To entitle any party to make such foreclosure, it is requisite:
(1) that some default in a condition of such mortgage has occurred, by which the power to sell has become operative;
(2) that no action or proceeding has been instituted at law to recover the debt then remaining secured by such mortgage, or any part thereof, or, if the action or proceeding has been instituted, that the same has been discontinued, or that an execution upon the judgment rendered therein has been returned unsatisfied, in whole or in part;
(3) that the mortgage has been recorded and, if it has been assigned, that all assignments thereof have been recorded; provided, that, if the mortgage is upon registered land, it shall be sufficient if the mortgage and all assignments thereof have been duly registered;
(4) before the notice of pendency as required under section 580.032 is recorded, the party has complied with section 580.021; and
(5) before the foreclosure sale, the party has complied with section 582.043, if applicable.
History: (9603) RL s 4458; 2008 c 341 art 5 s 6; 2013 c 115 s 1
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