Federal Home Loan Mortgage Corp. v. Gary E. Mitchell

Minnesota case law summary by Attorney Richard Clem: foreclosure, eviction.

Federal Home Loan Mortgage Corp. v. Gary E. Mitchell. MN foreclosure, eviction

In this appeal from Scott County, the Minnesota Court of Appeals held:

  1. Holder of sheriff's certificate of sale suffers injury-in-fact when former owners of the property sold at the sheriff's sale remain in possession of the property after expiration of the redemption period, giving holder of sheriff's certificate of sale standing to bring an eviction action.
  2. Former owners remaining in possession of property after a foreclosure and sheriff's sale are not "tenants" within the meaning of Minn. Stat. 504B.121 in the absence of a lease agreement with new owner.
  3. A district court's discretion to grant a stay in an eviction action pending resolution of a related parallel civil action is only guided by Bjorklund v. Bjorklund Trucking, Inc., 753 N.W.2d 312 (Minn. App. 2008), review denied (Minn. Sept. 23, 2008), when the parallel action involves a claim of a breach of the agreement that gave the present possessor the right of possession.

The Court of Appeals affirmed the district court's grant of summary judgment of eviction and denying a stay of the foreclosure.

No. A14-1037 (Minn. Ct. App. Mar. 30, 2015)

Please see the original opinion for the court's exact language.


Richard P. Clem is an attorney and continuing legal education (CLE) provider in Minnesota. He has been in private practice in the Twin Cities for 25 years. He has a J.D., cum laude, from Hamline University School of Law in St. Paul and a B.A. in History from the University of Minnesota. His reported cases include: Asociacion Nacional de Pescadores a Pequena Escala o Artesanales de Colombia v. Dow Quimica de Colombia, 988 F.2d 559, rehearing denied, 5 F.3d 530 (5th Cir. 1993), cert. denied, 510 U.S. 1041 (1994); LaMott v. Apple Valley Health Care Center, 465 N.W.2d 585 (Minn. Ct. App. 1991); Abo el Ela v. State, 468 N.W.2d 580 (Minn. Ct. App. 1991).

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