How Do I File a Motion to Vacate a Foreclosure in Minnesota?
Getting a property owner out of a house once it has been foreclosed upon can be a tense situation. In the state of Minnesota, the owner is the person who lives in the house and is the original title owner who has lost rights to the property due to nonpayment to the financial lien holder. The new buyer cannot legally evict the original owner until the redemption period expires. During the redemption period, the new title owner is not allowed to harass the occupants of the house.
Other People Are Reading
Instructions
-
-
1
Wait for the sale process to proceed, which is often four months in Minnesota. Once the sale is completed, the redemption period begins.
-
2
Write a polite letter to the tenants offering "cash for keys" to move out before the redemption period starting. This amount can be up to $1,000 for Federal Housing Administration--insured loans and $2,000 for others. This incentive helps the tenants in financial difficulty have funds in hand to establish a new residence.
-
-
3
Leave the tenants alone during the redemption period if they refuse the "cash for keys" incentive. In Minnesota, the redemption period is 120 days. If the tenants file bankruptcy, the 120 days is extended to 180.
-
4
Go to the county court where the property is located. Ask the clerk for the forms to file an Unlawful Detainer complaint that includes an eviction notice. Complete the forms with all pertinent information and reasons for the complaint. Pay any filing fees required; at the time of publication, the fee is $320 made payable to the court administrator.
-
5
Get confirmed copies with the date stamp when the forms were filed with the court from the clerk. Get the hearing date. For example, Ramsey County holds hearings three days per week with seven to 14 days between the filing and the hearing.
-
6
Serve the occupants with a summons, written notice of the complaint, the hearing date and location. The occupants have the right to attend the hearing and contest the complaint. Include a copy of tenant eviction rights available at the court clerk's office. Service must be done by someone who has no personal relationship in the case; local Sheriff departments will serve the forms for a fee.
-
7
Attend the hearing with all evidence you have. Obtain a Writ of Recovery stating your legal right to the property and the need of the occupants to vacate within 24 hours. Pay the $55 fee to obtain the Writ.
-
8
Go to the Sheriff's Department and file the Writ. If the occupants do not comply within 24 hours, the Sheriff may physically remove them and their belongings.
-
1
