Ok, I'm going to start off by saying I am quite confused. I've been reading & even receiving conflicting answers on this simple(what seems anyway) & direct question. First, here is my situation and then on to the question & plan/thoughts ...
If you're interested in bankruptcy, you should call Craig and talk through the difference between Chapter 7 and Chapter 13. The benefits and costs may not be lining up with your expectations.
Have you tried a loan modification? You may be able to qualify for an additional forbearance agreement to give you more time to catch-up on back payments, a repayment plan, or you may just be able to push the arrears to the back of the loan and start making monthly payments again. Plus, the servicer must "halt" the foreclosure process pending that loan modification review so that you and your servicer have time to review your options. There are some exceptions, but applying for a loan modification is a powerful tool for getting back on track for many homeowners in Minnesota. Feel free to contact me if you have more questions about loan modification options.See question
Hello. I am in the process of applying for a a refinance through FHA. I was denied in underwriting due to the close date of the foreclosure date being under the 3 year period. However my foreclosure happened in 2012 and the CRA are reporting ...
I agree. My firm handles similar matters and I would want to pull the county foreclosure records and include them in a letter to any credit bureaus that have incorrect reporting. If they verify the erroneous information--verified from the public record--then I would sue them to hold them accountable to their duty to reasonably re-investigate such a dispute.See question
I thought Minnesota was a non-recourse state? I've been looking at foreclosure data on Zillow, and some of the pre-foreclosures state "Served Notice of Lis Pendens," yet the foreclosure is indicated as non-judicial. Isn't a "Notice of Lis Pendens"...
"Lis Pendens" literally means something along the lines of "lawsuit pending." A lis pendens is a document that is filed with the county real estate records in lawsuits that bring into question the ownership or lien interests of parties to the lawsuit. Sometimes an attorney will caption the document "notice of lis pendens" which seems a bit duplicative, but is fairly common and is even the title of the MN statute describing the document (https://www.revisor.mn.gov/statutes?id=557.02). It is also possible that the document is captioned "notice of pendency," which seems to be a more modern caption for the same document.
In MN, a lis pendens is not typically served. No notice of the filing is required to be served in a MN foreclosure.
In MN, a lis pendens is required to be filed with the county in a foreclosure by action (judicial foreclosure).
In MN, a "notice of pendency" is required to be filed with the county prior to the first publication. https://www.revisor.mn.gov/statutes/?id=580.032
Minnesota is not a non-recourse state. Whether a deficiency judgment can or will result is dependent upon several variables. While you can say that most foreclosure result in the debt being satisfied, that is not always the case. (https://www.revisor.mn.gov/statutes/?id=580.225)
A lis pendens is not a summons or complaint, but it is a legal document.
Judicial foreclosures (or foreclosures by action) are rare and are at the option of the lender/servicer. Some lenders have a policy of foreclosing all homes by action. Other lenders will foreclose by action when there is a title defect or possible defense to the debt that is known to the lender. Foreclosure firms typically advise their lenders to foreclose by action when the property is occupied but a process servicer is unable to serve the occupant with the required notices. There are many other instances where foreclosure by action happens.
You have rights and options if you're behind on your mortgage. You should consult with a local attorney about your options, especially under Minnesota's Homeowner's Bill of Rights.See question
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