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Challenge standing in non-judicial state (MN)

Stillwater, MN |

What procedure is used to defend foreclosure in a non-judicial foreclosure process. Does the homeowner file as plaintiff to initiate an action. If so, can this be used to stay the sale of the property until litigation is complete or is an injunction of some type used.

Also, I am looking for a foreclosure defense attorney with experience in analyzing a trust and its pooling and servicing agreement from the 2005-2007 era. Briefly, WF was the originator and there is a recent assignment to HSBC (April 6, 2012, with notice of sale dated May 2, 2012) It is HSBC foreclosing. I need this reviewed by an attorney that understands this stuff. My current understanding is that assignments sometimes violate the PSA. I'm in the Minneapolis/St Paul area.

Attorney Answers 1


A Plaintiff must file a lawsuit and request an Injunction or a Restraining Order to stop the foreclosure.

Standing questions are pretty tough in Minnesota, Courts have been very reluctant to get into the PSA questions. Mainly they look at the Real Estate Title Records to see if Foreclosure Statue had been followed.

There are some attorneys that do still try these types of lawsuits.

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