statutory priority and disputed-claim procedures. Section 581.06 covers a judicial foreclosure surplus. Section 580.10 sets no fixed owner-claim cutoff; for surplus of at least $100 the sheriff must mail owner notice under the 2025 amendment. Sections 580.23–580.28 govern property redemption, not the owner’s surplus filing period.

Tax sale surplus

Minn. Stat. § 282.005, subds. 5–9, governs the initial tax-forfeited-land auction and distribution of surplus above the minimum bid. This is the operative post-Tyler provision; a general citation to ch. 282 is too broad. The county must send notice and a claim form within 60 days after sale, but the claimant has six months from the first mailed notice to file (§ 282.005, subd. 6). If no entitled party timely claims, the money returns to the county forfeited-tax-sale fund under subd. 9; it does not simply enter unclaimed property.

Unclaimed funds

Minnesota Unclaimed Property Act, Minn. Stat. ch. 345, especially § 345.49 (claims to the Commissioner of Commerce). Section 345.49 has no fixed general initial owner-claim deadline. The six-month tax-sale period in § 282.005 is a separate statutory cutoff.

Fee and practice notes

Tax overages are reported as not available at this time. This could change.

Statute text

Links to the statutes referenced in our research. These may be third-party copies of older code editions, so check the current official code before relying on them.

• Mortgage foreclosure statute