On June 15, 2009, the rules on Minnesota foreclosures were changed. Today, homeowners looking down the barrel of a sale forced by the lender after the homeowner has fallen into arrears on their mortgage payments have the option of postponing the date of sale by five months. Before the changes it was only the lender who had the ability to set the forced sale to a later date.
The length of the foreclosure process in unaffected by a homeowner obtaining a postponement. The redemption period, which allows a mortgagee to avoid forced personal bankruptcy by making good on the outstanding balance due on the mortgage after it has been sold. To keep the foreclosure process from dragging out, the redemption period for homeowners who get a postponement has been lowered to 35 days from the six months that is allowed in cases where no postponement is requested,
Homeowners may only seek a postponement once. Even if the homeowner brings the mortgage up to date and keeps it up to date for an extended period, should they fall in arrears at some later date the option of postponing a forced date of sale is no longer available to them.
There is no extra paperwork for the lender in a homeowner-generated postponement. Assuming all steps were done properly, the lender does not have to re-publish date of sales, re-file notices of sale or re-serve property owners.
Mortgage holders do have additional duties under the new Minnesota foreclosures rules and regulations. Previous to these statutory changes, protecting abandoned properties from trespass and damage were optional for lenders. Now this protection is required. Additional maintenance on properties that have been abandoned are also added. The cost of fulfilling these obligations can technically be added to mortgage principal.
Once a sheriffs certificate has been issued and evidence sufficient for a court to find that a property is abandoned has been established, lenders must enter the premises, change or install locks on all exterior doors and all windows, and commit to undertake periodic inspections. Mortgage holders also have the option of boarding up windows and doors and installing alarm or security systems.
Monies put out by the lender to fulfill these obligations may be added to the principal the homeowner owes on the mortgage. If new locks are put in, keys to the locks must be given to the titular homeowner, if they can be found. The chance of recovering these costs are, of course, small, given that personal bankruptcy on the part of the homeowner is the most likely result of a completed residential foreclosure.
Cities are granted certain new rights under the terms of the amended Minnesota foreclosures process. Chief among these rights are the ability to force lenders to tend to their abandoned properties. Cities may also reduce the allowable redemption period in order to permit municipal workers to access deteriorating properties without needing to locate the person who owns the the abandoned residence.
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