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MN Redemption period and Fed Form B8

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    MN Redemption period and Fed Form B8

    I am filing Ch 7 pro se in Minnesota and need some help with Form B8: http://www.uscourts.gov/rules/BK_For...B_008_1208.pdf
    First some basic information. My house is in forclosure. Minnesota has a six month redemption period (provided the house has not been abandoned) after the Sheriff's sale where I can retain full use of the property and attempt to redeem it (pay off the balance of the mortgage(s)). My question regarding form B8 (Statement of Intention) is, "Do I check the boxes 'Retained' and 'Redeem the property' even if I may not be able to secure the necessary funds to pay off the balance of the mortgage?" I am concerned that if I check the box that says "Surrendered" instead of "Retained," I will loose my six month redemption period and have to move much sooner. Any help is greatly appreciated.

    #2
    We filed in January and marked surrendered as we were significantly underwater. We still have not received a Notice of Default from our lender, nor have they filed for relief from stay with the BK court.
    From my understanding your choice with the BK filing does not affect how the process works for foreclosure. The 6mo redemption period is law and unless the lender makes you an offer, or you choose to abandon the property before the 6mo is up you get your 6 month redemption period.

    I'm not a lawyer, but that is my understanding of the laws thus far and from a few things our BK attorney told us.

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      #3
      Neorecon, Thanks for the info! That was exactly what I was hoping to hear.

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