<![CDATA[Baland Law Office, P.L.L.C., (763) 450-9494 - Blog]]>Mon, 22 Jan 2018 18:15:33 -0800Weebly<![CDATA[Free Seminar/CLE: What Every Employer Needs to Know about Unemployment Benefits]]>Fri, 19 Jan 2018 22:43:02 GMThttp://balandlaw.com/blog/free-seminarcle-what-every-employer-needs-to-know-about-unemployment-benefits
Tim is teaching a free seminar/CLE on "What Every Employer Needs to Know about Unemployment Benefits."  The seminar will be held on Friday, February 2, 2018 from 9 AM – 10 AM at Tim's office, 2140 4th Avenue, Anoka Minnesota 55303.

ATTORNEYS: One standard CLE credit has been applied for.

Space is limited, so advance registration is required. For more information and to register, please visit:

https://www.eventbrite.com/e/what-employers-need-to-know-about-unemployment-benefits-and-appeals-tickets-42370325785

Thanks!
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<![CDATA[How Do You Know Whether Bankruptcy Is Right for You?]]>Thu, 04 Jan 2018 23:06:14 GMThttp://balandlaw.com/blog/how-do-you-know-whether-bankruptcy-is-right-for-you
Tim is teaching a free seminar/CLE on Bankruptcy Basics, and How Do You Know Whether Bankruptcy Is Right for You.  The seminar will be held on Friday, January 19, 2018 from noon – 1 PM at Tim's office, 2140 4th Avenue, Anoka Minnesota 55303.

This seminar covers the basics of bankruptcy for consumer and small business debtors, including the differences between Chapter 7 and Chapter 13, exemptions and ways to keep non-exempt property, and what to expect at the Meeting of Creditors and other bankruptcy-related court hearings.  Intended for consumer and small business debtors, as well as attorneys who do not handle bankruptcy cases, this seminar will introduce you to bankruptcy.

ATTORNEYS: One standard CLE credit has been applied for.

ADVISORY: Tim is a debt-relief agent, and his office is a debt-relief agency.  Tim helps people like you to file for bankruptcy relief.

Space is limited, so advance registration is required.  Please click on this link to register:

https://www.eventbrite.com/e/bankruptcy-basics-how-do-you-know-if-bankruptcy-is-right-for-you-tickets-41850019535

Thanks!
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<![CDATA[Can You Get Rid of Student Loans in Bankruptcy?]]>Wed, 03 Jan 2018 22:37:10 GMThttp://balandlaw.com/blog/can-you-get-rid-of-student-loans-in-bankruptcy
I am often asked if you can get rid of student loans in bankruptcy. The short answer is no, probably not – unless you qualify for a very narrow exception.  ​Regardless of whether you file Chapter 7 or Chapter 13 bankruptcy, you cannot get rid of student loan debt. At some point, I think that the law will change to allow you to get rid of all or a portion of student loan debt, but that is not the way it is under the law as it is written now.

In order to get rid of student loans in bankruptcy, you have to start what is called an "adversary proceeding" in bankruptcy court after you file your bankruptcy petition and prove that it would be an "undue hardship" for you to repay your student loan debt.  That is practically impossible.

Debtors who have student loan arrearages may be able to use Chapter 13 bankruptcy to have more control over the amount that they have to pay while they are in bankruptcy, but will still be on the hook for any unpaid amounts after the bankruptcy is over.

Most student loans are held by the federal government, but many students take out such loans from private entities (because the loans from the federal government are insufficient for funding an education). Regardless of whether you have federal or private student loans, you cannot get rid of them in bankruptcy – unless you meet the undue hardship exception, and very, very few people do.

If you are having difficulty repaying student loans, your best bet might be to negotiate with the lender to get a better payment plan. Indeed, federal and private lenders alike offer forbearances, deferments, and other options which may bake it easier for you to repay your student loans.

Baland Law Office, P.L.L.C. represents consumer and small business debtors in both Chapter 7 and Chapter 13 bankruptcy proceedings. Please note that only individual debtors can file for Chapter 13 bankruptcy relief, not businesses.  I can also help student loan debtors negotiate with the federal Department of Education and other lenders.  Please call (763) 450-9494 to schedule an appointment to discuss your situation today, find out what your options are, and whether declaring bankruptcy is the right choice for you!

DISCLAIMER: Baland Law Office, P.L.L.C. is a debt-relief agency, and Timothy H. Baland, Esq. is a debt-relief agent.  We help people like you to obtain bankruptcy relief.

