Posted on 05/26/2023 6:51:01 PM PDT by SeekAndFind
Does anyone know, can this be applied retroactively? This happened to my parents a few years back.
bttt
I’m at that place where I want to end policing as we know it. They have become the standing army the Founders warned us about.
Will the officials that did it be arrested now? Yeah, RIGHT!
Probably depends on how long ago it happened.
It also depends how much. It does not make a lot of difference if you have to pay lawyers more to recover, than you recover...
They often charge fines such as $250 a day demanding compliance on silly issues.
That this has to go to SCOTUS is sick.
The legal system totally sucks.
Mn. must be a scumbag Socialist State run by Marxist dems. I have been to Mn. several times and found the atmosphere of the people deplorable.
There may be a statute of limitations. You should consult one of the lawyers who represented Ms. Tyler.
"State law allows Minnesota counties to keep such windfalls at the expense of property owners like Geraldine. From 2014 to 2020, 1,200 Minnesotans lost their homes and all of the equity they had invested for debts that averaged 8% of the home’s value."LINK for the "1,200 Minnesotans lost their homes"
"For example, the State of Minnesota often sells tax-forfeited properties to the City of Minneapolis for as little as $1. Even then, the State and localities retained over $11.6 million in excess of the taxes owed in 772 homes examined in our study where sales price data was available.[4]The city then turned around and sold the properties to private investors-a gain not captured in the $11.6 million figure. Private investors then sold properties for market value-also getting a large cut of the homeowners’ savings."
I just read some details of the Eighth Circuit Court’s opinion in favor of the municipal government. Their decision is based on a more nuanced but very concrete legal analysis than a simple foreclosure.It seems that a government foreclosure process under Minnesota law is unique. There are many points during the foreclosure process when the property owner can intervene on his or her behalf to remedy their default - and they are even given an opportunity to pay off the debt under a 5 or 10 year period.
At one specific point in the process - after the debtor has refused to avail herself of any of these remedies - it ceases to be a “foreclosure” and effectively becomes a property abandonment process. The Minnesota statutes governing the abandonment process date back to the 1880s when it was apparently common for farmers to abandon their Minnesota farms and move west to the Dakota territories and settle on new land given to them under the Homestead Act. The property was considered abandoned because the Minnesota courts and government authorities had no recourse and no mechanism for even contacting these people.
In this case, the Federal courts simply ruled that the foreclosure/abandonment process was governed by Minnesota law. Importantly, the courts ruled that the sale of the condo was not a violation of the “Takings Clause” for a clear legal/technical reason - in that the debtor no longer had any ownership claim on the property after they passed the specific point in the Minnesota process where it went from a “foreclosure” to an “abandonment.”
The Legal System needs to be set up and biased on the side of the property owner. The Law could easily be written to favor the citizen over the State.
This current Minn. law is sick and needs to be reformed.
The Minn. Law is fascist.
They reasoned that once the county confiscated her title, she no longer owned the property and was not entitled to anything. This left Tyler on the hook for a $50,000 mortgage and $12,000 in condo fees.
If Tyler no longer had a title to the property then I don’t see how she would have owed any money to the bank or to the condo association. The mortgage and the condo fees are secured by liens on the property, so if she no longer owns the property then the new owner (the government) has effectively taken on the responsibility for those two liabilities. And if these ARE still in place, then the $50,000 mortgage and the $12,000 in condo fees would be paid out of the proceeds of the sale when the government sold it.
Under these circumstances, I don’t see how Tyler gets even a penny for her efforts in the case.
See my reply 12, above.
I think that the flaw, is that lawyers for, or who are, real estate property developers, play a game with the old Minnesota laws pertaining to this type of matter; and either, the lawyers are participants along with greedy government bureaucrats, or the lawyers know how to “influence” (sometimes read: coerce) government bureaucrats, to force the shift from foreclosure status to abandonment status . . . and thereby the lawyers “do well” but do not “do good.”
Based on the information reported in this article, it looks like the property was encumbered to the hilt and may have had negative equity after all the liens were satisfied. If that’s the case, then the plaintiff here really didn’t “own” anything.
I think you figured out exactly what’s going on there.
“Outlawing property taxes would be a good start.”
There’s a wealth tax/theft....
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.