
Summary of a Minnesota Foreclosure
Documents Needed to Begin Foreclosure 1. A copy of the
RECORDED Deed of Trust
2. A copy of the Note
3. A copy of the RECORDED Assignments, if applicable
4. Breakdown of the Arrearages, i.e. date the delinquency started,
monthly payments, monthly late charges, and any other costs that
may have been paid, i.e. taxes, insurance, property inspections,
etc.
Foreclosure Method
A Mortgage must be Foreclosed Judicially if it does not
contain a power of sale. If it contains a power of sale, it may
be foreclosed by advertisement and sale, the sale being conducted
by the Sheriff. Sale by advertisement is by two notices, a Pendancy
of Foreclosure and Power of Attorney, and a Notice of Defaults,
etc. Both Notices are recorded and mailed to interested parties.
The Notice of Defaults, etc. is also Posted and/or served on the
Occupants of the subject real estate, and published. This process
takes approximately 90 days.
If a judicial foreclosure is necessary, the judicial procedure
is started immediately.
After either type of sale, there is either a 6 month or 12 month
redemption period. There are several requirements for a shortened
redemption period, having to due with loan balance and size and
use of the land being foreclosed.
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