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Evictions in Minnesota Foreclosure Proceedings

Minnesota Foreclosures: Owners' and Tenant's Rights

In Minnesota, an owner of a foreclosed property has the right to possess the property until the redemption period has passed. The owner is not the buyer during foreclosure. The owner is the party that held title to the property before the foreclosure proceedings began.

The buyer in a foreclosure proceeding does not take title until after the redemption period has run. According to Minnesota statute, a buyer does not become an owner until then and does not hold the right of possession until then.

Therefore, the buyer of a foreclosed property does not have the right to evict the current occupant, whether owner or tenant, until after the redemption period has ended.

Buyers of foreclosed properties are often worried that occupants will damage the properties. There is often good reason for this worry, since many foreclosed owners are angry and frustrated. However, a buyer cannot simply kick an occupant out after the sheriff's sale.

An occupant may agree to go voluntarily, but the buyer cannot force the occupant out until after the alloted time. Many buyers, to get around this, will offer the occupants incentives to leave. This is called cash-for-keys.

Cash-for-keys can be a good deal for tenants who have no other interest in the property than as a place to live. Some tenants have been able to negotiate handsome deals to leave the property early. The deal could range from several hundred to a couple of thousand dollars to get out.

Buyers also make the same deals to foreclosed owners, but owners are not as likely to leave; especially if they believe they will still try to redeem the property. Anecdotally, homeowners are not as likely to give in as easily as tenants.

If the owner or tenant does not want to leave before the redemption period has run, then he or she should not feel pressured or threatened by the buyer.

If you are being pressured or threatened and you don't want to leave yet, or you simply cannot leave yet, then please feel free to e-mail me to discuss your situation. If you are without a broadband connection, by all means, contact me on my office phone number.

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