Civil Process

Mortgage foreclosures are either accomplished by action or by advertisement. In either case, the attorney for the mortgage company is required to publish a Notice of Foreclosure Sale in a qualified newspaper defined by Minnesota statute §331A.01. The Sheriff’s office then serves as the auctioneer at the sale. 

A mortgagor may postpone a foreclosure sale: Minnesota Statute §580.07 Subd. 2. To postpone the sale, a mortgagor must:

Obtain an Affidavit of Postponement and have it recorded. Provide (mail or personal delivery) a recorded copy of the Affidavit of Postponement along with a copy of the Notice of Mortgage Foreclosure Sale to the Beltrami county Sheriff’s Office Civil Process division at least 15 days prior to the original sale date, along with the service fee. If the foreclosure is postponed, the redemption period will be reduced to five weeks

Oftentimes the sheriff is not involved in the foreclosure process until the day of the scheduled sale. For this reason, we may not have information about a property available if you call. Any questions regarding a sale should be directed to the attorney preparing the sale. Their telephone number is usually published with the Notice of Sale in the newspaper.

Interested bidders may wish to check with the County Recorder’s Office to research any subsequent mortgages and/or liens on the property. 218-333-4170 .

Interested bidders generally do not have access to view a property prior to sale. An exception would be if the property is listed for sale. In this instance, interested bidders may contact the realtor to arrange viewing of the property.

In Beltrami County, sales are typically conducted on Tuesdays at 10:00 AM in the lobby of the Beltrami County Sheriff's Office. The sheriff’s office conducts the sale using an open bidding process. A sheriff's deputy reads the Notice of Sale. The mortgages' representative will then open bidding with the amount due on the property. Any other interested buyers may then bid on the property. Bids must be in increments of one dollar or more. The buyer must present cash or certified funds in entirety to the sheriff at the time of the sale. After the sale, the sheriff issues a Report or Certificate of Sale.

The property is then subject to a redemption period, usually six or twelve months where the mortgagor may redeem or sell the premises. During that time, the mortgagor may continue to live in the home. If a mortgagor of their assign wish to redeem the property through the Sheriff’s office they must contact the civil process division at the Beltrami county Sheriff’s office not less than seven days prior to the redemption date. In order to redeem, the redeeming party must provide the following information:

1. Name of mortgagor or other party redeeming, if not the mortgagor
2. Date of mortgage foreclosure sale
3. Date of redemption
4. Address of property
5. Contact information of person to whom the redemption figures can be provided.

The redemption payment amount is determined by the following:

1. Amount bid at the foreclosure sale.
2. Accrued interest from the date of sale to the date of redemption.
3. Additional amounts paid by the purchaser, which may include insurance, taxes, assessments, etc. The purchaser must present an affidavit of additional amount due at redemption to the Sheriff’s Office Civil Process division within the redemption period to collect those amounts as part of the redemption.
4. A non-refundable service fee payable to the Beltrami County Sheriff’s Office for preparation of the certificate of redemption.

If the mortgagor does not redeem, creditors with liens on the property may then redeem. All redemption documents must be filed by the redeeming creditor with the Sheriff's Office Civil Process division at least one week prior to the end of the mortgagor’s redemption period. The documents filed will include copies of documents establishing the underlying lien on the property, and a Notice of Intent to Redeem showing they have been recorded with the county recorder or registrar of titles. There is a filing fee for each Notice of Intent to Redeem.

The same information to be provided at the time of request of redemption by the mortgagor must also be provided at the time of the request for redemption by a creditor.

If the mortgagor or a creditor does not redeem, the buyer may begin the eviction process after the Redemption period has expired.

Civil Process Disclaimer: This information is provided as a public service and intended to be a general overview of the responsibilities and duties of the Civil Process Division of the Beltrami County Sheriff’s Office.

Please be aware the information presented is not comprehensive. This information does not provide legal advice, nor does it attempt to suggest a course of action. Do not rely on this information as legal advice. If you need legal advice, contact an attorney. If you are unsure how to proceed, consult an attorney. The Sheriff’s Office will not provide legal advice nor recommend any specific attorney.

Due to the changing nature of the law, this information may also become outdated. Therefore, please review and research statutes and rules of procedures. Laws in this area are complicated and an attorney can suggest the appropriate course of legal action to take in your case. In most cases, reference is made to applicable Minnesota Statutes. Minnesota Statutes are available online through the State of Minnesota’s website at https://www.revisor.mn.gov/ .

