Lender was granted lifting of automatic stay in bankruptcy. Lender is now attempting to use housing court to evict me as a tenant. I filed for bankruptcy on 8/30/13, sheriff's sale was scheduled for 9/4/13. 1. Does the foreclosure pro...
[removed]. You will need advice based upon specific facts not contained in your question, such as the date of the actual sale (if one is claimed by the eviction papers) and the progress of your bankruptcy.
As others also answered, I believe the sale date would need to have been reset. It is possible but unlikely that the foreclosing lender would have used Minn. Stat. 580.07 to simply postpone the date of the sale, as the publication of the postponement itself may violate the stay. If there was no effective postponement under Minn. Stat. 580.07, then, yes, I believe the process of foreclosure by advertisement would begin anew requiring 6 weeks publication and service of the notice of the new sale on the occupants. This would apply only if the sale was being conducted, as most are, under Chapter 580.
If you previously postponed the sale under 580.07, then this part of that section applies to you: "If the automatic stay under United States Code, title 11, section 362, applies to the mortgage foreclosure after a mortgagor or owner requests postponement of the sheriff's sale under this section, then when the automatic stay is no longer applicable, the mortgagor's or owner's election to shorten the redemption period to five weeks under this section remains applicable to the mortgage foreclosure."
Yet, if the notice of sale being published after the mortgagor's postponement AND after the bankruptcy filing states a 6-month redemption period for a second scheduled sale, I believe the redemption period would still be 6 months notwithstanding the statute.
In practice, foreclosing lenders in Minnesota typically stop all foreclosure activity and restart the foreclosure process from the beginning after a bankruptcy filing.
You have a complex scenario. I highly recommend you contact or hire a local attorney to sort this through with you. With the new Homeowner's Bill of Rights you may be able to have YOUR attorney fees paid by the foreclosing lender as well.
Please construe this answer as information only and not advice. Only through an analysis of additional specific facts would an attorney provide the best analysis of your rights and options.
Good luck!!See question
do you think there is a chance they will settle for less than $18,000?
Yes, I'm almost positive they will settle for less. The trouble is figuring out a sustainable plan that works with your budget and assets. Beneficial is highly motivated to have the money in hand now, and also wants to avoid a potential bankruptcy. Feel free to give me a call for a free consultation to discuss settlement strategies (for a lump sum or payment plan), as well as your rights as a debtor from the sometimes abusive debt collection practices of Gurstel Chargo.See question
Need to file Bankruptcy right away to save my house.
Call me if you are interested in talking through your options. Bankruptcy may or may not be the solution.
Jonathan L. R. Drewes
DREWES LAW, PLLC
1516 West Lake Street, Ste 400
Minneapolis, MN 55408
T (612) 387-0832
F (612) 354-7163
My husband and I owned an S Corp. When we lost the business we still owed a client some money. The County sheriff just came with a court order and took a truck that was in my husbands name, to auction off for the debt. I thought with an S Corp the...
Contact an attorney immediately for personalized advice. If the sheriff is involved, it is likely that a judgment has already been entered against either you, your husband or the business (or all three). Pre-judgment attachment is relatively rare and requires a court hearing. If the debt was owed by the entity and no fraud was involved, your personal property should be protected.
The first step to understanding this, after calling an attorney, is to get a copy of the court papers, which should explain the extent of the problems. Your attorney can review those and give you advice on whether the sale can be stopped or whether the creditor's attorney is violating state or federal law in its role as a debt collector.See question
They sold the inventory of the business, but I think technically they were foreclosed on. But my check bounced and she also ows me comissions but the first check she gave me bounced. And now I received a letter saying that they have filed bankru...
You won't be able to start a civil lawsuit against the employer unless/until the bankruptcy court relieves you from the automatic stay; what happens next in the bankruptcy proceedings is very important to you. You should meet with an attorney to discuss whether it may be possible to recover from within the bankruptcy, or whether you have a valid objection to your previous employer getting the discharge they are seeking. Seek help immediately as deadlines are likely approaching quickly.See question
I just lost my job and we are only living on social security which will not stretch out enough for house pmt $3000.00 and credit card debt over 20K. Would BK filing be to our advantage and if so what type of Chapter should we be considering to file?
There are many benefits and consequences to filing for bankruptcy protection that must be weighed before making that decision--you should contact a bankruptcy attorney for a free consultation. There are possible alternatives to bankruptcy, such as refinancing your home or entering into a loan modification agreement / forbearance agreement with your current lender. Without knowing more about your situation, I cannot suggest whether bankruptcy is the right option for you, but if your non-secured debts total about $20k, there is plenty of room for hoping that you may be able to whether this financial storm without resorting to bankruptcy protection. Again, this should be a decision made only after receiving advice from a bankruptcy attorney that has had an opportunity to review your individual circumstances.See question
My mother was handed a document targeted to my brother. The document states that it is a "summons" but is only signed by a lawyer. It has no court identification or anything presenting authorization by a court. Is it a legal summons? What if an...
In Minnesota state district court, a summons only needs to be singed by the plaintiff or plaintiff's counsel. There is no requirement to file it with the court before service. In fact, on many collection matters it will not be filed until the default papers are also ready to be filed with the Court. Don't delay: seek an initial consultation with a litigation attorney immediately.See question
The court ruled that i am to get $5.5 million after my father died. My siblings refuse to provide my portion even after the ruling. They sent me banking details to claim the money but there was no money sent. It has been years i still haven't rec...
In large part, whether a new lawsuit is necessary depends on what exactly the Court ordered in the prior case and who was made a party to the prior case. You need to bring your case to an attorney who can review the court's order to decide what further action is needed by you to collect your money.See question
We plan to file bankruptcy on our credit cards. We had planned to keep our house. Now, like so many others, the value of our house has gone down drastically. We live in a detached TH, so the comparison is easy. For example, the exact same home dow...
I think many of your questions are not legal, but personal. What's going on with your monthly payments? If they are not rising, why do you want out of the property right now? With about a year between your first missed payment and bank ownership of the property, are you considering staying in the property free for a year before moving? With credit standards rising, there is no assurance that you will qualify for a mortgage after bankruptcy and/or foreclosure. Your current place is the only assured homeownership on the horizon. What don't you like about renting? Can't you rent a home with a yard, etc. as if it was your own?See question
How long can you live in a house that was sold at a Sheriff's Sale?
The vast majority of sheriff's sales in Minnesota today are the result of a foreclosure by advertisement with a standard "6 month redemption period". You should be able to find out what your redemption period is by requesting a copy of the "sheriff's certificate of sale" from the foreclosing lender, or the county recorder/registrar of titles. This means that most people have 6 months from the date of the sheriff sale to live at the property and try to match the price paid at the sale (plus fees and interest). If payment is not made by that time the property becomes owned by whomever purchased the property at sheriff's sale on the day after the 6 month period. At that point, if you still are living in the property, the new owner (99% chance it's the bank), will need to evict you similar to if you failed to make a payment on an apartment. The eviction takes between 2-3 weeks. You may have defenses to the mortgage and perhaps should meet with an attorney for a free consultation to review whether the mortgage was invalid or the foreclosure sale was invalid. Good luck!See question