WARNING: The information contained in this article does not constitute legal advice and may not be applicable to your situation.  Reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C.  You should always discuss your situation with an attorney before taking any action based on what you may read in this blog.  To that end, please call (763) 450-9494 to set up an appointment to discuss your situation.
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<![CDATA[Do You Need to Probate a Will?]]>Thu, 14 Dec 2017 21:22:09 GMThttp://balandlaw.com/blog/you-need-to-probate-a-will

I am often asked to answer the question, "Do You Need to Probate a Will?" Simply put, probate is the legal process for a personal representative to carry out the decedent's wishes as expressed in the decedent's Will. Basically, through the probate process, the personal representative is getting a judge to order how the assets of the estate – the property that the decedent leaves behind – is distributed.

When a loved one dies, the survivors often wonder if the property that the decedent left behind needs to go through probate.  The answer depends on what sort of property needs to be transferred, and how it is titled.  Property can be either probate or nonprobate in nature. Probate assets require a judge to order that ownership of the property be transferred from the decedent to someone else. Nonprobate assets are automatically transferred from the decedent to someone else when the decedent dies.

That is a fairly technical definition, and an example or two will be worth 1000 words. A probate asset would be something that is titled exclusively in the decedent's name, and does not have a beneficiary designation or another method of transferring ownership when the decedent dies.

For example, if the decedent owns a car outright, and no one else is listed on the title, that would be an example of a probate asset – you will need a judge to order that ownership of the motor vehicle be transferred from the decedent to someone else. Another example of a probate asset might be if a decedent owned real estate and was the only person on the title – and a TODD or another method of automatically transferring the title had not been recorded. Still another example of a probate asset might be life insurance or an IRA without a beneficiary designation.

Still, there are other methods besides starting a probate to transfer ownership of an asset from the decedent to someone else. You might fill out a form at the DMV to transfer title for a motor vehicle, or prepare an Affidavit of Collection of Personal Property.​  Your best bet is to consult with an attorney about your options for transferring ownership.

Estate planning is what you do now, while you are still alive, to avoid or at least minimize the necessity of probate to transfer ownership of your property. An attorney can help you with your estate planning, and make sure that what you want to happen with your property actually happens.​

​The best way to determine i
f you need to prorate a will is to call a probate attorney.. To that end, I invite you to give me a call at 763-450-9494 to discuss your specific situation. Everybody who calls gets a free 5 minute mini telephone consultation. An in person meeting is $295, and that amount is credited to your account when you retained me to represent you in probating a Will..

WARNING: The information contained in this article does not constitute legal advice and may not be applicable to your situation.  Tim is licensed to practice law only in the state and federal courts of Minnesota, and the advice that he gives is applicable to that jurisdiction only. Further, reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C.  You should always discuss your situation with an attorney before taking any action based on what you may read in this blog.  To that end, please call (763) 450-9494 to set up an appointment to discuss your situation.
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<![CDATA[Should Macalester College Evict Common Good Books?]]>Wed, 06 Dec 2017 15:39:42 GMThttp://balandlaw.com/blog/should-macalester-college-evict-common-good-books
Should Macalester College evict Common Good Books and Garrison Keillor from its property? After all, the college owns the property leased by the bookstore, is the landlord, and might not like that Keillor is alleged to have committed sexual misconduct.

The short answer is that whether the bookstore can be evicted depends on the nature of the lease, what is in the lease, and what the landlord wants to have happen. If Macalester College just wants to get rid of the bookstore, then I would look for lease violations (such as nonpayment of rent) that would justify bringing an eviction now. However, if the college wants the bookstore gone, but is fine with the bookstore staying until the end of its lease, then I would probably give whatever notice is required that the college/landlord does not intend to renew the lease.

The lease might prohibit a signatory (in this case, Keillor) from engaging in sexual misconduct. If so, Macalester College might be able to bring an eviction based on the allegations against Keillor – especially because Keillor has already admitted the substance of those allegations.

If the lease is month to month (and most commercial leases are not), then the simplest course of action might be to give Common Good Books the requisite notice under the lease to move out. The lease is not a public document, and I do not know if it requires notice to be given one full rental period in advance, a 60-day notice, or what.

Macalester College might choose not to renew the lease. Most leases, especially commercial leases, are for a period of time and have a definite ending date. The college would probably be required to give Common Good Books notice – whatever notice is required by the lease – of its intent not to renew. If the bookstore remained in the property after the expiration of the lease without the permission of the landlord, then the college/landlord could bring an eviction based on "holding over" on real property. In other words, the tenant remains in the property past the time when it is leased to the tenant.

