Hunter v. Anchor Bank, N.A.

Although I concur with the majority’s conclusion that the foreclosure sale does not comply with the requirements of section 580.08, I write separately because I believe that the sale should be voidable rather than void. The majority acknowledges a line of cases stating that foreclosure sales that fail to comply with statutory requirements for foreclosure sales renders the sales voidable rather than void, see, e.g., Willard, 42 Minn, at 478, 44 N.W. at 985; Clark, 51 Minn, at 447-48, 53 N.W. at 707; Phelps, 89 Minn, at 324, 94 N.W. at 1087, but it ultimately concludes that more recent…