Answers to Questions About the Foreclosure Process in Minnesota

By
Real Estate Agent with Sabinske & Associates, Inc. (Albertville, St. Michael)

Answers to Questions About the Foreclosure Process in Minnesota 

 

Foreclosure Time  - Represents an average timeline and may vary by lender. 

1st Payment Missed - Lender calls and sends letter to homeowner

2nd Payment Missed - Collection Department continues calls and letters.  Loan is now in "Default".  - 30 day default letter is sent to homeowner.  Lender has a right to refuse partial payments.  Late fees accrue each month. Homeowner has a right to reinstate by paying delinquent amounts including fees. 

3rd Payment Missed - Collection efforts continue and there is a transfer to the Foreclosure Department.  Lender has a right to refuse partial payments.  Late fees accrue each month. Homeowner has a right to reinstate by paying delinquent amounts including fees.

4th Payment Missed - Account is forwarded to the foreclosure attorney.  Legal fees accrue.  Lender has a right to refuse partial payments.  Late fees accrue each month. Homeowner has a right to reinstate by paying delinquent amounts including fees.  Lender has a right to refuse partial payments. 

5th Payment Missed - Foreclosing Attorney schedules sheriff's sale (four weeks before sale).  Sheriff's sale date is published for six consecutive weeks in the newspaper(s). Lender has a right to refuse partial payments.  Late fees accrue each month. Homeowner has a right to reinstate by paying delinquent amounts including fees.

6th Payment Missed - Occupant served with notice of Sherriff's Sale (Four weeks before sale). Lender has a right to refuse partial payments.  Late fees accrue each month,  Homeowner has a right to reinstate by paying delinquent amounts including fees.  6 month redemption period immediately follow Sheriff's Sale.  Homeowner retains right to occupy home and payoff entire mortgage including fees.  Must pay off mortgage or vacate property by end of Redemption Period or face eviction. 

 7th Payment Missed - Sheriff's sale occurs (deadline to bring mortgage payment current.  Lender has a right to refuse partial payments.  Late fees accrue each month.  Homeowner has a right to reinstate by paying delinquent amounts including fees.6 month redemption period immediately follow Sheriff's Sale.  Homeowner retains right to occupy home and payoff entire mortgage including fees.  Must pay off mortgage or vacate property by end of Redemption Period or face eviction.

This represents an average timeframe and will vary by lender. 

I am not an attorney, but this was provided to me by a licensed Minnesota attorney.  If you have legal or financial questions, please contact a professional.

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The information contained in this blog is believed to be true and correct and while every effort is made to ensure that the information is as accurate as possible, the author of this blog, and its comments disclaim any implied warranty or representation about its accuracy for any particular purpose. All information is copy written and the property of Suzanne McLaughlin.. 

For more information about real estate values in your area, give me a call or email me at 763-497-1870 or mclaughlinhomes@gmail.com  

Suzanne McLaughlin

Sabinske & Associates, Inc.    

When you need to buy or sell in St. Michael or Albertville Minnesota, or anywhere in Wright County, Sherburne County or Anoka County or Hennepin County, give me a call! 

Comments (24)

Ron Marshall
Marshall Enterprises - Saint Michael, MN
Birdhouse Builder Extraordinaire

This is a great tool for those who are facing missing a payment, Suzanne.  And, what can be done before they get in too deep!

Jan 25, 2015 04:54 AM
Michael Jacobs
Pasadena, CA
Los Angeles Pasadena 818.516.4393

Hi Suzanne -- an unfortunate situation but I believe knowledge is a powerful tool and your timeline is very important.  Obviously for those facing this situation contacting the appropriate professionals is critical.   Good post for Minnesota homeowners.  

Jan 25, 2015 05:22 AM
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

Banks can foreclose after just two missed payments in GA.  They actually don't, but legally can.  But I'm pretty sure in most cases it does not take 7 months to get to the sheriff's sale in GA. 

Jan 25, 2015 05:46 AM
Don Sabinske
Don Sabinske, Sabinske & Associates Inc. - Zimmerman, MN
Sabinske & Associates Inc.

It is important to know that the law is what it is  in Minnesota, at least.  Thanks for putting this out again.

Jan 25, 2015 06:26 AM
Dick Greenberg
New Paradigm Partners LLC - Fort Collins, CO
Northern Colorado Residential Real Estate

Hi Suzanne - That's really important information for anyone facing financial difficulties. I would hope they would call you for some expert, caring and confidential help.

Jan 25, 2015 08:25 AM
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

Most people have no idea of the process and if they did it may have been avoided.

