Foreclosure Defense Attorney Minneapolis

Foreclosure Defense Attorney Minneapolis, MN

Facing foreclosure? Free Case Review

Call (612) 473-1200 or contact us online to speak with a Minnesota foreclosure defense attorney today.

Facing foreclosure can feel scary and overwhelming, and it can leave property owners wondering where to turn for assistance. Christensen Law PLLC is here to help. Our Minnesota foreclosure defense lawyers can protect your rights and explore legal options that may allow you to delay the foreclosure and keep your home.

Our law firm has advocated for individuals and businesses across the state and nationwide for over 15 years. Let us put our knowledge, resources, and experience to work for you. Contact us online or call today to connect with our award-winning legal team.

What is Foreclosure?

Foreclosure is the process that a lender can use to repossess property when a borrower does not repay their loan (defaults). According to the Minnesota Attorney General, a borrower defaults as soon as they are one month behind on payments or if they only make partial payments. Foreclosure allows the lender to force a sale of the property to recover the debt the borrower owes.

When a default occurs, the lender will usually notify the borrower to contact them. The lender may also begin making additional efforts to recover payment on the mortgage. Most lenders will not begin foreclosure until you are 120 days (four months) behind on payments, but they can start sooner. It is best to take steps to prevent foreclosure as soon as your lender notifies you about your default.

Minnesota laws govern the foreclosure process. Statutes outline how lenders can conduct a foreclosure, homeowners’ rights during foreclosure, and options homeowners may have to keep their property. These laws are complex. Do not leave something as important as protecting your home to chance. Let our Minnesota foreclosure defense lawyers help you navigate your case.

Minnesota Gives Borrowers a Redemption Period During Foreclosure

After a lender sells your property during foreclosure, you have a “redemption period” of six months. During this time, you have the power to pay back the money you owe to save your home from foreclosure. During the redemption period, you may remain in your home and use it as you normally would. You can also attempt to refinance your property, although that is unlikely. It is difficult to refinance after foreclosure. Usually, the best course of action is to be proactive in preventing it from happening.

Our Minnesota foreclosure lawyers can discuss options you may have for retaining your home during redemption if necessary.

The Minnesota Foreclosure Timeline

Minnesota foreclosures move through a predictable sequence. Knowing where you are on this timeline is the first step in deciding what to do.

Default (Day 1–30). You miss a payment. Under Minnesota law, you are technically in default the moment a payment is late or only partial.
Collection efforts (Day 30–120). The lender or servicer contacts you about catching up. Most lenders will not begin formal foreclosure until you are roughly 120 days behind, but the timeline is at the lender’s discretion.
Pre-foreclosure notice. The lender must send a statutorily required notice before publishing the foreclosure.
Publication and posting. A “Notice of Mortgage Foreclosure Sale” is published in a county newspaper for six consecutive weeks and posted on the property at least four weeks before the sale.
Sheriff’s sale. The property is sold at auction. The lender usually bids the amount owed.
Redemption period (6 months, in most cases). You may remain in the home and have the right to pay the full sale amount plus costs to redeem the property. In some cases — short-term loans, abandoned property — the redemption period is shorter.
Expiration of redemption. If the homeowner does not redeem and no defenses delay the process, title passes to the buyer at the sheriff’s sale, and eviction may follow.

At every one of these steps, a foreclosure defense attorney may have legal options — from challenging standing or procedure, to raising federal lending defenses, to negotiating a loan modification, to filing bankruptcy. The number of available options shrinks at each step.

Common Foreclosure Defenses

Our foreclosure defense attorneys in Minnesota can provide you with a fair and honest evaluation of your case and present you with foreclosure defense options. We may be able to fight your foreclosure on the following bases:

The Lender Does Not Have Standing

Before a lender can foreclose on your home or property, it must establish that it has “standing,” i.e., the right to do so. Standing can be hard to prove when a mortgage has been sold multiple times to multiple lenders.

To prove standing, the lender must have documentation that it owns your debt and that the debt is valid. If a lender cannot provide this, it may defeat the foreclosure.

