Real Property

Title Searches for Short Sales

With the renewed interest in Short Sales, Wendy Haisley and Attorney Jeff Zweifel have participated in a number of Zoom meetings.  On one of these recent meetings, they discussed the importance of knowing what is on title when an agent is listing a short sale.  The posture of foreclosure and other liens and judgments could impact whether a short sale is possible for that property.

We recommend that agents obtain a title search, so the property can be evaluated for short sale suitability.  If your seller is represented by our office in the short sale we will obtain the title search.

If your agent’s seller is not represented by our office and the agent is obtaining a title search, we want to caution agents that if they receive a title search from a title office at no charge this may be a violation of RESPA.  Title offices generally charge a fee for a title search, so if the agent receives the title search at no charge that is a thing of value. The receipt of a thing of value by the real estate agent from a title office may be a RESPA violation (if the agent refers customers to close at the title office).

Essential Legal Services and the Stay at Home Order

Minnesota Governor Tim Walz’s Stay at Home order has been issued and will be taking effect on Friday, March 27, 2020 at 11:59 PM. Minnesotans are urged to Stay at Home and stop the spread of the coronavirus.

The staff and attorneys at Markve & Zweifel, PLLC will still be available to provide essential legal services, including but not limited to:

In order to comply with the Stay at Home order, while also ensuring our clients have their essential legal service needs met, we will be working remotely and facilitating consultations via telephone and video-conference as much as possible. In cases where an in-person meeting is necessary, we will take additional precautions to maintain a clean and safe environment for all parties involved.

If you need legal assistance during this Stay at Home period, do not hesitate to contact MZ Law.

Evictions During a Public Emergency

Minnesota Governor Tim Walz issued an executive order on March 23, 2020, prohibiting evictions and residential foreclosures for the duration of this peacetime emergency. Any actions that were previously commenced, seeking to recover residential premises after March 1, 2020, are now on hold. This means no evictions or residential foreclosures may be commenced until the Executive Order is rescinded.

Please note that this does not relieve a tenant’s obligation to pay rent. Tenants are still obligated to make timely rent payments and late fees may continue to be charged after 60 days. Additionally, Tenants are still obligated to maintain a safe living environment. If a Tenant seriously endangers the safety of other residents, or if they are conducting unlawful activities, they may still be evicted.

The full text of the Executive Order can be found here: https://www.leg.state.mn.us/archive/execorders/20-14.pdf

If you have any questions regarding this Executive Order, or other landlord-tenant matters you may be experiencing during this season contact our attorneys.

Attorneys Still at Work

What a week we’ve had here in Minnesota- our news cycle has replaced our ever interesting “spring” weather reports with covid counts, and our Minnesota Nice has taken an ever greater chill with small nods coming from a distance. Nonetheless, the team at Markve & Zweifel is still hard at work. As anxieties rise, do not hesitate to reach out with any questions regarding your estate plans, real property and small businesses. Our attorneys will do their best to provide advice, guidance, and a little humor to lighten the mood through e-mail, telephone and video conferences.

To schedule a meeting, head over to the Contact page and send a message, or give Cindy at a call at 763-450-1639.