I mortgaged my house in 2007. A lien has not been recorded in my county. Can I be Foreclosed on?

Asked by mz.wooly, Dodge Center, MN Tue Dec 11, 2012

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Russ Douville, , Saint Paul, MN
Tue Apr 16, 2013
An unrecorded lein is just adds another step to the foreclosure process. It probly won't even result in a delay if the firm processing the foreclosure knows what they are doing.

If you're trying to avoid a foreclosure, visit http://www.hocmn.org to find a non-profit foreclosure prevention agency in your area.

If you're just looking to mess with your mortgage company, look in to finding an attorney.
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Christopher…, Agent, Bloomington, MN
Wed Dec 12, 2012
That would be very rare, but Cameron is right that does not mean you just get the house free and clear now. This is out of a Realtor's scope of practice, so if you would like a referall for an attorney most of us that do short sales know of a few.

Otherwise, just make sure they are a real estate attorney!

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Vicki Schwar…, Agent, Victoria, MN
Tue Dec 11, 2012
I agree with Cameron. You should seek an attorney. If you are headed for foreclosure they may be able to delay it a little until the title and recording is clear.
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Cameron Piper, Agent, Forest Lake, MN
Tue Dec 11, 2012

Its an interesting question, but I would encourage you to hire an attorney to go any further. I'm just guessing here, but I think you will find that the bank still has the write to collect their asset. My understanding is that the lien provides them rights in the order of default and creates a claim against the property should you fail to pay. In the end it establishes the order of payment of any proceeds. I'm also pretty certain that you signed a mortgage that contained a "due on sale" clause that gives them the right to foreclose the property - even without a lien. Teh major question would be how do those two facts interface with MN statute and case law.

An attorney is definitely the way to go. You will likely be able to get your questions answered in a quick phone consultation.


Cameron Piper
Coldwell Banker Burnet
licensed MN Real Estate Broker
Web Reference:  http://www.CamPiper.com
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