The Lender Did Not Follow Minnesota's Foreclosure Procedures

State foreclosure laws outline the procedures lenders must follow to be able to foreclose on a borrower. The laws include timelines for filings and rules on how and when a lender must notify a borrower about a foreclosure. If your lender did not follow the law, we may be able to use it as grounds for delaying or dismissing the foreclosure.

Additionally, lenders are subject to a statute of limitations. If too much time has passed between when a borrower defaulted and a lender begins foreclosure, they may no longer have the right to take action. Our Minnesota foreclosure defense attorneys can tell you more about deadlines that may affect your case.

The Lender Violated Federal Lending Laws

There are federal consumer laws that protect borrowers. Under the Truth in Lending Act (TILA), lenders must provide borrowers with accurate and complete loan information, including Annual Percentage Rates (APRs), payment schedules, and the total payment owed. Lenders must also inform borrowers within 30 days about the transfer or sale of their loan.

The Real Estate Settlement Procedures Act (RESPA) also mandates the timely notification of loan servicing transfers. Additionally, RESPA outlaws other unfair lending practices, such as inflating the cost of third-party services or demanding excessively large escrow accounts.

If your lender violated your rights or did not fulfill their obligations under TILA or RESPA, it could invalidate the foreclosure.

You Were the Victim of Unfair or Predatory Lending

Predatory lending refers to situations in which a lender takes advantage of a borrower. Examples of predatory lending include:

Charging very high interest rates
Inflating fees and charges that are part of your loan
Including unnecessary products and services in your mortgage, such as credit insurance (known as “loan packing”)
Making an assets-based loan, which is a loan based on your assets, rather than your ability to pay
Pushing a borrower into taking a risky, high-cost loan when they could have qualified for a conventional loan
Refinancing an existing loan into a new one to generate fees (known as “loan flipping”)
Targeting elderly or low-income borrowers for abusive loan practices

A predatory lending practice that contributed to your inability to repay your mortgage may play a role in your foreclosure defense.

You Have a Zombie Mortgage

Your old junior mortgage may have stopped sending you monthly statements. And now, many years later, they are threatening to foreclose if you do not pay them. When these old, dead mortgage loans come back to life, they are called “zombie mortgages.” While a mortgage loan is not excused because the loan servicer goes dark, these zombie mortgages typically are overstated, including interest and fees that loan servicers cannot collect. Additionally, because of their age and lack of prior collection and servicing, servicers and lenders have difficulties locating required information to enforce them.

Bankruptcy

Filing for bankruptcy can halt the foreclosure process. However, bankruptcy is a serious financial decision that you should consider carefully. Our bankruptcy lawyers serving Minnesota can advise you on whether bankruptcy is a good option for you.

Don’t wait — Minnesota foreclosure timelines move fast. Schedule a free consultation or call (612) 473-1200 to talk to a foreclosure defense attorney today.

When to Hire a Foreclosure Defense Lawyer

Minnesota’s foreclosure timeline is short — and once a sheriff’s sale happens, your options narrow quickly. You should contact a foreclosure defense lawyer near you as soon as any of the following happens:

You receive a Notice of Default or pre-foreclosure notice from your lender or loan servicer.
You are 60 or more days behind on your mortgage payments and you do not have a clear path to catch up.
You receive a “Notice of Mortgage Foreclosure Sale” or see a foreclosure-related publication of your address.
Your loan was sold, transferred, or assigned and you cannot reconcile the new servicer’s statements with your records.
A junior mortgage you had not heard from in years has suddenly resurfaced — a “zombie mortgage.”
You believe your original loan involved predatory terms, undisclosed fees, or violations of TILA or RESPA.
You have been denied a loan modification, forbearance, or workout that you believe you qualified for.
A sheriff’s sale date has been set and your redemption period is approaching.

The earlier you call, the more options a foreclosure defense attorney has. Some defenses — including standing, procedural violations, and federal-lending violations — must be raised before the sale to have full effect. Others may extend or pause the redemption period. Waiting is the single biggest reason homeowners lose homes that could have been saved.

Christensen Law PLLC Can Help You Save Your Home, Putting You First

When dealing with something as serious and personal as potentially losing your home to foreclosure, you deserve to be treated with respect and compassion. At Christensen Law PLLC, we practice better. We take the time to listen to you, understand your needs and goals, and work collaboratively with you to achieve the best possible outcome for your case.

