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Minnesota Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Minnesota on
Q: how can I put a lien on my home for mortgage payment owed from co owner?

Co own a home and the other party has paid little to nothing towards the mortgage payment

Anthony M. Avery
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answered on Sep 22, 2023

If you sue for contribution, and get a judgment, you might try to collect some other way. A judgment lien against the home is a second lien against your own property although not against you personally. Executing a lien against the home might get the mortgagee upset and you would only be... View More

1 Answer | Asked in Real Estate Law for Minnesota on
Q: Been with my girlfriend for 11 years and we built a home together but its in her name. What rights do I have. I contibut
Robert Kane
Robert Kane
answered on Aug 29, 2023

Unfortunately, you have a problem,but you are not without hope. Upon divorce the property acquired during the marriage is distributed equitably. Upon the break up of unmarried couples the property goes to whomever bought it. Her name on the title and presumably the mortgage definitely are in her... View More

1 Answer | Asked in Real Estate Law for Minnesota on
Q: I legally changed my last name to a previous name. Must the property records be changed before I sell? Quitclaim ok?

The property is in my name only. Can't I leave the records alone if I plan to sell and then just have the court order proof when it's time to sell?

Anthony M. Avery
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answered on Aug 18, 2022

You are not able to convey a deed to yourself. The new deed needs a derivation of title clause to the former name, then the acknowledgement contains your sworn statement you are the same person as both the old and new names. You could also put style of the name change case or divorce and docket... View More

1 Answer | Asked in Contracts, Real Estate Law and Banking for Minnesota on
Q: What is the likelihood of Obtaining a Lein Release with a remaining balance after Mortgage Company goes out of business?

I took out a 2nd mortgage in September of 2007 with Beneficial Loan and Trust. Shortly after this, they went out of business. I tried to make payments and contact them, but my payments were returned and was never able to get a hold of anyone. I waited for documentation of transfer, assumption,... View More

Anthony M. Avery
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answered on Jul 19, 2022

More than likely the best course to take is to hire competent MN attorney to file a Quiet Title Action. Lapse of the SOL should be a strong argument that the Mortgage/Deed of Trust should not remain against the real property. You are asking the Court to declare the Lien released.

1 Answer | Asked in Family Law and Real Estate Law for Minnesota on
Q: How to find it a sibling executor of estate anonymously bought the family home

Sibling executor in CO surreptitiously sold family home in WI without conferring with siblings, or putting it on the market. Sale was handled by her son a commercial real estate agent not licensed in WI and sold for 125k under market value to commercial flipper. Sibling refuses to explain... View More

Robert Kane
Robert Kane
answered on Aug 5, 2023

This seems like it needs to be addressed in CO and/or WI.

2 Answers | Asked in Foreclosure and Real Estate Law for Minnesota on
Q: Does a mortgage lien trump a gift letter

Both a mortgage lien was agreed upon both parties with no promissory note; however also a gift letter was signed. Is the mortgage lien still valid with no promissory note

Robert Kane
Robert Kane
answered on Aug 1, 2023

A letter acknowledging a gift of real property will have little value.

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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Minnesota on
Q: Can a person in a resident's meeting with management. Record the meeting with out the resident's permission.
Robert Kane
Robert Kane
answered on Jun 27, 2023

Minnesota is one party consent state. So a person in a resident's meeting with management can likely "record the meeting without the resident's permission." I am not going stick my neck out and offer an absolute "yes" or "no." I would never advise a client to do this.

Eagan attorney Minnesota

1 Answer | Asked in Real Estate Law and Probate for Minnesota on
Q: Transfer property to family member

My father passed away without a will. The property went though probate and was finalized about a year ago. The property title had to go in to the 3 children names. How do we transfer the title to one of the children? Is a Quit Claim deed the hway to go or should we hire an attorney to do it?

Anthony M. Avery
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answered on May 2, 2023

Hire as MN attorney to draft the Deed from whichever heirs are conveying to the one heir which will have fee simple title. The Derivation of Title clause will need to recite the Probate Case and who were decreed as the tenants in common.

1 Answer | Asked in Foreclosure and Real Estate Law for Minnesota on
Q: Whe a foreclosure results in excess proceeds after sheriff sale in is owner still proper beneficiary of proceeds in Minn

Can a business hire an attorney to take care of the legal or court proceedures if needed to collect in Minnesota if so what percent can they charge for these services

Peter J. Weinman
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answered on May 2, 2023

Yes, a foreclosed homeowner can retain an attorney to recover surplus funds. From my NY perspective, the fee can be anything agreed upon, but one-third is customary here if it's done on a contingent fee basis.

1 Answer | Asked in Real Estate Law and Civil Litigation for Minnesota on
Q: I'm filing an appeal for eviction court because I had an emergency I had an accident at work and I was in the ERI couldn

I just need to know am I feeling out the appeal paperwork stating why I wasn't at the hearing or my at the hearing or my original reasons for wanting the hearing

Anthony M. Avery
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answered on Sep 26, 2022

You need to file a Motion to Set Aside a Default Judgment. Quickly. Hire a MN attorney to represent you as defending against losing possession is difficult.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Minnesota on
Q: Can a Personal Representative of the estate petition for eviction, or does he have to file a lawsuit for damages
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answered on Aug 5, 2022

With the right facts and proof, he is authorized to do either or both causes of action. Hire a MN attorney to represent you.