Of course, Macalester College might be fine with having a bookstore and its property. In that case, the college might choose to do nothing, or to renew the lease.

Every landlord – tenant situation is unique, and I recommend that landlords talk to an attorney experienced in evictions and landlord tenant law before taking action based on this blog post.  To that end, I invite landlords to give me a call at 763-450-9494 to discuss their unique situation. The first thing I will ask you is what you want to have happen because, ultimately, the landlord is in control. I have represented many landlords, but typically do not represent tenants.

WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation.  Tim is licensed to practice law only in Minnesota, and the information contained in this blog post may not apply to jurisdictions outside of Minnesota.  Further, reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C.  You should always discuss your situation with an attorney before taking any action based on what you may read in this blog.  To that end, please call (763) 450-9494 to set up an appointment to discuss your situation.
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<![CDATA[When Should a Landlord Evict a Tenant?]]>Thu, 21 Sep 2017 14:11:23 GMThttp://balandlaw.com/blog/when-should-a-landlord-evict-a-tenant2065027
​I am often asked when a landlord should evict a tenant. The short answer is that the landlord can bring an eviction as soon as the tenant violates the lease, either by not paying rent or by violating some other term of the lease (staying apartment past the lease and date [the technical term is "holding over"], illegal activity, etc.). Regardless of the reason or reasons the landlord is bringing an eviction, the landlord will be well served to have everything carefully documented in writing.

As it seems there is with everything in the law, there are two exceptions. First, if the landlord is a mobile home park, then special rules apply. Please see my blog post on how a mobile home park eviction differs from a regular eviction. Here is a link to that post:

http://balandlaw.com/blog/what-is-different-about-a-manufactured-home-eviction

Second, if the landlord has accepted rent – even a partial payment – after the date of a violation, that gives the tenant a defense to an eviction, unless the landlord has certain "magic language" in the lease to the effect that the landlord does not waive the right to evict after accepting a partial payment. Here is the "magic language" from the statute:

the parties agree that partial payment of rent in arrears which is accepted by the landlord prior to issuance of the order granting restitution of the premises pursuant to section 504B.345 may be applied to the balance due and does not waive the landlord's action to recover possession of the premises for nonpayment of rent.

Minn. Stat. 504B.291, subd. 1(c).


Whenever I represent a landlord, the first thing I ask is what the landlord wants to have happen. Is the landlord okay with having the tenant pay up and stay, and if so – how much time will the landlord give the tenant to pay?  Perhaps the landlord just wants the tenant to move out. If the eviction has been brought for no other reason then nonpayment of rent, then the tenant has the right to "pay and stay." In other words, if there is no other reason in the complaint to evict other than the nonpayment of rent, then the tenant has the right to stay in the apartment by paying the unpaid rent. The judge can give the tenant up to seven days to do so, especially if the tenant has young children or an obvious physical or mental disability.

Once the landlord files an eviction, for whatever reason or reasons, the Court Administrator will schedule a hearing on that eviction within two weeks. The landlord is responsible for serving the tenant with notice of the eviction at lease seven days prior to the hearing and file proof of service with the Court Administrator.

At the hearing, one of four things can happen:

1. The tenant does not show up and the landlord wins by default;

2. The tenant shows up and the parties – the landlord and the tenant – are able to reach a settlement agreement. Most settlement agreements either involve the tenant paying a set amount of money according to a payment schedule or moving out by a certain date. If the tenant does not meet the requirements of the settlement agreement, then the landlord can get a writ of recovery – the order for the Sheriff to remove the tenant from the property;

3. The tenant shows up, but the parties are unable to reach a settlement agreement. In this case, if the tenant admits the allegations in the complaint, the judge will issue a writ, but can stay that writ for up to seven days; and

4. The tenant requests a trial. If the lease has been brought for unpaid rent alone, and there are no other allegations in the complaint other than unpaid rent, AND the tenant says that the reason they have not been paying rent is the condition of the premises, then the judge can require the tenant to deposit the amount of unpaid rent with the Court Administrator before getting a trial.

If the eviction has been brought for both unpaid rent and for some other reason, then the tenant does not have to pay rent into court to get a trial.

Every landlord – tenant situation is unique, and I recommend that landlords talk to an attorney experienced in evictions and landlord tenant law before taking action based on this blog post.  To that end, I invite landlords to give me a call at 763-450-9494 to discuss their unique situation. The first thing I will ask you is what you want to have happen because, ultimately, the landlord is in control. I have represented many landlords, but typically do not represent tenants.

WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation.  Tim is licensed to practice law only in Minnesota, and the information contained in this blog post may not apply to jurisdictions outside of Minnesota.  Further, reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C.  You should always discuss your situation with an attorney before taking any action based on what you may read in this blog.  To that end, please call (763) 450-9494 to set up an appointment to discuss your situation.
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<![CDATA[What Does a Landlord Need to Know about Administrative Search Warrants?]]>Fri, 28 Jul 2017 19:24:21 GMThttp://balandlaw.com/blog/what-does-a-landlord-need-to-know-about-administrative-search-warrants
In a recent case, the Minnesota Supreme Court determined that the Minnesota Constitution does not require a higher standard of probable cause for an administrative search warrant than the federal Constitution. Under federal law, an application for a search "satisfies the probable cause requirement in the Fourth Amendment to the United States Constitution 'if reasonable legislative or administrative standards for conducting an area inspection are satisfied with respect to a particular dwelling.'"  ​In re: Application for a Search Warrant, City of Golden Valley v. Jason Wiebesick et. al., ___ N.W.2d ___, A15-1795 (Minn. 2017), citing Camara v. Mun. Court, 387 U.S. 523, 538 (1967).

In other words, the city has to have a "reasonable legislative or administrative standard for conducting an area inspection." Unlike a criminal search warrant, the city does not have to have probable cause that a particular item or "instrumentality" of a crime will be found either on a particular person or in a particular location - they just need a reasonable purpose.. if a city ordinance says that, in order to get an inspection, the city has to inspect the property to make sure it is up to code, that is good enough for an administrative search warrant.

In Golden Valley, the Minnesota Supreme Court set out the requirements for a city to obtain an administrative search warrant:

Administrative search warrants must

1. be supported by probable cause; not individualized suspicion but “reasonable legislative or administrative standards for conducting an area inspection.” Camara, 387 U.S. at 538.

2. must identify the particular place to be inspected and must be “suitably restricted.” Id. at 539-40.

3. In the absence of a citizen complaint or a need for immediate entry, they must be issued only after entry is refused. Id.

4. are issued by neutral judicial officers, who must ensure that there is authority for the inspection, that reasonable standards exist, and that the inspection is not arbitrary. See Marshall v. Barlow’s, Inc., 436 U.S. 307, 323 (1978).

5. an administrative search warrant . . . does not authorize “a general, exploratory rummaging in a person’s belongings.” Coolidge v. New Hampshire, 403 U.S. 443, 467 (1971).

Further, the Minnesota Supreme Court cautioned that:"to protect tenants’ privacy interests, administrative search warrant procedures must include notice, an opportunity to be heard, and judicial consideration of reasonable restrictions on the inspection."  Golden Valley, A15-1795.

But enough of this legal mumbo-jumbo – what does the decision in Golden Valley mean for landlords? In Golden Valley, the landlords did not consent to the search of their rental property because the city lacked "individualized suspicion" of a violation of the housing code. However, Golden Valley stands for the proposition that, so long as the city has a reasonable purpose – to ensure public health, welfare, and safety – in searching the rental property, the landlords' opposition to the search warrant application will be denied.

As such, I would probably not oppose an application for an administrative search warrant unless I had a very, very good reason for my opposition.

Every landlord – tenant situation is unique, and I recommend that landlords talk to an attorney experienced in evictions and landlord tenant law before taking action based on this blog post.  To that end, I invite landlords to give me a call at 763-450-9494 to discuss their unique situation. The first thing I will ask you is what you want to have happen because, ultimately, the landlord is in control. I have represented many landlords, but typically do not represent tenants.

WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation.  Tim is licensed to practice law only in Minnesota, and the information contained in this blog post may not apply to jurisdictions outside of Minnesota.  Further, reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C.  You should always discuss your situation with an attorney before taking any action based on what you may read in this blog.  To that end, please call (763) 450-9494 to set up an appointment to discuss your situation.
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<![CDATA[Do You Need a Estate Plan If You Are a Millennial with Kids?]]>Wed, 26 Jul 2017 14:26:43 GMThttp://balandlaw.com/blog/do-you-need-a-estate-plan-if-you-are-a-millennial-with-kids
The short answer is yes.

If you are a millennial – that is, someone who was born around the year 2000 – and you have kids, you should definitely have an estate plan, especially for your children. If you cannot remember a time without email (at one point, email and the Internet did not even exist), then you probably belong to the Millennial generation, sometimes called Generation Y.

