If a power of sale is included in the mortgage agreement then a Minnesota lender may initiate a foreclosure sale. Sometimes the mortgage agreement sets forth the public notice requirements of the sale and in those cases the terms set in the mortgage agreement must be honored. If the mortgage agreement is silent as to the public notice requirements for the foreclosure sale then the Notice of Sale must be filed with the county clerk and published for six consecutive weeks prior to the foreclosure sale date.
If there is no power of sale in the mortgage agreement then a Minnesota lender may file a lawsuit to initiate a foreclosure. The filing of the lawsuit serves as public notice of the intended foreclosure.
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