Mortgage Foreclosures
Mortgage Foreclosure can be a scary and confusing legal matter. While
timelines vary, the following is the minimum time for the foreclosure
process in Minnesota.
You miss one payment. The whole process begins when a payment on your
mortgage cannot be made. The mortgage lender might start calling you or
writing you letters. The lender might also reach out to see if you need
assistance or if you are eligible for a loan modification. At some point
you will receive a default or “intent to foreclose” letter, or the
equivalent notice.
You miss three payments. It is usually about three months of missed
payments before your file is sent to a foreclosing attorney representing
the lender. It could be less and it could be more. The attorney may try
to take payments again, usually by calling you or writing letters to
you.
You miss four payments. Minnesota uses foreclosure by advertisement,
where the lender must serve you personally with foreclosure papers. This
will usually occur once you miss four or more payments. The papers will
tell you the date of the sheriff sale, which must be at least six weeks
in the future, and other relevant details regarding the sale itself. The
lender also has to publish a foreclosure notice in a newspaper of their
choosing for six consecutive weeks.
The sheriff’s sale. The sheriff’s sale is a very important date, for two
reasons. First, it is the last date on which you can bring your mortgage
current in order to stop the foreclosure, a process known as
“reinstating” your loan.
Second, after the sheriff sale is completed, you can no longer use
bankruptcy to help you catch up on your mortgage. If your sheriff’s sale
is scheduled for 10 a.m. on a Monday, and you file your bankruptcy at
9:59, the sale must be cancelled until your bankruptcy is completed or
the “bankruptcy stay” is lifted. If it is filed at 10:01, you have
missed your chance.
Month 12: The end of the redemption period. The redemption period is a
six month period starting from the date of the sheriff’s sale or twelve
months if your property is over a certain number of acres. Six months is
far more common. During the redemption period, you can continue living
in your home. By this time, it is too late to get the mortgage current
by paying past-due payments, but you can “redeem” the property by paying
the entire sheriff’s sale amount plus interest and fees any time before
the redemption period expires.
Month 13: Eviction. Eviction is the final step in a foreclosure. After
the redemption period has ended, if the lender wants get you out of the
house, it must file for an eviction in court. This usually takes about a
month to complete.
No matter where you are in this process, you may still have options,
including litigation and bankruptcy. If you want to talk more about how
to prevent foreclosure, give us a call.
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By utilizing the firm’s extensive experience and resources, the Law Office of Patrick D. Boyle will utilize any means necessary to achieve the objective of each matter with which it is presented. The Law Office of Patrick D. Boyle represents clients with respect to the following areas of law.