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House sold in Sheriff's Sale.

Cedar, MN |

How long can you live in a house that was sold at a Sheriff's Sale?

Attorney Answers 3


Each situation will be different. What are the circumstances of your staying in the house now? What are the details of when the new owner takes possession? Are the terms of the sale such that your occupancy in the sold house is subject to you getting to remain for a time or not?

Without these answers and much, much more information, all we can do is speculate.

Too many variable exist to predict the future. Good luck to you and get those answers to a lawyer in your locale to get advise on this matter.

NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in your state in the subject practice discipline and with whom you have an atttorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

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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!

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In Minnesota, most homeowners have 6 months to stay on their property after a sheriff's sale (aka the foreclosure sale). You should have received a "Notice of Mortgage Foreclosure Sale" prior to the sale ... one of the purposes of the Notice is to inform you of your right to try to redeem the property from the sheriff's sale purchaser (which is usually the lender). If you're redemption period ends in the middle of winter you can probably just ask your lender (or the agent or attorney representing the lender) if you can stay until the winter is over ... that's not unreasonable. Also, if you're facing an eviction you can attend the eviction hearing and try to negotiate more time from the attorney representing the bank ... you can request that the ask the judge to "stay" the eviction order for 30, 60 or even 90 days. If you have kids in school and it will only be a couple months until school is out then you might as for that time so your kids can finish out the school year.

Very best regards,
Errin P. Stowell, Esq.
Stowell Law Firm, LLC

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