To CitiMortgage: "The Minnesota Supreme Court is not kidding when it says that the foreclosure‐ by‐advertisement statutes must be strictly construed."
CitiMortgage was reminded by United States District Court Judge Patrick Schiltz today that: "The Minnesota Supreme Court is not kidding when it says that the foreclosure‐by‐advertisement statutes must be strictly construed." The full opinion is here: McGraw v. CitiMortgage, et al., 14-CV-142 (PJS-HB).
In declaring "that the foreclosure sale of plaintiff's property is null and void," Judge Schiltz reasoned that Minnesota law:
"...requires that the foreclosure‐advice notice 'must be in 14‐point boldface type' and that the title of the notice 'must be in 20‐point boldface type.' Citi concedes that the foreclosure‐advice notice that it served on McGraw violated these requirements. True, this error is trivial, and true, this error did not harm McGraw in any way. But that does not matter under the strict‐compliance standard. The foreclosure sale must be invalidated."
Judge Schiltz's footnote: "It is also true that there is no reason why Citi could not have complied with this requirement, which is crystal clear and easily met."
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