Jan 25, 2015 08:55 AM
Debbie Laity
Cedaredge Land Company - Cedaredge, CO
Your Real Estate Resource for Delta County, CO

Hi, Suzanne...this is great information for everyone. People like to know about this stuff. Great work on this post. 

Jan 25, 2015 09:56 AM
Larry Johnston
Broker, Friends & Neighbors Real Estate and Elkhart County Subdivisions, LLC - Elkhart, IN
Broker,Friends & Neighbors Real Estate, Elkhart,IN

Hi Suzanne McLaughlin , Unfortunately there are many people here in Indiana that have gone through those same foreclosure steps and have seen their precious home slip away.

Jan 25, 2015 10:22 AM
Kathy Streib
Room Service Home Staging - Delray Beach, FL
Home Stager - Palm Beach County,FL -561-914-6224

Suzanne- Each state is different and it's important for sellers to seek professionals, such as yourself, to help them navigate this process. 

Jan 25, 2015 10:43 AM
Florida Tolbert Team Keller Williams Advantage
Keller Williams Advantage III Realty in Lake Nona - Orlando, FL
Keller Williams Land Luxury Division Specialist

Yes the process is certainly moving faster and smoother these days.  

Jan 25, 2015 11:33 AM
Joe Petrowsky
Mortgage Consultant, Right Trac Financial Group, Inc. NMLS # 2709 - Manchester, CT
Your Mortgage Consultant for Life

Good morning Suzanne. That is a very good system. The process works much differently in CT. I takes between two and three years to get a foreclosure done.

Make it a great week!

Jan 25, 2015 07:44 PM
Suzanne McLaughlin
Sabinske & Associates, Inc. (Albertville, St. Michael) - Saint Michael, MN
Sabinske & Associates, Realtor

Don and Ron, thanks for your support.  I really appreciate your comments.

Jan 26, 2015 02:10 AM
Endre Barath, Jr.
Berkshire Hathaway HomeServices - Beverly Hills, CA
Realtor - Los Angeles Home Sales 310.486.1002

Suzanne it is interesting how the process differs from state to state, if some one is in this situation clearly they need to understand the time lines...which often times they do not. Great post to the ones that need it....I am hoping this will soon be just a distant memory, Endre

Jan 27, 2015 10:27 AM
Suzanne McLaughlin
Sabinske & Associates, Inc. (Albertville, St. Michael) - Saint Michael, MN
Sabinske & Associates, Realtor

@Kevin,  actually in Minnesota, it still gives the homeowner nearly six months to redeem the property if they can manage to get a new loan.

Feb 01, 2015 03:29 AM
Suzanne McLaughlin
Sabinske & Associates, Inc. (Albertville, St. Michael) - Saint Michael, MN
Sabinske & Associates, Realtor

Dick Greenberg , every so often I like to reblog this post so that people have an opportunity to understand the foreclosure process in Minnesota.  Thanks for a great comment!

Feb 01, 2015 03:57 AM
Suzanne McLaughlin
Sabinske & Associates, Inc. (Albertville, St. Michael) - Saint Michael, MN
Sabinske & Associates, Realtor

Joe Petrowsky Thanks for your comment on the foreclosure process.  I had no idea that it took that long in CT!

Feb 02, 2015 04:10 AM
Suzanne McLaughlin
Sabinske & Associates, Inc. (Albertville, St. Michael) - Saint Michael, MN
Sabinske & Associates, Realtor

Larry Johnston So many of the banks really did a number on the homeowners during the crisis....and I was glad to see that Standard & Poors got the fine that it did!

Feb 02, 2015 04:24 AM
Robert Bob Gilbert
Berkshire Hathaway HomeServices Anderson Properties - Katy, TX
Your Katy TX ( West of Houston) Real Estate Expert

Suzanne, This is a good guide for folks to follow if they are missing mortgage payments. Unfortuantely missing payments happens  alot more than all of us would like. I think the process is much slower here in Texas but I am not sure. 

Feb 02, 2015 04:37 AM
Suzanne McLaughlin
Sabinske & Associates, Inc. (Albertville, St. Michael) - Saint Michael, MN
Sabinske & Associates, Realtor

Thanks Tammy Lankford for the information on the foreclosure process in GA...that is quick!

Feb 02, 2015 04:40 AM
Suzanne McLaughlin
Sabinske & Associates, Inc. (Albertville, St. Michael) - Saint Michael, MN
Sabinske & Associates, Realtor

Debbie Laity Thanks for the comment.  Every so often, this information needs to be reiterated for people, in my opinion.

Feb 09, 2015 05:36 AM

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