We believe the attorney–client relationships we build set us apart from other law firms, where it can feel like you are just a case number. When you work with us, you will have direct contact with your lawyer, who will be available to answer your questions and address your concerns. We put you first because we genuinely care about you and getting the results you seek.

Our consumer law and real estate lawyers handle a broad range of claims involving real estate and real property. We can manage your foreclosure case, taking the pressure and legal burden off your shoulders.

We can:

Obtain and review loan documents, communications with your lender, and other evidence
Develop a foreclosure defense strategy
Communicate with your lender and other involved parties on your behalf
Attempt to negotiate with your lender to halt the foreclosure
Work with your lender to develop a manageable mortgage repayment plan
Take action against lenders for predatory or illegal practices
Represent you in court if necessary

Frequently Asked Questions About Foreclosure Defense in Minnesota

How long does foreclosure take in Minnesota?

From the first missed payment to the sheriff’s sale, Minnesota foreclosures typically take six months to a year. After the sale, there is a six-month redemption period in most cases. From start to finish, expect roughly 12–18 months — but timelines vary based on the lender, the property, and whether the borrower raises defenses.

Can a foreclosure defense lawyer actually stop my foreclosure?

Often, yes — at least temporarily, and sometimes permanently. Defenses based on a lender’s lack of standing, failure to follow Minnesota’s foreclosure-by-advertisement procedures, or violations of federal lending laws (TILA, RESPA, FDCPA) can delay or dismiss a foreclosure. Filing bankruptcy can also halt a sale through the automatic stay. The right strategy depends on your facts.

What is the Minnesota redemption period and how does it work?

After a sheriff’s sale, most Minnesota homeowners have a six-month redemption period. During that time, you may remain in the home and have the right to redeem the property by paying the full sale amount plus interest, costs, and any liens. Shorter redemption periods (often five weeks) apply to certain short-term loans and abandoned properties.

How much does a foreclosure defense lawyer cost?

Cost depends on the complexity of your case. Many homeowners are surprised to learn that some defenses — including violations of federal lending laws — allow attorney’s fees to be shifted to the lender if you prevail. Christensen Law offers a free initial consultation so you can understand your options and the likely cost before committing.

Can I file bankruptcy to stop foreclosure?

Yes. Filing Chapter 7 or Chapter 13 bankruptcy triggers an automatic stay that immediately halts foreclosure proceedings. Chapter 13 can also let you catch up on missed payments over three to five years. Bankruptcy is not right for every homeowner, and we walk through the trade-offs honestly before recommending it.

What is a zombie mortgage and why is it a defense?

A zombie mortgage is an old junior mortgage that went silent for years and is suddenly threatening foreclosure. These claims are often overstated — they include interest and fees the servicer can no longer collect — and frequently fail standing, statute-of-limitations, or recordkeeping requirements. We have defended numerous zombie mortgage cases in Minnesota.

Do I have to leave my home immediately after a sheriff's sale?

No. The sheriff’s sale does not transfer possession. You have the right to remain in the home throughout the redemption period — typically six months. The buyer at the sheriff’s sale cannot evict you until that period expires, and not always then, if other defenses apply.

What if my lender is offering a loan modification — do I still need a lawyer?

Possibly. Loan modifications can be helpful, but they are also where lenders make most of their procedural errors. A foreclosure defense attorney reviews any modification offer to make sure it actually solves your problem, doesn’t waive rights you’ll later need, and complies with applicable federal regulations.

Talk to a Minneapolis Foreclosure Defense Lawyer Today

Christensen Law PLLC is a leader in representing Minnesota homeowners facing foreclosure. Let our legal team find efficient and creative solutions for your foreclosure case. Do not wait when it comes to protecting your home — Minnesota foreclosure timelines move quickly and the options available to you shrink at every step.

Free Consultation — Talk to a Foreclosure Defense Attorney Today

Call (612) 473-1200 or fill out our online contact form.

We represent Minnesota homeowners facing foreclosure throughout the Twin Cities including Minneapolis, St. Paul, Bloomington, Edina, Plymouth, Maple Grove, Minnetonka, Eden Prairie, Brooklyn Park, St. Cloud, Duluth, Rochester, and across the state of Minnesota.