Legal Question in Real Estate Law in Minnesota

We just received a 30 day final notice for a property that once was our primary residence in Minnesota. We are in Nevada. We are wondering if we should work with a lawyer to protect our interests and if so, can work with one in our current state or if we need to work with one in our former state? Doing some research, some say declare bankruptcy so the lender cannot come after us in the future--others say let the foreclosure go through on its own. We cannot afford the property in the other state and have fallen behind on payments. We came to our new state for a new employment opportunity for my spouse. We are currently renting in our new state.

The Home is listed for sale with no offers to date. I have talked with the lender over the last three months informing them of the reason why we cannot make payments and have submitted paperwork with them in the event a short sale goes through. They do not have programs for us other than adjusting our mortgage and we would need to resubmit the same paperwork we already gave them. We considered renters but thought if an offer came through it would be too inconvenient.

Asked on 3/28/12, 9:35 am

1 Answer from Attorneys

Sam Calvert Calvert Law Office

MOST (but not all) conventional mortgages are foreclosed by advertisement with a 6 month period of redemption. When that occurs, the lender cannot pursue you for a deficiency. So, you lose the home, you lose your investment, but you do not owe additional money.

However, if you had a second mortgage, the second mortgage becomes, in effect, unsecured when the first mortgage forecloses, so they are very likely to sue you.

As far as bankruptcy, if you have lived in Nevada 3+ months you should be eligible to file out there.

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Answered on 3/28/12, 12:32 pm

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