2015 Revised Affidavit Form

2015 Revised Affidavit Form

The 2015 Legislature enacted amendments to the Minnesota law which governs mortgage foreclosure by advertisement.  Those amendments appear in Chapter 14 of the 2015 session laws.  They are effective on July 1, 2015.

Most importantly, a new statute was added (§580.033) that specifies where a notice of foreclosure should be published, something that was ambiguous under prior law.  This statute also requires that affidavits of publication issued by a newspaper must contain certain language related to the published foreclosure notice.

The affidavit of publication form includes (in paragraph 5) the language called for by the new statute.  The form also complies with the general requirements for affidavits of publication found in Minnesota Statute, §331.07.  The form is drafted so that it can be used for any published notice, not just mortgage foreclosure notices; in other words, you don’t need to use a different form for other kinds of notices.

Beginning July 1, affidavits for mortgage foreclosure by advertisement must contain the new language on this form.  As always, please don’t hesitate to contact MNA if you have any questions.

Download the new affidavit form here