The Beltrami County Sheriff's Office does not warrant the accuracy of foreclosure information. Much of the information is gathered and presented by private parties who prepare foreclosures. The status of sale information can change due to court orders or corrective actions taken by interested parties.

To begin an eviction action, the following steps are required:

The property owner must file an  Eviction Summons / Action Complaint with the district court.

The district court will set a court date, issue a summons, and provide the plaintiff with copies of the summons and complaint to serve each defendant. If the tenant has unknown individuals living on the premises, the plaintiff may list John Doe, Mary Roe, etc., as additional defendants.

The summons and complaint must be served on or posted for each tenant/defendant no less than seven days before the court date (not to include the court date itself). Service must be made by an individual who is not part of the court action. A notarized affidavit of service must be filed with district court before the date of the court hearing. The Beltrami County Sheriff’s Office Civil Process division can perform the service(s) or posting. The original summons, plus copies of the summons and complaint for each defendant, must be delivered to the Civil Process division as soon as possible. Advance payment of service fees is required. A Sheriff's Deputy will then complete the appropriate affidavits of service and submit to the district court the original summons and affidavits of service.

If a judge rules in the plaintiffs favor at the hearing, a writ of recovery (order for the sheriff to restore the premises to the plaintiff) will be issued.

The original Writ is valid for 30 days & must be delivered to the Beltrami County Sheriff’s Office Civil Process division along with payment of service fees immediately. A deputy will serve the Writ on the occupants if they are home, if they are not home it will be posted on the door of the residence. The occupants will be provided with a 24-hour notice, advising that the Sheriff’s Office can remove them 24 hours after the Writ is served or posted.

If the occupants do not vacate the residence, it is the property owner’s responsibility to contact the Beltrami County Sheriff’s Office Civil Process division to schedule a time for removal of the occupants and their property from the residence. The sheriff’s office collects a lockout fee for this service.

It is the property owner’s responsibility to be familiar with storage and movement of property laws.

Harassment Restraining Orders

Victims of harassment may apply for a harassment restraining order through the district court. According to Minnesota Statutes §609.748, the definition of harassment includes a "single incident of physical or sexual assault or repeated incidents of intrusive or unwanted acts, words, or gestures that have a substantial adverse effect or are intended to have a substantial adverse effect on the safety, security, or privacy of another, regardless of the relationship between the actor and the intended target."

Orders for Protection

Anyone seeking an Order for Protection may apply for one through the district court. The Beltrami County Sheriff’s Office does not issue orders for protection.
Domestic abuse occurs to a family or household member if committed by a family or household member (Minnesota Statutes §518B.01, subd. 2(b). A family or household member is defined as:

1. 1. Current Spouse or former spouse.
2. 2. Parents & children.
3. 3. Persons related by blood.
4. 4. Persons who are currently living together or who have lived together in the past.
5. 5. Persons who have a child in common, regardless of whether they have been married or have lived together at any time.
6. 6. A man or woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time.
7. 7. Persons involved in a significant romantic or sexual relationship.

A petition for relief under this section may be made by any family or household member personally or by a family or household member, a guardian as defined in section §524.1-201, clause (20), or, if the court finds that it is in the best interests of the minor, by a reputable adult age 25 or older on behalf of minor family or household members. A minor age 16 or older may make a petition on the minor's own behalf against a spouse or former spouse, or a person with whom the minor has a child in common, if the court determines that the minor has sufficient maturity and judgment and that it is in the best interests of the minor.

If an immediate and present danger of domestic abuse is alleged, a Judge will decide if an emergency (ex-parte) order for protection should be issued.

A court hearing is required in certain instances. If a hearing is required, a Judge will hear testimony and will decide if a longer term order for protection should be issued.

If the order for protection is granted the district court will provide the Beltrami County Sheriff’s Office a copy of the order for protection to serve upon the respondent. The Sheriff’s Office may be ordered to accompany the petitioner to obtain possession of a residence or assist in carrying out conditions of the order for protection.

The preceding information represents a non-comprehensive, general outline of information and is provided as a public service to answer commonly asked questions, it does not provide legal advice, nor attempt to suggest a course of action. If you need legal advice, please refer to Minnesota laws  or consult with an attorney for further information. We can not provide you legal advice.