St. Cloud Foreclosure Lawyers

Find the right Foreclosure attorney in St. Cloud, MN

Foreclosure Law in Minnesota

In St. Cloud, 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 typically involves a home that was purchased with a mortgage from a bank. The bank will typically 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.

Like every other state in the U.S., Minnesota permits homeowners facing foreclosure to opt for a foreclosure by judicial sale. This is a procedure through which a court oversees the sale of the house by the lender. The purpose is to see that the lender takes reasonable steps to notify the public of the auction, and other steps to ensure that the house sells for the highest price possible. This is meant to protect the borrower, making it less likely that they'll have to pay a large deficiency judgment (the remaining amount due on the mortgage if the house sells for less than the remaining balance).

In some states, original mortgages are identified as "non-recourse" loans, making the above problem a non-issue. This essentially means that once the mortgaged property is sold by the lender, the debt is discharged, even if the sale nets less than the remaining balance on the mortgage. The borrower will simply have to write this off as a loss. However, this usually does not apply to refinanced or second mortgages.

How to Possibly Avoid Foreclosure in St. Cloud, Minnesota

First and foremost, you need to communicate with your lender, and not dismiss the issue. Ignoring a problem with your mortgage will not make it go away, and can only make things worse. You should be forthright with your lender, and stay in touch with them as much as possible.

Throughout all this, you should remember one thing: the bank doesn't really want your house. After all, banks aren't real estate speculators, they're mainly money lenders. They stand to make a great deal of money if you are able to make your mortgage payments until it's paid off. They're likely to make much less if they're forced to sell your house.

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.

As a last resort, some borrowers consider a "short sale." In a short sale, the homeowner sells the house to the highest bidder, and uses the funds to pay off the remaining debt. If there is any extra from the sale, it goes to the borrower. If the sale price is worth less than what's left of the mortgage in Minnesota, the remaining debt is excused.

Can a St. Cloud, Minnesota real estate attorney help?

If you live in St. Cloud, Minnesota and believe that your house is in danger of being foreclosed, you may have more options and protections than you think. You may not know what all of them are, but an efficient real estate lawyer probably will.

Talk to a Real Estate Law Attorney now!

Life in St. Cloud

With close to 70,000 residents, Saint Cloud, Minnesota is the largest city in Minnesota's central region. Saint Cloud is named after St. Cloud, France and has some charming French restaurants and culture paying homage to its namesake. Located on the banks of the Mississippi River, the picturesque city has a lot to offer residents and visitors. St. Cloud is just over an hour drive from Minneapolis and St. Paul, and an easy city to access from all around. St. Cloud islocated in three counties: Stearns County, Benton County, and Sherburne County and is also considered one of the fastest growing cities in the state of Minnesota. Comprising a total area of 30.9 miles, St. Cloud has over ninety parks within its city limits. St. Cloud also has thirty undeveloped small islands, which make for popular canoe and kayak adventures. As a city on the rise, it is no wonder that there is such a wonderful lawyer community in St. Cloud. St. Cloud lawyers are highly skilled in a range of practice areas, and available to help their neighbor with any issue he or she may be dealing with. The legal community in St. Cloud is growing as fast as the city itself, and it is a great time to use this resource!

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