When you are in your 20s and 30s, it is difficult to think about setting up an estate plan, but – if you have kids – it is something you need to do. Why? Because, in addition to taking care of your worldly goods after you die, you can appoint someone – a friend or relative whom you trust – to take care of your children.

A n estate plan consists of a Will, a health care directive, and a power of attorney. The Will controls what happens to your property after your death; the health care directive appoints someone who you know and trust to be your healthcare agent in the event that you are incapacitated and unable to make decisions related to your medical care and treatment by yourself; and the power of attorney appoint someone you know and trust to make decisions and carry on your financial affairs in the event that you are unable to do so on your own.

Sometimes, you need a trust as well, especially if you have a lot of wealth to manage or if you have a child with special needs. However, for most millennials, I do not think that the trust would be appropriate. I have written about trusts and whether you need one before. Here is a link to the article:

balandlaw.com/blog/do-i-need-a-trust

The best way to determine what is right for you is to meet with an estate planning attorney. To that end, I invite you to give me a call at 763-450-9494 to discuss your specific situation. Everybody who calls gets a free 5 minute mini telephone consultation. An in person meeting is $250, and that amount is credited to your account when you retained me to represent you in drafting your Will, healthcare advance directive, power of attorney, and other estate planning documents.

WARNING: The information contained in this article does not constitute legal advice and may not be applicable to your situation.  Tim is licensed to practice law only in the state and federal courts of Minnesota, and the advice that he gives is applicable to that jurisdiction only. Further, reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C.  You should always discuss your situation with an attorney before taking any action based on what you may read in this blog.  To that end, please call (763) 450-9494 to set up an appointment to discuss your situation.
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<![CDATA[Tim Teaches Free CLE/Seminar on Evictions, Abandoned Tenant Property, Security Deposits, and Landlord-Tenant Law]]>Wed, 28 Jun 2017 21:35:03 GMThttp://balandlaw.com/blog/tim-teaches-free-cleseminar-on-evictions-abandoned-tenant-property-and-landlord-tenant-law
Tim is teaching a free CLE/seminar on evictions, abandoned tenant property, and landlord-tenant law. The seminar will be held on Friday, July 21, 2017 at 9 AM at Tim's office, 2140 4th Avenue, Anoka Minnesota 55303. The seminar will last about one hour.

From the description:

In this FREE seminar, we will cover the legal aspects of the landlord-tenant relationship, including how to handle evictions, security deposits, and tenant property remaining in the premises after the tenant moves out.  This seminar is geared for landlords, property managers, and attorneys who represent them.  ATTORNEYS: One standard CLE credit has been applied for.

Space is limited, so advance registration is required. For more information and to register, please visit:

https://www.eventbrite.com/e/what-every-landlord-needs-to-know-about-evictions-security-deposits-abandoned-tenant-property-and-tickets-35771004036

Please call Tim at 763-450-9494 if you have any questions.

Thanks!
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<![CDATA[What Should You Do If a Contract Vendee under a Contract for Deed Does Not Move Out After You Cancel the Contract?]]>Fri, 19 May 2017 13:56:17 GMThttp://balandlaw.com/blog/what-should-you-do-if-a-contract-vendee-under-a-contract-for-deed-does-not-move-out-after-you-cancel-the-contract
What do you do if you have sold real estate someone (the contract vendee) under a contract for deed who refuses to move out or pay up after you cancel the contract. In a contract for deed, the seller (vendor) provides financing to the buyer (vendee), but the vendor retains legal title and legal ownership of the property, but the vendee has equitable title – the right to occupy and be in the property.  Typically, the vendee seems trustworthy and solvent when you sign the contract, but then does not make payments due under the contract for whatever reason – loss of job, medical emergency, or some other reason.

The question becomes what do you do if a contract vendee is not making the payments due under the contract? The short answer is that the vendor has to cancel the contract for deed. There is a statutory notice of cancellation that gives the vendee 60 days to pay up, but the next question is what happens after those 60 days are up and the vendee has not paid up or moved out?

The contract vendor has to bring an eviction action against the contract vendee to remove the contract vendee from the property. Basically, the eviction complaint says just that – that the vendee is still on the property after 60 days from the date of cancellation.

After you file and serve the eviction, a hearing will be scheduled within 2 weeks. It is your responsibility as contract vendor to have the eviction served within one week of the date of the hearing. At the hearing, one of 4 things will occur:

1. The vendee does not show up, and you win by "default." In other words, you win because the vendee did not appear. In that case, the judge will issue a Writ of Recovery of the premises, which is an order of the court for the Sheriff to remove the vendee from the property.

