In response to the recent COVID-19 developments, Carver County Sheriff's Office has suspended all sheriff sales until further notice.
If you have any questions you can call 952-361-1212. Thank you for your continued cooperation at this time.
Mortgage foreclosures are either handled by action or by advertisement. In either case, the upcoming sale is published in a local newspaper and the sheriff conducts the sale.
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 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.
Oftentimes mortgage foreclosures published in newspapers end up being cancelled before the date of sale. The sheriff has no advance knowledge of whether or not a sale will actually be conducted after it is scheduled. Interested bidders should contact the law firm representing the mortgagee for this information. The telephone number is usually published with the Notice of Sale in the newspaper.
The Carver County Recorder's Office has public access computer terminals available during business hours. Interested bidders may wish to use these computers to research any subsequent mortgages and/or liens on the property.
Interested bidders generally do not have access to look at the property prior to sale. An exception would be if the property is for sale. In those circumstances, interested bidders may contact the realtor to arrange viewing of the property.
In Carver County, sales are conducted in the lobby of the Carver County Sheriff's Office. A sheriff's deputy or designee reads the Notice of Sale. The mortgagee's 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 (made payable to Carver County) in entirety to the sheriff at the time of the sale.
After the sale, the sheriff issues a Report of Sale. The Report of Sale acts as a receipt for the sale.
After the sale, the mortgagor has a period of time, usually six or twelve months to redeem or sell the premises. During that time, the mortgagor may continue to live in the home. If the mortgagor does redeem, the buyer's money is returned with interest. If the mortgagor does not redeem, the buyer may begin the eviction process.
If the mortgagor does not redeem, creditors with liens on the property may then redeem.
The preceding information represents only a general outline of information to answer commonly asked questions. Please refer to Minnesota laws or an attorney for further information.
Phony Counseling or Phantom Help
How it Works: The Scam has you pay a fee for them to negotiate with your lender to reduce your payments. They claim to be an attorney from a law firm and they might tell you not to talk with your lender, lawyer, or credit counselor. They often stop returning your calls and take off with your money.
The “Forensic Audit”
How it works: The scammer has you pay a fee upfront to have an “auditor” review your loan and determine if your lender complied with the law. They promise with this expert reviewing the documents that they might be able to use their report to stop the foreclosure, speed up the loan modification, reduce what is owed, or even cancel the loan. None of this has been proven to help in the process and is just more cost to the homeowner who is already struggling.
This scheme seems to be what we hear of the most. Homeowners are approached by someone claiming they can help if they sign the title over, and they can rent it and buy the house back later. Once the deed is transferred they make the terms so expensive that homeowners usually can’t continue to pay. they end up loosing the home and any equity they might have had. The scammer still lets the house get foreclosed on, sells it, pockets the money and the homeowners are still responsible for the remainder of the debt owed.
How it works: The scammer will give the homeowner a stack of papers and tell them they need to sign for the "rescue" loan, and in the stack is a document surrendering the title to the home. The homeowner may sign it not knowing what they are signing.
A surplus can sometimes be created at a sheriff's sale on a foreclosed property if there is more than one bidder. The homeowner may be approached by someone claiming they can help them claim a surplus from the sheriff's sale of their home. They may ask the homeowner to sign over the Quit Claim Deed or asks for a percentage of the surplus for this service. If there is a surplus from the sale of the property the homeowner can make a demand with the Sheriff's Office directly. The Sheriff's Office or the District Court will make a determination of who is owed the surplus. A Quit Claim Deed is the right to the property. Please be wary of anyone asking for you to sign a Quit Claim Deed over for very little money or services.
If you find yourself in foreclosure please call 1-888-995-HOPE for advice from a reputable source.
1. Certified funds (cash or certified bank check) up to what you are willing to pay for the property, made payable to Carver County.
2. Valid picture ID.
3. Fill out Outside Bidder Information Sheet
Outside bidders should show up at least fifteen to twenty minutes prior to the Sheriff sale in order for the Sheriffs designee to make a copy of their ID and verify their certified funds and fill out the Outside bidder sheet. Outside bidders are expected to be respectful of each other during the sale. As long as you have the items above you are free to bid on the property and should not be intimidated out of placing a bid if you so choose. The only persons who may not bid on Sheriff's sales are Carver County Sheriff Office Employees.