1 Answer | Asked in Small Claims, Contracts and Real Estate Law for Minnesota on
Q: Can you make an signed agreement giving you the right to forcibly remove a person on such date without going to court
Anthony M. Avery
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answered on Jul 11, 2022

You could but it would only be enforceable in Court. Hire a MN attorney for an Eviction action.

1 Answer | Asked in Real Estate Law for Minnesota on
Q: ending a relationship,purchased house together, both names on title, mortgage in my name only, partner refuses to sell

Refuses to sign seller agreement, do I have rights

Anthony M. Avery
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answered on Aug 18, 2021

You will need to file an action for a Partition if there is sufficient equity. If not, a sale may not be practical anyway.

1 Answer | Asked in Real Estate Law for Minnesota on
Q: I have used my driveway for over 20 years now my neighbor says it’s on his land and I can’t use it? What can I do

The neighbor had the land surveyed and the crossing over the ditch and about 20ft of the the driveway is on their property they have also been farming about 300ft of our land on the opposite end. We have never asked or gotten permission as we thought the crossing was on our land and it is the only... View More

Anthony M. Avery
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answered on Jun 4, 2021

It appears that you have a Boundary Dispute. You probably have the right to use the driveway by prescription, but the farming of your land could be serious adverse possession. Do not acquiesce to their farming on your land. Hire a competent MN attorney immediately. Both adjoining tracts now... View More

1 Answer | Asked in Real Estate Law for Minnesota on
Q: In Minnesota do I have any rights as an unmarried partner to any money I have contributed to my partners home

I have made mortgage payments, property tax payments, and added value to his home

Corwin Kruse
Corwin Kruse
answered on May 23, 2021

It is possible that you could have a claim, but it would not be in the family courts.

If you have evidence of the payments, you *might* be able to prove your claim in civil court. It is also possible, however, that the payments could be viewed as “rent” in exchange for living there.

1 Answer | Asked in Contracts and Real Estate Law for Minnesota on
Q: What kind of attorney do I consult if I buy property in Mexico?

I am interested in buying a condo in Peurta Villarta.

William Bailey
William Bailey
answered on Feb 1, 2021

You likely need an attorney in Mexico who handles real estate transactions. Alternatively, a real estate agent in Mexico should be able to assist you.

1 Answer | Asked in Real Estate Law for Minnesota on
Q: Current owners in Minnesota are threatening to take legal action against us, for things happening 2 months after buying

Our buyers had their boiler go out a month after they moved in and now want us to pay for it. We owned it for 7 years and never had any issues. It was all working properly during inspection and for a month after they moved in. They are threatening legal action against us if we don’t pay them... View More

William Bailey
William Bailey
answered on Nov 25, 2020

You should consult directly with an attorney. An attorney may even be able to help you get them to leave you alone.

1 Answer | Asked in Real Estate Law for Minnesota on
Q: How can I purchase my property with clean title if one owners part wasn't recorded until 5 months after purchase?

There were several owners to the property I purchased. One of the owners had her deceased husbands name on that part of ownership. It is recorded that this was not changed until 5 months after it is recorded I purchased the property. Is my title and deed valid if this one owner wasn't actually... View More

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answered on Oct 9, 2020

You have not clearly stated the chain of title. But without knowing more, it will be critical that your widow grantor conveyed her interest to you by warranty deed. That is because if she in fact gained title to the property after she conveyed to you, it immediately inured to your grantee... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Minnesota on
Q: How do I calculate life estate remainder interest value? Please help.

Won't let me edit main question, but please read-on... I purchased my fathers remainder interest last year at a value based on Minnesota's "Life Estate Mortality Table" which seems to be the same for all states. I fixed-up the home and am selling so will need to calculate value... View More

Nina Whitehurst
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answered on Jul 8, 2020

Your basis in the remainder interest is what you paid for it plus any other costs of acquisition, such as recording fees and documentary transfer taxes, if any, and title and escrow fees, if any. As far as the sale price goes, it is whatever the market will bear. Consulting actuarial tables is... View More

1 Answer | Asked in Real Estate Law and Small Claims for Minnesota on
Q: We bought a house with water damage, had an inspection but it either missed it or it wasn’t present. What can we do?

The ceiling in the downstairs bathroom had a leak. Neither is, our realtor and our inspector saw this leak. We had the inspection in May and in July we moved in due to the current owners preference. They are refusing any compensation and I cannot prove they knew about the leak. We noticed the... View More

Mark William Perron
Mark William Perron
answered on Apr 27, 2020

First, with regard to the inspector, you would need to look at the agreement and see if there is any language that limits the company's exposure. If there is nothing in there and the leak was obvious as to where the inspector should have known about it, you could bring a civil claim against... View More

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