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mpn · Oct 26, 2006, 09:06 AM

My friends house is being forclosed on. He lives in MN. We have something here called the Cold Weather Rule where you can't be evicted if it's after Oct. 15 Can a house be forclosed on and can he be kicked out before spring?

RickJ · Oct 26, 2006, 09:14 AM

First of all, you are mistaken about the Cold Weather Rule. It does NOT prevent a landlord from evicting a tenant, or refusing to renew a lease that expires during this “cold weather” season (see here and scroll down to #26).

Now, how long it takes for the Bailiff to set him out depends on the timing of the courts, when paperwork gets filed, etc...

Has he been to court yet? If so, where is the case at? Foreclosures, from beginning to end (set out), can vary from a few months to a many many months... and I've even seen them take a couple years.

mpn · Oct 26, 2006, 09:23 AM

Thanks for the quick response. All I know is he was sent a letter from the lender that if he didn't pay the past 6 months house pmts in full by the 11th of Oct. he would be notified soon to vacate the house. He thinks he can stay until spring because he thinks they can't kick him out because of the cold weather.. I say differently... thanks for the answers to my question.

RickJ · Oct 26, 2006, 09:31 AM

Clearly they have not filed yet, then. My guess is that they can't get him out sooner than the spring.

azelinsky · Nov 16, 2006, 03:17 PM

Originally Posted by mpn

My friends house is being forclosed on. He lives in MN. we have something here called the Cold Weather Rule where you can't be evicted if it's after Oct. 15 Can a house be forclosed on and can he be kicked out before spring?

Not sure about that, but does he want to keep the house? Does he have equity?

mnnorm · Oct 26, 2008, 08:45 AM

Originally Posted by azelinsky

Not sure about that, but does he want to keep the house? Does he have equity?

I also have a friend in Minnesota his house is forclosed on and the 6 months is up dec 15th, do you think he can stay until spring, because he has no money to move, he is looking for work, he was injured that's why he got in trouble.

jkope523 · Aug 26, 2012, 07:15 AM

Is there any way to find out exact date when you have to be out of your home after the sheriff sale ? Our 6month would be thanks giving day

AK lawyer · Aug 26, 2012, 01:41 PM

Originally Posted by jkope523

is there any way to find out exact date when you have to be out of your home after the sheriff sale ? our 6month would be thanks giving day

Six month what? Equity of redemption perhaps?

If the property is foreclosed, and there is a sale, if the judgment of foreclosure doesn't specify a date to leave, the buyer at the sale would have to go to court to get an order of eviction. How long that will take depends on the efficiency of the court process.