Legal Question in Real Estate Law in Minnesota

Minnesota Anti Deficiency Law states: judgments are restricted to the fair market value of a foreclosed property less the unpaid balance of the foreclosed loan.

How does this work if you have a 1st (Primary) and 2nd (Home Equity) lender and the estimated value of the home is greater than the unpaid balance on the 1st loan

Example:

1st Loan $115K

2nd Loan $34K

Estimated Home Value $139K


Asked on 3/26/11, 3:04 pm

1 Answer from Attorneys

Sam Calvert Calvert Law Office

Typically (as in almost always) the first forecloses, the second does absolutely nothing until after the foreclosure is complete, and then sues you for the unpaid debt.

If you are going to try to resolve this without keeping the house, you should be pro-active, perhaps trying to sell the property, perhaps negotiating directly with the holder of the 2nd. (Good luck in getting the bank to notice you!)

You could try to modify the mortgage or mortgages to get them to a point where you could afford to hang onto them. This is usually a very frustrating process -- the mortgage companies seem to have purchased bad fax machines, as they routinely lose the package of documents you sent them. But I have seen a few mortgages modified, so you should consider attempting that.

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Answered on 3/26/11, 3:45 pm


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