25 Dale St N, St Paul, MN 55102 | Phone: 651.209.9760 | Fax: 651.292.9482

Foreclosures

Foreclosures

Foreclosure practice has faced increasing scrutiny since 2008. In each legislative session, the Minnesota legislature continues to amend and expand the requirements for foreclosures by advertisement. Similarly, both the federal and state appellate courts have moved toward a strict compliance standard for foreclosures. Based on this heightened scrutiny and the myriad of requirements under Chapter 580, a creditor contemplating a foreclosure requires the services of a firm which specializes in foreclosure.

Our firm has handled thousands of foreclosures in the past twenty five years. We are familiar with both federal and state statutes governing foreclosures and related loss mitigation efforts. We can provide expert advice to our clients on how and when to proceed with a foreclosure or when other options are available. More importantly, our firm can ensure your foreclosure is immune to challenge by a homeowner or third party.

Our firm also specializes in actions and proceedings related to foreclosures such as actions to reduce a mortgagor redemption period when a property has been abandoned, agricultural mediation, and proceedings subsequent actions to transfer title after foreclosure.


FAQs

  • Judicial Foreclosures, also known as Action Foreclosures

    • Did you know that in Minnesota you have a choice to foreclose judicially, also known as an action foreclosure, or non-judicially, which is also known as a foreclosure by advertisement?
    • Did you know because a judicial foreclosure proceeding is overseen by the Court, there is less likelihood of a subsequent challenge to the validity of it?
    • Did you know if you foreclose judicially you can reserve the right to seek a deficiency judgment against the borrower?
    • Were you aware you can foreclose judicially to resolve a title issue or if the occupant/homeowner is avoiding service?
    • Were you aware the redemption period in a judicial foreclosure runs from the date the sale is confirmed by the Court rather than the date on which the foreclosure sale is held?
  • Questions for Proceeding Subsequent Actions

    • Did you know that Minnesota property is either classified as abstract or torrens?
    • Were you aware in Minnesota that upon expiration of the mortgagor redemption period from a foreclosure of torrens property, the foreclosing entity is required to commence an action entitled a proceedings subsequent to have the title formally transferred into the foreclosing entity’s name?
    • Were you aware that this proceeding is required to transfer title to the property and will result in additional attorney costs and fees over and above the costs of the foreclosure proceeding?
    • Did you know this proceeding subsequent action is presided over by an Examiner of Titles who is an expert is real property? This Examiner of Titles will issue a report on the validity of the foreclosure proceeding and the evidence that will be required in order to have title transferred.
  • Non-Judicial Foreclosures, also known as Foreclosures by Advertisement

    • Did you know that Minnesota state and federal courts since 2010 have embraced a strict compliance standard for statutory defects in relation to Minnesota non-judicial foreclosures?
    • Were you aware that a mortgagor/homeowner can postpone their foreclosure sale for a period of five months from the original foreclosure sale date? If the homeowner fails to bring their account current before that foreclosure sale, the redemption period is correspondingly reduced to five weeks from the usual six month redemption period.
    • Did you know that state and federal dual tracking laws prevent a foreclosure proceeding from moving forward simultaneously with loss mitigation or settlement negotiations? These dual tracking laws can be complicated and result in numerous delays in the foreclosure process. Small mortgage servicers or individuals holding a mortgage are generally exempt from these dual tracking requirements.
    • Were you aware that non-judicial foreclosures are less costly and less time consuming than judicial foreclosures?
    • Did you know you waive the right to seek a deficiency/monetary judgment against the mortgagor/homeowner when you foreclose by advertisement?
  • Agricultural Mediation

    • Did you know Minnesota has a program to help farmers in foreclosure?
    • Were you aware you can benefit from the Minnesota Farmer-Lender Mediation program during a foreclosure if your property is in agricultural use?
    • Did you know the Farmer-Lender Mediation is a free service offered by the University of Minnesota Extension office to both qualified homeowners and mortgage holders?
  • Five Week Redemption Actions

    • Did you know that the redemption period from a foreclosure sale can be reduced if the property is vacant and abandoned?
    • Are you aware that reducing the redemption period saves time and prevents damage and waste from occurring to the property, particularly during the winter months?
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