2. 
The vendee does show up, and you are able to work out some sort of agreement – typically whereby the vendee either agrees to pay everything that they owe on an acceptable schedule to you or the vendee agrees to move out by a certain date that is acceptable to you.

3. The vendee does show up, and you are not able to work out any kind of agreement. In that case, you will appear before a judge. If the vendee admits that they were given proper notice and are still in the property, the judge will issue an order kicking them out (the writ of recovery). The judge has the authority to stay the writ of recovery for up to 7 days if there is a finding of substantial hardship – typically minor children or an obvious physical or mental disability. In practice, most judges will stay the writ for 7 days, although that varies from county to county.

4. The vendee shows up and asks for a trial on the validity of your cancellation. Basically, the vendee would argue (and would have to prove) that the notice you gave did not meet with the requirements of the statute authorizing you to cancel the contract for deed.

I generally advise clients not to enter into contracts for deed. What do you do if you have sold real estate someone (the contract vendee) under a contract for deed who refuses to move out or pay up after you cancel the contract. In a contract for deed, the seller (vendor) provides financing to the buyer (vendee), but the vendor retains legal title and legal ownership of the property, but the vendee has equitable title - the right to occupy and be in the property.  Typically, the vendee seems trustworthy and solvent when you sign the contract, but then does not make payments due under the contract for whatever reason - loss of job, medical emergency, or some other reason.

The question becomes what do you do if a contract vendee is not making the payments due under the contract? The short answer is that the vendor has to cancel the contract for deed. There is a statutory notice of cancellation that gives the vendee 60 days to pay up, but the next question is what happens after those 60 days are up and the vendee has not paid up or moved out?

The contract vendor has to bring an eviction action against the contract vendee to remove the contract vendee from the property. Basically, the eviction complaint says just that - that the vendee is still on the property after 60 days from the date of cancellation.In other words, the vendee is "holding over" on real property and can be evicted for that.

After you file and serve the eviction, a hearing will be scheduled within 2 weeks. It is your responsibility as contract vendor to have the eviction served within one week of the date of the hearing. At the hearing, one of 4 things will occur:

1. The vendee does not show up, and you win by "default." In other words, you win because the vendee did not appear. In that case, the judge will issue a Writ of Recovery of the premises, which is an order of the court for the Sheriff to remove the vendee from the property.

2. The vendee does show up, and you are able to work out some sort of agreement – typically whereby the vendee either agrees to pay everything that they owe on an acceptable schedule to you or the vendee agrees to move out by a certain date that is acceptable to you.

3. The vendee does show up, and you are not able to work out any kind of agreement. In that case, you will appear before a judge. If the vendee admits that they were given proper notice and are still in the property, the judge will issue an order kicking them out (the writ of recovery). The judge has the authority to stay the writ of recovery for up to 7 days if there is a finding of substantial hardship – typically minor children or an obvious physical or mental disability. In practice, most judges will stay the writ for 7 days, although that varies from county to county.

4. The vendee shows up and asks for a trial on the validity of your cancellation. Basically, the vendee would argue (and would have to prove) that the notice you gave did not meet with the requirements of the statute authorizing you to cancel the contract for deed.

I generally advise clients not to enter into contracts for deed. If the potential buyer is unable to obtain financing from a third-party such as a bank, credit union, or other mortgage provider, there is probably a good reason why they were unable to obtain such financing. You are not a lender – rather, you are a seller.  You should not provide financing to a potential buyer who cannot obtain financing from a third-party lender.

However, there are some circumstances when it makes sense to enter into a contract for deed. I would recommend that you vet any potential contract for deed vendee to make sure they have a long employment history and solid credit score. If you are going to provide the financing, you want as little risk as possible.

If you have a contract for deed vendee who is not making payments, or if you have canceled a contract for deed according to statute but the vendee is still in the property, then I recommend that landlords talk to an attorney experienced in evictions before taking action based on this blog post.  To that end, you should give me a call at 763-450-9494 to discuss your situation. The first thing I will ask you is what you want to have happen because, ultimately, the you are in control..

WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation.  Tim is licensed to practice law only in Minnesota, and the information contained in this blog post may not apply to jurisdictions outside of Minnesota.  Further, reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C.  You should always discuss your situation with an attorney before taking any action based on what you may read in this blog.  To that end, please call (763) 450-9494 to set up an appointment to discuss your situation.


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