Duluth Foreclosure Lawyers
The Foreclosure Process in Minnesota
In Duluth, Minnesota, foreclosure is a process through which a lender that issued a mortgage loan retakes possession of the property that was bought with the mortgage in the event that the borrower has defaulted on his or her payments.
If an ordinary consumer faces foreclosure, it usually involves a home that was purchased with a mortgage from a bank. The bank will usually try to sell the house at a public option, with the hope of at least covering the remaining debt, to avoid taking a large loss.
In every state, including Minnesota, homeowners have the option to go through what is known as a foreclosure by judicial sale. Essentially, this means a court will oversee the sale of the house to ensure that the bank makes reasonable efforts to sell it for as high a price as possible (to help avoid a deficiency that the borrower may have to pay), and to ensure that any money which might be left over from the sale (after the balance on the mortgage is paid) goes to the borrower.
In many states, mortgages fall into a category of loans known as "non-recourse loans." This means that, if the house is sold by the lender, the entire debt is eliminated, even if the sale price was less than the remaining balance on the loan. While the loss of one's home can be personally devastating, treating a mortgage as a non-recourse loan at least means that the homeowner will be more or less free to move on with their life once the property is foreclosed and sold.
How to Possibly Avoid Foreclosure in Duluth, Minnesota
To prevent foreclosure, communicating with your lender is key. Let's face it - if you're in a case where foreclosure looks like a possibility, your life is not going to be easy for some time. While it's challenging to step up and acknowledge unpleasant facts, doing so will make your life much easier in the long run. If your lender is aware of your situation, it's far more likely that you'll be able to work something out with them.
You should remember that the bank doesn't really want your house. They granted a mortgage hoping to make a profit from interest, and that's what they'd much rather do. They aren't in the business of buying and managing real estate. Therefore, banks will sometimes go to surprising lengths to accommodate your financial hardship, especially if it's temporary.
If your financial situation suddenly changes, your lender may be willing to change the terms of your loan, at least temporarily, permitting for lower monthly payments. If this means that they will be able to get some money from you, with default as the alternative, it can become an attractive option for everyone involved.
Some buyers in Minnesota, when none of the above options have worked, resort to a "short sale." This involves selling a house which is about to be foreclosed, usually for less than its market value. If the house sells for less than what's left on the mortgage, the homeowner is relieved of the duty to pay the balance. If you have decided that you have no hope of making your mortgage payments, and foreclosure seems inevitable anyway, this might be the way to go.
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Can a Duluth, Minnesota real estate attorney help?
In Duluth, Minnesota, dealing with a possible foreclosure is never easy. However, the assistance of a reputable real estate lawyer can make the whole process much more bearable, and possibly delay or even prevent the foreclosure altogether.
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Foreclosure Attorneys in the Largest MN Cities
Life in DuluthDuluth, Minnesota is the fourth-larges city in the state, with a population of about 85,000. It is the county seat of St. Louis County. It is located on the north shore of Lake Superior, the largest of the Great Lakes.
Various Native American tribes have lived in the area now known as Duluth for thousands of years. The first permanent European settlement of Duluth was established in 1852, and discovery of significant deposits of copper and iron led to a land rush, creating rapid population growth.
Around the same time, newly-build channels linking the Great Lakes to the Atlantic Ocean allowed for large ships to access Duluth, further promoting economic growth.
During the first half of the 20th Century, Duluth, Minnesota underwent a major industrial boom, becoming an important center for steel manufacturing. However, by the 1970s, foreign competition began to seriously weaken the U.S. steel industry, leading to the closure of one of the major steel plants in the area.
More recently, Duluth, Minnesota has, with a good amount of success, transitioned into a tourism-based economy.
If you live in or near Duluth, Minnesota, chances are you can find a good lawyer for whatever legal problem you might have. Duluth, Minnesota lawyers are able to handle just about any case that walks through their door.