Legal Question in Real Estate Law in Minnesota

Foreclosure Consequences

I have a home that I purchased when I was single. I met someone and we got married. We bought a home together. I cannot sell or find a renter for my other home. I cannot pay the mortgage on it. 1) If I forclosed on it, can they come after my current home? 2) Since my wife is not on the mortgage of the first home, can the mortgage company come after my wife's assets (stocks)?

If the answer is ''yes'' to any of the questions, what can I/we do to protect ourselves?


Asked on 12/19/06, 10:52 am

2 Answers from Attorneys

Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Foreclosure Consequences

I believe we just spoke by telephone.

If you are unable to ell the home, your best option is to negotiate with the lender to turn the home over to them without any deficiency resulting. I understand that you have missed just one payment. As a result, now is the time to begin that negotiation.

The lender cannot reach your wife's separate assets.

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Answered on 12/19/06, 11:19 am
Sam Calvert Calvert Law Office

Re: Foreclosure Consequences

A company to which you owe money cannot seize your wife's separate assets. Note: this would not apply to joint assets, like bank accounts. If you have only a first mortgage on the former home, probably the mortgage company would foreclose on it, thereby wrecking your credit for a period of time, but giving up their right to sue for any unpaid portion of the debt. This is genral information, like the answers to most legal questions, there exceptions to what I have just said. YOu might pursue what is called a "short sale" where you sell the house, give the mortgage company all the money, and they forgive any deficiency.

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Answered on 12/19/06, 10:32 pm


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