Legal Question in Real Estate Law in Minnesota

Cancellation of contract

I received a notice of cancellation,and it gave me 60 days to become current. If by that time I can become current, it says I need to pay the months that have accrued. Which would be june, here it is the middle of the month (July) and my payments are set to be made every 2 weeks. They now want July also, but July isn't over. Or they will not accept the cash. I have the amount they wanted and can make the payment for July before the end. Is there anything I can do about this? Or is just them being difficult?

Asked on 7/09/04, 4:03 pm

1 Answer from Attorneys

David Kelly-952-544-6356 Kelly Law Office

Re: Cancellation of contract

You must take this seriously. They are not just being difficult. If you don't satisfy every requirement exactly and to the letter, you will lose your home for good.

You have to pay every last cent which is due and owing as of the day you make the payment. So if that is in July, whatever July payments are due must be included. The seller should also be including a charge for additional interest on the payments which are past due, and they should be charging for attorney fees too.

You have to telephone whoever is handling the cancellation and get an exact figure for what he, she or they will accept on the day you will make the payment.

I have in the past been able sometimes to find something technically wrong with the way the cancellation notice is prepared or served. Then I can call the lawyer who did it and convince him or her that they have to start over again; and then I make a proposal on behalf of my buyer client to settle the matter without having to start over, but the offer does not include the attorney fees, penalties and interest. Sometimes it works.

But the only sure way out of this is a certified check for exactly WHAT they are demanding WHEN they are demanding it.

This is serouis. Get to a laywer.

Good luck.

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Answered on 7/12/04, 10:43 am

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