SF 3791 Minnesota Senate · 2025-2026 Regular Session

Mortgage sale postponement right clarification provision

This bill clarifies homeowners' ability to postpone mortgage foreclosure sales for homestead properties (one to four dwelling units) in Minnesota. Homeowners can file a sworn affidavit 15 days before the sale date to delay the sale until the next non-weekend, non-holiday date, automatically reducing their redemption period from six or twelve months to five weeks. The affidavit must be recorded with county offices and filed with the sheriff, and this postponement right applies only once per foreclosure case. The policy change affects homeowners facing foreclosure under Minnesota Statutes chapters 580 or 581, with the law applying to foreclosures with notices recorded after enactment.

Issues: ✓ Housing

Bill status died 1 of 4 stages cleared

Introduction

Feb 2026

Committee Review

Floor Vote

Governor

Introduced Feb 23, 2026 Last action Apr 15, 2026

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What changed between versions

Introduction → 1st Engrossment · 4 edits · Mar 4, 2026

MODERATE

This bill updates the rules for postponing mortgage foreclosure sales in Minnesota. It clarifies that the right to postpone a sale can be used once per foreclosure proceeding rather than multiple times, adds a new exception preventing the sale from being invalidated if a homeowner submits a defective affidavit (unless fraud is involved), and restricts the automatic shortening of the redemption period to only the specific foreclosure that was postponed.

Scope change

The bill expands the scope of the postponement right to include foreclosures under Chapter 581 (judicial foreclosure) and clarifies that the right applies to each distinct foreclosure proceeding, not just the initial one.

ELIGIBILITY

Changed the rule so the right to postpone a foreclosure sale can be exercised only once per foreclosure proceeding, regardless of whether the mortgage is reinstated.

ENFORCEMENT

Added a provision stating that a foreclosure sale will not be invalidated if the lender postpones the sale due to a defective or untimely affidavit, unless the affidavit was obtained through fraud.

REQUIREMENT

Clarified that the automatic reduction of the redemption period to five weeks applies only to the specific foreclosure sale that was postponed, not to any future sales of the same mortgage.

SCOPE

Extended the right to postpone a foreclosure sale to include judicial foreclosures under Chapter 581, in addition to non-judicial foreclosures.

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Full legislative history

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Key actions

Committee

Mar 4, 2026

Upper · Passed

Comm report: To pass as amended

upper

Feb 23, 2026

Committee

Referred to Judiciary and Public Safety

upper

Feb 23, 2026

Introduced

Introduction and first reading

upper

1 primary · 0 co-sponsors