MECHANICS LIEN SALES

Reference Material

Chapter 514. Liens; Labor, Material.

Exception to Provided Information

The information presented is not comprehensive. It does not provide legal advice, nor attempt to suggest a course of action if there are legal issues to be resolved. If you are unsure of how to proceed, you should contact an attorney. Our staff members are not permitted to provide legal advice, nor can we recommend any specific attorney.

Disclaimer

Every attempt has been made to ensure that the information contained on this website is valid at the time of publication. Benton County reserves the right to make additions, changes, or corrections at any time and without notice. Additionally, Benton County disclaims any and all liability for damages incurred directly or indirectly as a result of errors, omissions or discrepancies and is not responsible for misuse or misinterpretation. Data is updated periodically.

MORTGAGE FORECLOSURES

Mortgage foreclosures are legal actions taken to foreclose upon real estate. Minnesota State Statutes Chapters 580 to 582 address the subject of foreclosures.

Mortgage Foreclosure Sales Procedure

The sale is conducted by the Sheriff, or his designate, in an open bidding process. Sales are conducted at our facility in the Sheriff's Office on Tuesdays - Thursdays at 10 am. The bidding process will begin with the lender, mortgage company, or plaintiff's attorney/representative verbally announcing their bid. Check local newspapers for foreclosure times and dates.

Bidding Process

Following the opening bid, others are given an opportunity to bid. A successful bidder must have cash or certified funds (payable to the Benton County Sheriff) available to pay the Sheriff's Office at the time of the sale. The winning bidder will be charged an additional $100 service and processing fee. That is a separate transaction from the sale.

The successful bidder will receive a Sheriff's Certificate of Sale that lists the name of the purchaser and the amount of the purchase. The Certificate of Sale is prepared by the attorney and includes documentation proving that all statutory requirements have been completed.

Redemption of Mortgage Foreclosed Property

All mortgage foreclosure sales are subject to a redemption period. The length of the redemption period is noted in the sale notice. (The redemption period may be subject to change.)

Schedule and Cost

For redemption of foreclosed properties through the Benton County Sheriff's Office, requests must be made a minimum of 10 days prior to the day you wish to redeem. When making your request, please be sure to provide all the information listed on the Request for Certificate of Redemption form, which can be found in Civil Process Forms. There will be a $250 fee for issuing the Certificate of Redemption.

Short Sales

Note: The Benton County Sheriff's Office does not issue certificates of redemption for short sales. If the redemption involves a short sale, contact the lender/mortgage company or their attorney directly.

Creditor Redemption: Notice of Intent to Redeem

The Notice of Intent to Redeem must be filed with the Benton County Sheriff's Office Civil Division at least 7 days prior to the end of the owner/mortgagor's redemption period. The Notice of Intent to Redeem must be a recorded copy and include recorded copies of the supporting documents giving you the right to redeem (mortgage, lien, judgment). There is a $100 filing fee for each Notice of Intent to Redeem. Redemption matters are handled Monday through Friday (except legal holidays) between 9 am and 4 pm.

Disclaimer

Every attempt has been made to ensure that the information contained on this website is valid at the time of publication. Benton County reserves the right to make additions, changes, or corrections at any time and without notice. Additionally, Benton County disclaims any and all liability for damages incurred directly or indirectly as a result of errors, omissions or discrepancies and is not responsible for misuse or misinterpretation. Data is updated periodically.

List of Mortgage Foreclosure Sales

The Benton County Sheriff's Office does not provide a list of upcoming sales.

All mortgage foreclosure sales are published by the attorney for the mortgage company in accordance with Minnesota Statute 580.033.

• Star Tribune
• Sauk Rapids Herald

Disclaimer

The Benton County Sheriff's Office does not warrant the accuracy of the foreclosure information shown here. The status of sale information can change due to court order or corrective action taken by interested parties. Users of the information are responsible for verifying its accuracy. Employees of the Sheriff's Office are prohibited from giving legal advice. Consult an attorney on all real estate transactions.

• Defining the Detainer
  • To commence an Unlawful Detainer Action, the property owner must file a complaint with the Benton County Court Administrator.
• Defining the Eviction
  • To commence an Unlawful Detainer Action, the property owner must file a complaint with the Benton County Court Administrator.

Satisfying Judgement

A Writ of Execution is a court order that tells the Sheriff to help collect money someone is owed, based on a court judgment. It must be sent to the Sheriff in the county where the property (like money or belongings) is located. This property can be personal (like a car) or real (like a house).

Minnesota law (Chapter 550) explains the rules for collecting, protecting, or getting back property.

The Writ of Execution is good for 180 days after it is issued. The judgment it’s based on usually lasts for 10 years and can be renewed by going back to court.

Locating Assets

It is the responsibility of the judgment creditor to locate assets belonging to the judgment debtor which can be levied upon (seized) to satisfy the judgment. The most common procedures are wage levies and financial institution levies.

Wage Levies

If a creditor wants the Sheriffs Office to conduct a wage levy, it is the creditor's responsibility to provide an original plus a copy of the Writ of Execution directed to the Sheriff of the county in which the debtor works. The judgment creditor or the creditor's attorney must endorse this writ. The creditor must provide the Sheriff's Office with a deposit of $80, which will be applied to the cost of executing the writ. By law, the creditor must also provide the Sheriff's Office with a check for $15 made payable to the debtor's employer. This check will be given to the employer when the wage levy is served. The creditor is required to send an Execution Exemption Notice to the debtor at least 10 days prior to commencing the levy.

Forms

Wage Levy Execution instructions and an Execution Exemption Notice form can be found in Civil Process Forms.

Process

Wage levies are conducted for a 90-day period, after which the employer will send a check to the Sheriff's Office. If the check is insufficient to satisfy the judgment, the Sheriff's Office will contact you and require an additional $15 fee for the employer and will reserve the Writ and conduct a second 90-day levy. Following the second levy, all money collected will be processed and a check issued to the creditor. If it is not enough to satisfy the judgment, the creditor must start the process again by obtaining a new Writ of Execution, complete a new Wage Levy Instruction sheet and submit the necessary fees.

Financial Institution Levies

A levy at a financial institution requires a $80 deposit. The creditor must also provide the Sheriff with a $15 check made payable to the financial institution for each account that is being levied. The name on the account must be the same as the name of the judgment debtor on the Writ of Execution or the financial institution will not honor it.

Scheduling

Financial Institutions respond by mail to the Sheriff's Office approximately 30 days after the date of service. After that time, if a check is received from the bank, it is deposited and after the bank check clears, the funds are remitted to you by mail in the form of a Sheriff's check.

Forms

Bank Levy Execution Instructions and a Bank Levy Exemption form can be found in the MN Courts Self Help Center.

Personal Property Judgement Requirements and Fees

See Civil Process Forms.