Can a Minnesota city speed up the foreclosure of an abandoned house?
Yes. In a foreclosure by advertisement, the city or other local government where the house sits, as well as the lender or sheriff's-certificate holder, can ask a district court to shorten the owner's redemption period. If the order comes after the foreclosure sale, the redemption period ends five weeks from the date of the order.
The shortcut covers homes of fewer than five units on ten acres or less, not model homes, homes under construction, or farmland. The loan must have been in default for at least 60 days when the case is filed.
An affidavit from the sheriff, a building inspector or a housing official saying no one lives there, along with signs such as boarded or broken windows or smashed doors, is evidence of abandonment. Shut-off utilities, piled-up trash, or at least two police reports of trespassing or vandalism also count.
When a city or other local government brings the case and wins the five-week order, the court must award it its costs and disbursements. Without that order, the usual redemption period after a sale is six months, with some exceptions.
Holding a Minnesota house nobody lives in and behind on the mortgage? Here's a plain guide to foreclosure in Minnesota.
Who has to secure a vacant house in foreclosure in Minnesota?
If the holder of the sheriff's certificate knows of evidence that the house is abandoned, it must go in, inspect it regularly, change the door locks, and make sure the windows lock. If a house is vacant, the mortgage holder or the holder of the sheriff's certificate may go in to protect it from waste and trespass.
It may also board up windows, doors and other openings and install an alarm system. After changing the locks, the holder must give the owner a key on request.
Those protection costs can be added to the mortgage balance or to the amount needed to redeem.
How can a Minnesota city make an owner secure, fix or tear down a hazardous house?
The local governing body can order the owner of a hazardous building to fix or remove the hazard, or to tear the building down. If a vacant building in a city is open to trespass and could be made safe by securing it, the city can order it secured.
Minnesota law treats a building as hazardous when poor upkeep, dilapidation, damage, unsanitary conditions or abandonment make it a fire, safety or health hazard.
The local government can also fix or remove the hazard itself. The cost is then charged against the property, and the local government can let it be paid over up to five years at 8 percent interest.
Notice of the order goes to the owner, the taxpayer, the mortgage holder, and any neighborhood association that asked to be notified. If the owner or sheriff's certificate holder doesn't comply, offer a plan, or ask for a hearing within six days, the city must secure the building and can charge the cost to the property.
Can neighbors in Minnesota take an empty, run-down house to court?
A housing-related neighborhood organization can. It can sue over code violations at an unoccupied residential building in its area. For Minnesota's housing-repair lawsuits, a residential building includes an empty former home that is a nuisance.
A state, county or local agency that enforces health, housing or building codes can bring the same case.
If the case is proved, the court may appoint an administrator. The administrator can contract for the labor and materials needed to fix the violations and rehabilitate the property. With court approval, the administrator can borrow against the property to pay for that work.
How long does a Minnesota owner have to redeem a house lost to unpaid taxes?
After land is sold to the state at a tax judgment sale, the owner generally has three years to redeem it. For an abandoned property, a city, county or certain local development authorities can ask a court to cut that to five weeks.
This applies whether or not the property was a homestead at the time of the sale.
Once land forfeits for taxes, the county must first offer it at public auction. Before that sale, the owner or another interested party can buy it back by paying the back taxes, assessments, penalties, interest and costs.
How do you report an abandoned house in Minneapolis, Minnesota?
Minneapolis asks people to call 311 about a building that looks vacant but isn't boarded, or a boarded building that has been broken into.
Suspicious or illegal activity at a vacant or abandoned building should be reported to 911.
You can also tell me where it is. I'll find out who owns it and reach out about buying it and fixing it up.