§ 580.01

Ruiz v. 1st Fidelity Loan Servicing, LLC · 2013 4 citations

+ 4 more citations in this opinion.

Timothy T. Childs v. North River Road Condominium Association · 2015 1 citation

+ 1 more citation in this opinion.

Nationstar Mortgage, LLC v. Julie Quale, John Doe · 2015 1 citation

+ 1 more citation in this opinion.

Federal Home Loan Mortgage Corporation v. Patricia G. Mikelson · 2015 1 citation

+ 1 more citation in this opinion.

Minneapolis Grand, LLC v. Galt Funding LLC · 2010 1 citation

+ 1 more citation in this opinion.

Benson v. Empire State Bank · 1994 1 citation

+ 1 more citation in this opinion.

Vagle v. Flagstar Bank N.A. · 2025 2 citations

+ 2 more citations in this opinion.

LaFave v. Nationstar Mortgage LLC · 2020 2 citations

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Arzt v. Bank of America, N.A. · 2012 2 citations

+ 2 more citations in this opinion.

Dunbar v. Wells Fargo Bank, N.A. · 2012 2 citations

+ 2 more citations in this opinion.

Vail v. Brown · 1994 2 citations

The VA provides housing assistance to qualified veterans by providing a government guaranty for home loans made to veterans by private lenders. In the event of a default on these mortgages by a veteran or a subsequent purchaser, the lender is required to give the VA at least 30 days’ notice before foreclosing on the property. 38 U.S.C. § 3732(c)(3) (1991); 38 C.F.R. § 36.4317 *912 (1998). 5 The VA then has 15 days to instruct the lender how to proceed. 38 C.F.R. § 36.-4324 (1993). The VA may either purchase the loan, or advise the lender to go forward with foreclosure. 38 U.S.C. § 3732(e)(3) (1991). Should the VA direct the lender to proceed with foreclosure, the lender must follow the VA’s instructions as to the appropriate method and timing. 38 C.F.R. § 36.-4324(f) (1993). Foreclosure of the property is conducted in accordance with state law. 38 U.S.C. § 3720(a)(6) (1991). Minnesota law allows both judicial and non-judicial foreclosure. See Minn. Stat. §§ 580.01, et seq., and 581.01, et seq. (1988).

The VA provides housing assistance to qualified veterans by providing a government guaranty for home loans made to veterans by private lenders. In the event of a default on these mortgages by a veteran or a subsequent purchaser, the lender is required to give the VA at least 30 days’ notice before foreclosing on the property. 38 U.S.C. § 3732(c)(3) (1991); 38 C.F.R. § 36.4317 *912 (1998). 5 The VA then has 15 days to instruct the lender how to proceed. 38 C.F.R. § 36.-4324 (1993). The VA may either purchase the loan, or advise the lender to go forward with foreclosure. 38 U.S.C. § 3732(e)(3) (1991). Should the VA direct the lender to proceed with foreclosure, the lender must follow the VA’s instructions as to the appropriate method and timing. 38 C.F.R. § 36.-4324(f) (1993). Foreclosure of the property is conducted in accordance with state law. 38 U.S.C. § 3720(a)(6) (1991). Minnesota law allows both judicial and non-judicial foreclosure. See Minn. Stat. §§ 580.01, et seq., and 581.01, et seq. (1988).

Kjeldahl v. United States (In Re Kjeldahl) · 1985 2 citations

+ 2 more citations in this opinion.

John W. Swenson & Sons, Inc. v. Aetna Life Insurance · 1983 2 citations

Swenson failed to make its semiannual, $252,000 mortgage payment due April 1, 1982 (after previously informing Aetna that it would not be able to make the payment) and Aetna instituted foreclosure by advertisement proceedings pursuant to Minn. Stat. §§ 580.01-.30. Swenson made repeated efforts to obtain financing either from Aetna or from other lenders in order to reinstate the mortgage but was unsuccessful.

Swenson failed to make its semiannual, $252,000 mortgage payment due April 1, 1982 (after previously informing Aetna that it would not be able to make the payment) and Aetna instituted foreclosure by advertisement proceedings pursuant to Minn. Stat. §§ 580.01-.30. Swenson made repeated efforts to obtain financing either from Aetna or from other lenders in order to reinstate the mortgage but was unsuccessful.

Moratzka v. Lanesboro State Bank (In Re Johnson) · 1981 2 citations

+ 2 more citations in this opinion.