Subdivision 1. Scope.
For the purposes of sections
, the terms defined in
this section have the meanings given them.
Subd. 2. Foreclosed homeowner.
"Foreclosed homeowner" means an owner of residential
real property, including a condominium, that is the primary residence of the owner and whose
mortgage on the real property is or was in foreclosure.
Subd. 3. Foreclosure reconveyance.
"Foreclosure reconveyance" means a transaction
(1) the transfer of title to real property by a foreclosed homeowner during a foreclosure
proceeding, either by transfer of interest from the foreclosed homeowner or by creation of a
mortgage or other lien or encumbrance during the foreclosure process that allows the acquirer to
obtain title to the property by redeeming the property as a junior lienholder; and
(2) the subsequent conveyance, or promise of a subsequent conveyance, of an interest back
to the foreclosed homeowner by the acquirer or a person acting in participation with the acquirer
that allows the foreclosed homeowner to possess either the residence in foreclosure or other real
property, which interest includes, but is not limited to, an interest in a contract for deed, purchase
agreement, option to purchase, or lease.
Subd. 4. Foreclosure purchaser.
"Foreclosure purchaser" means a person that has acted as
the acquirer in a foreclosure reconveyance. Foreclosure purchaser also includes a person that has
acted in joint venture or joint enterprise with one or more acquirers in a foreclosure reconveyance.
A foreclosure purchaser does not include: (i) a natural person who shows that the natural person
is not in the business of foreclosure purchasing and has a prior personal relationship with the
foreclosed homeowner, or (ii) a federal or state chartered bank, savings bank, thrift, or credit union.
Subd. 5. Resale.
"Resale" means a bona fide market sale of the property subject to the
foreclosure reconveyance by the foreclosure purchaser to an unaffiliated third party.
Subd. 6. Resale price.
"Resale price" means the gross sale price of the property on resale.
Subd. 7. Residence in foreclosure.
"Residence in foreclosure" means residential real
property consisting of one to four family dwelling units, one of which the owner occupies as
the owner's principal place of residence, where there is a delinquency or default on any loan
payment or debt secured by or attached to the residential real property, including, but not limited
to, contract for deed payments.
History: 2004 c 263 s 10; 2007 c 106 s 4-6
This section, as added by Laws 2004, chapter 263, section 10, expires December
31, 2009. Laws 2004, chapter 263, section 26.