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I recently purchased a prperty in woodbury minnesota. The…

Customer Question
I recently purchased a prperty...
I recently purchased a prperty in woodbury minnesota. The property was to be in a Sheriff sale on June 10th, 2010 as a result of a divorce.

Thru court ordered J & D, the husband was awarded the property.

Since closing, The Seller has tried to give me access to the property but the wife who was given full use of the property until a valid Purchase agreement refuses to grant access for inspection etc.

The atorney of the husband followed the J & D and sent a letter advising the sale of the property as per the J & D, she is to be out the property within 30 days notice of a valid Purchase Agreement.

As the new owner, what is my rights?
Submitted: 8 years ago.Category: Real Estate Law
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Answered in 6 minutes by:
6/11/2010
Real Estate Lawyer: Tina, Lawyer replied 8 years ago
Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 33,167
Experience: 17 years of legal experience including real estate law.
Verified

Since the wife is refusing to leave, you will need to go through the eviction process. However, under MN law, the owner has a right of redemption and during that period you cannot evict and do not have a right to possess the property.

 

The statutory period for redemption is 6 months in MN, so you could not bring eviction proceedings until after that time.

 

Here is information on the eviction process:

 

http://www.rentlaw.com/eviction/minnesotaeviction.htm

 

Please let me know if you need clarification.

Best regards XXXXX XXXXX

Tina

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Customer reply replied 8 years ago
The redemption period has expired and I purchased the property from the Sheriff sale. I am the full legal owner of the property. Why do I need to go thru eviction since I have no verbal or written agreement with her?
Real Estate Lawyer: Tina, Lawyer replied 8 years ago

The eviction process is the only way to forcibly remove her even though she was not a tenant. Eviction following foreclosure is often necessary and part of the risk of purchasing foreclosed property.

 

You will need to file a notice to vacate and then a lawsuit for unlawful detainer with the help of a local property law attorney. Some owners of foreclosed property are offering keys for cash to get the holdover owner to move out instead of having to go through the time and expense of evicting them.

 

Good luck and take care!

 

 

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Customer reply replied 8 years ago

Last question:

 

Do I have the right to access the property to assess if there is any damages?

Real Estate Lawyer: Tina, Lawyer replied 8 years ago

No. Not until you have a valid order of eviction. You can request the right to access the property in your unlawful detainer suit and the court can grant that request. But you would need a court order.

 

All the best to you!

 

 

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