Subdivision 1. Contractual fees. The mortgagor may, in the mortgage, covenant to pay or authorize the mortgagee to retain an attorney's fee in case of foreclosure; but such fees in case of foreclosure by advertisement shall not exceed the following amounts, and any provision for fees in excess thereof shall be void to the extent of the excess:
Notwithstanding subdivision 1 to the contrary, the minimum fee for foreclosure by advertisement of mortgages executed after July 31, 1992, is $500.
Subd. 2. Foreclosure by action. The court shall establish the amount of the attorney's fee in case of foreclosure by action.
Subd. 3. When default less than 30 days. If at the time of the commencement of the foreclosure proceedings, all of the items constituting said default were less than 30 days past due, then upon redemption the mortgagor shall not be required to pay the attorney's fee authorized in this section. This subdivision shall apply only to mortgages executed after May 31, 1971.
(9646) RL s 4499; 1953 c 454 s 1; 1971 c 833 s 2; 1992 c 463 s 34
Structure Minnesota Statutes
Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds
Chapter 582 — Mortgages; Foreclosure, General Provisions
Section 582.01 — Attorney's Fees.
Section 582.02 — Attorney's Fees, Collection.
Section 582.03 — Purchaser May Pay Taxes And Other Expenses Due.
Section 582.031 — Limited Right Of Entry; Duty To Enter And Protect Premises.
Section 582.032 — Five-week Redemption Period; Certain Abandoned Properties.
Section 582.039 — Mediation Notice For Agricultural Property.
Section 582.041 — Foreclosure Of Mortgage That Includes Homestead.
Section 582.042 — Foreclosure; Agricultural Land In Separate Tracts.
Section 582.043 — Loss Mitigation; Mortgage Foreclosure Dual Tracking.
Section 582.05 — Receiver Of Rents With Possession.
Section 582.06 — Default To Be Shown.
Section 582.07 — Receiver To Furnish Bond.
Section 582.08 — Possession, Entry After Filing Bond.
Section 582.09 — Receiver To File Account For Approval.
Section 582.10 — Certain Rights And Remedies Not Limited.
Section 582.11 — Powers And Duties Of Trustees In Certain Cases.
Section 582.12 — Court's Powers Over Trusts Not Limited.
Section 582.13 — State May Be Defendant In Certain Cases.
Section 582.14 — Limitation On Old Foreclosure Actions.
Section 582.15 — Termination Of Old Lis Pendens Notices.
Section 582.16 — Presumption Of Identity.
Section 582.17 — Old Actions Pending.
Section 582.18 — Construction.
Section 582.25 — Mortgages; Validating Foreclosure Sales.
Section 582.26 — Mortgage Foreclosure Sales By Action Legalized.
Section 582.27 — Application Of Curative Provisions.
Section 582.30 — Deficiency Judgments By Mortgage Holder.
Section 582.31 — One Action Allowed To Enforce Agricultural Mortgage.