foreclosure disaster

[gordons5]

Hello, after saving my own home with all the useful info I got here, I am now helping a friend of mine in her fight. I may be crazy, but this fight seems to be calling my name. I hadn't talked to her in the past few months, but I knew her house had went to sheriff's sale, so I asked about it. She has 59.6 acres, and it is used as a farm, so I know that the rules here in Minnesota say that those 2 circumstances mean that the right of redemption moves from 6 to 12 months. She was told her redemption was 6 months. So, as they are getting ready to move to who knows where in 1 week(right of redemption is up on the 21st) I tell her no, you call the mortgage company's(Eastern Savings) attorney and find out why they are saying 6 months. So, she calls today, after some run around they lady at the attorneys office and is told they are very sorry, but they did make a mistake, they do have 12 months. Now there are 2 things about this that make me mad. 1. They never received any papers regarding the sheriff's sale, and 2. had they known that they had 12 months, they could have worked a little harder knowing they were not out of time, but instead they found a buyer on a short sale. Does anyone else see this as a problem? They could have found someone to help bail them out of this mess, or maybe they couldn't have, but should they not have been given that option? They could have at least been given a chance. Oh, I forgot to mention, this is a $200,000 mortgage on close to a $1,000,000 property. Do they have any options? Who do they call? Any suggestions would be greatly appreciated!! She is torn between happiness of having the extra time, and anger over the fact they were told 6 months, when really it was 12 and things could have been handled differently. Any help would be so appreciated!!

[Moe Bedard]

gordon,

Is there any way at all that your friend is able to joing the forum so that we can assist her directly?

[gordons5]

Unfortunately she does not have internet access at the moment due to trying to save money to move. I am her only hope at this time.

[Moe Bedard]

I understand.........What she might run into here is the right of redemption might require her to pay the entire default amount plus the attorney fees...........this is really a difficult situation..............the best thing that she can do is to speak to a real estate attorney...........even if it is for an hour or two to go over all of her paperwork that she did or didn't receive and to see what her options are at this point.....

[gordons5]

Should she send QWR?

[Moe Bedard]

The QWR isn't going to give her info about how they handled the foreclosure..............the QWR would be requesting documents in regards to the servicing of the loan and this has to do with the foreclosure process.........and feeling that they didn't follow the protocol in the state........that would require an attorney to review the process........

[gordons5]

How does she get the papers regarding the foreclosure? She never received the required papers delivered by the sheriff's office, so how does she go about getting those papers?

[Moe Bedard]

I am not sure about the papers...........in Minnesota the way they handle foreclosure would go according to what is documented in the Deed of Trust............were you able to look at her Deed of Trust to see if there is a Power of Sale clause in there..................

In reading the foreclosure law, it just specifies that the information needs to be recorded in the county.............has she contacted the county to see what information had been recorded on her property..........the county should have the information that she is looking for..............

Minnesota Foreclosure Law