What is Foreclosure in Duluth, Minnesota?

Find the right Foreclosure Bankruptcy attorney in Duluth, MN

Foreclosure is the procedure through which the lender in a mortgage takes ownership and/or possession of the property that secured the original loan. This happens when a debtor in Duluth, Minnesota has consistently failed to make their payments. When a house is foreclosed, it is usually sold at auction shortly thereafter. This is because banks usually want to get rid of the property as soon as possible, even if it means losing some money, and an auction is an simple way to do this.

In all states in the United States, including Minnesota, foreclosure by judicial sale is an option. This allows the sale to be done under the supervision of a court, to ensure that the bank makes a good faith effort to get a fair price, and that the proceeds above and beyond the balance of the mortgage (if there are any) go back to the debtor. In some states, original mortgages are treated as "non-recourse" loans, meaning that, at most, the lender can take possession of the house in the event of foreclosure, even if it is worth less than the amount due. The bank cannot go after the borrower for the remaining balance once it sells the house. You should consult an attorney in Duluth, Minnesota to find out if this is the case here. This usually does not apply if the mortgage has been refinanced.

How Can I Avoid Foreclosure in Minnesota?

First, and most importantly, you should not dismiss the issue. Failing to respond to foreclosure calls from your lender will not make an issue go away. You should stay in touch, and be honest with, your creditor as much as possible. You should keep in mind that banks usually don't want to take your Duluth home. They aren't in the real estate business, and expect to make money through interest on the loan, not by selling your house. If you are up-front with them early on, they will probably make a reasonable effort to accommodate your financial system if it will prevent you from defaulting.

If no deal can be worked out, or the mortgage payments have become prohibitive, you may consider a "short sale". While the lender has to consent to it, many will take a moderate loss if it means avoiding foreclosure (which lenders generally treat as a last resort). This allows you to sell the house for whatever price it can fetch on the current market, and hand the proceeds over to the bank. If the sale nets less than the balance, some or all of the deficiency may be forgiven. You could also consider a "short refinance" which allows a part of the debt to be forgiven, and lets you refinance the rest.

How Can A Duluth, Minnesota Attorney Help?

If you are worried about foreclosure, a good Duluth, Minnesota real estate attorney may be able to help. An attorney can increase your chances of keeping your home, and help minimize the financial impact if keeping it proves impossible.

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Life in Duluth

Duluth, Minnesota is the fourth-larges city in the state, with a population of about 85,000. It is the county seat of St. Louis County. It is located on the north shore of Lake Superior, the largest of the Great Lakes.

Various Native American tribes have lived in the area now known as Duluth for thousands of years. The first permanent European settlement of Duluth was established in 1852, and discovery of significant deposits of copper and iron led to a land rush, creating rapid population growth.

Around the same time, newly-build channels linking the Great Lakes to the Atlantic Ocean allowed for large ships to access Duluth, further promoting economic growth.

During the first half of the 20th Century, Duluth, Minnesota underwent a major industrial boom, becoming an important center for steel manufacturing. However, by the 1970s, foreign competition began to seriously weaken the U.S. steel industry, leading to the closure of one of the major steel plants in the area.

More recently, Duluth, Minnesota has, with a good amount of success, transitioned into a tourism-based economy.

If you live in or near Duluth, Minnesota, chances are you can find a good lawyer for whatever legal problem you might have. Duluth, Minnesota lawyers are able to handle just about any case that walks through their door.

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