mort company is stalling & no forclosure paperwork yet, house up for auction next week. we have moved out already. what can we do to speed up?

Asked by Antiocwen, Dakota County, MN Tue Sep 6, 2011

We have been battling with our mortgage company since early this year and are trying to go the Deed In Leiu route, but they have been dragging their feet and STILL haven't given us papers to sign to take over our house. We do not intend to keep our house, we have even moved out as of last month - thinking things would be taken care of by now. We have notices that there is a Sheriff Sale next week. Is there anything we can do to speed up any process? or will everything get taken care of once the sheriff sale happens?? We are so done with this company and just want our name off the house/mortgage as quickly as possible.

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Michael Emery, , Minneapolis, MN
Tue Sep 6, 2011
Once the sheriffs sale has occurred, Minnesota law allows for a six month redemption period. So technically you will own the home for six months after the sheriffs sale.

There are two ways to speed up the process. One is deed in lieu. The 2nd is a little used state statute that allows lenders to seize a property within five weeks after the sale. This requires a visit to a judge and proof of abandonment AND proof that the property is in danger of damage due to abandonment.

So no, everything won't be taken care of by the sheriffs sale. Continue to press the lender for a deed in lieu so you won't be stuck with your home for another six months.
1 vote
Luis S. Munoz, Both Buyer And Seller, Indialantic, FL
Sun Nov 13, 2011
Are you sure you want to give up the house? You know, maybe the people doing the foreclosure do not have the legal right to foreclose on you and that is what the problem is,
. If the foreclosing people have no right to foreclose on you, maybe you can get the house back, remove the mortgage or most of it and sell the house yoursel for a profit. Call me and I can counsel you on this. 321-549-1052 or email me at
0 votes
Ron Thomas, Agent, Fresno, CA
Sat Nov 12, 2011
What Lender could you possibly be talking about?

Michael sounds wise beyong his years.

Good luck and may God bless
0 votes
Jason Lange, Agent, Woodbury, MN
Sat Nov 12, 2011
Hello Antiocwen!
Michael was spot on with his comments. Please keep in mind that trying to sell your home on a short sale might be a good option as well. If you would like more information on doing that I would be happy to meet with you to discuss your options. For more information check out this link on my website.

Have a great weekend!!

Jason Lange
RE/MAX Results
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