Note: The homeowner has (6) to (12) months to redeem on the property after the sale. If you become the holder of the Sheriff’s Certificate of Sale, the Sheriff’s Office may contact you for an Affidavit of Allowable cost in the event a homeowner redeems. You must provide the calculation within (7) days after the request. If the allowable cost is not received, the Sheriff’s Office will calculate the amount which may result in you not receiving the full amount owed. (582.03 Subs1&2)
Redeeming as a Homeowner
1. Fill out Intent to Redeem information sheet (Redemption Info Sheet).
2. Pay $250.00 Redemption fee.
3. Pay $20.00 Filing fee.
Once the above items are received, the Sheriff’s Office will request an Affidavit of Allowable Cost from the attorney doing the foreclosure. The Civil Process Assistant will only communicate with the person or representative who filled out the sheet and paid the fee. The Redeeming party will need to make an appointment with the Sheriff’s designee for the redemption date. Please note, the time is set to assure that the designee is in the office to provide the Certificate of Redemption and to make corrections, if needed. If you need to change the redemption date, be aware that the attorney’s office may not have the new updated affidavit ready and it may push the date back further.
Redeeming as a Jr. Creditor or Judgment holder
1. File a Notice of Intent to Redeem with the County Recorder. This notice must be filed (1) week prior to the expiration of the homeowner’s redemption period.
2. Fill out intent to redeem information sheet. Redemption Information Sheet
3. Pay $250.00 Redemption Fee.
4. Pay $100.00 Notice of Intent to Redeem.
5. Pay $20.00 Filing fee.
6. Submit a copy of the NOI and supporting documents to the Sheriff’s Office.
NOTE: A creditors redemption period is (7) days after the homeowner’s redemption.
In order to evict a tenant from rental property an Unlawful Detainer Action/Eviction Summons Action is required. This must be served (7) days prior to the court date issued. It may be served by a third party not involved in the action, or you can have the Sheriff's Office serve it, just follow instructions below.
Note: The Affidavit of Service must be filed with the court prior to the court date.
To have the Sheriff's Office serve the Eviction Summons we will need the following;
1. Service Information Sheet.
2. An $100.00 service fee paid upfront.
3. The original Eviction Summons and a copy for each tenant listed on the action.
The Writ of Recovery must be served by the Sheriff’s Office.
1. Service Information Sheet.
2. An $100.00 service fee paid upfront.
3. The original Writ and a copy.
If the Judge rules in favor of the Plaintiff, a Writ of Recovery of Premises is issued. The Writ is valid for (30) days. This must be served by the Sheriff's Office. If the tenant has not left the property after the 24-hour period, contact the Sheriff’s Office to have the tenant removed. If property is left behind, it must be inventoried in the presence of Law Enforcement, stored for (28) days on-site and (60) off site. There is a fee for this service. For more information on Landlord/Tenant Laws visit https://www.ag.state.mn.us/Consumer/Handbooks/LT/default.asp
Order for Protection
An Order for Protection (OFP) is designed to protect a persons from domestic abuse. It is an order granted by a district court that restricts the respondent from further harming, harassing or assaulting the petitioner. Minnesota State Statute 518B.01 subd. 2(b) defines Domestic abuse.
Domestic abuse occurs if committed by a family or household member
If you would like more information on OFP's please visit https://svabw.org/i-need-help/order-for-protection/ or contact Court Administration.
Harassment Restraining Order
An Harassment Restraining Order is defined as a single incident of physical or sexual assault, or a single incident of harassment under section 609.749.
Both orders will be served by the Sheriff's Office at no cost.
Fees and Forms
Included are links to the service sheets that may be needed to have the Sheriff's Office serve paperwork for you. If you have questions on the fees for some of the civil process services just click on the link labeled Fees.
Legal Advice Disclaimer
The Carver County Sheriff's Office Civil Unit may not give legal advice. Questions of legal nature should be directed to an attorney. The preceding information represents only a general outline of information to answer commonly asked questions. Please refer to Minnesota laws or an attorney for further information.
The Civil Process Unit is comprised of a licensed sergeant, licensed deputies, and a Civil Process Assistant. The Civil Process Unit is responsible for the service of papers, conducts Sheriff's sales, mortgage foreclosure sales, writs of execution, evictions and postings.
You can send paperwork to:
606 East 4th Street. Chaska, MN 55318
Civil Direct Line 952-361-1267