got served today foreclosure anyone know how long i have?

[B65]

My daughter is recovering from surgery, she was lying on the sofa as it happened.... The return date for the docs is by June 9th and I guess you have to file and appearance form to be notifed of everything and you have to download it on line, do i have to go and file this or can i mail it?

There is also a mediation paper but I want this over with quickly.... I called Wells and they offered me a loan mod while on the phone, dropped my payments by $90 a month! yeah ok no..... Ok so my question is if I have to send these back by June 9th.. they then have to schedule a hearing then a sale date? Do I at least have until June 27th do you think to move out? I am worried I will not have enough time and it will be too quick...

My house will have been on the market 90 days by July 7th so i could ask about a deed in lieu..I feel so scared and hope the rental I have found does not fall through..

anyone with any advice please chime in.....

[DeadManCrawling]

You can really delay this for a very very long time if you care to spend just a little time and maybe a little money.

I met with my attorney yesterday. We have not paid any mortgage since January, received acceleration, but no NOD yet.

Attorney thinks we may still be here 1-2 years from now, conservatively-3 years or more if all goes well or the lender isn't on top of their documentation. His plan looks and sounds reasonable.

If you wish to delay things, you need to answer them and dispute everything you can.

One method we may employ is to sue the lender for engaging in predatory lending practices and ask for a halt to the foreclosure process while that is sorted out. It may lead to nothing, but is one tool of dozens we came up with when we met with the attorney.

Demanding they produce the note and required documentation is a good one.

If you want to delay them, though, you must do SOMETHING. That will slow them down. They rely on default rulings and no resistance. If you put up any resistance the process can get very very slow for them.

Good luck

[flnybk]

You can really delay this for a very very long time if you care to spend just a little time and maybe a little money.

I met with my attorney yesterday. We have not paid any mortgage since January, received acceleration, but no NOD yet.

Attorney thinks we may still be here 1-2 years from now, conservatively-3 years or more if all goes well or the lender isn't on top of their documentation. His plan looks and sounds reasonable.

If you wish to delay things, you need to answer them and dispute everything you can.

One method we may employ is to sue the lender for engaging in predatory lending practices and ask for a halt to the foreclosure process while that is sorted out. It may lead to nothing, but is one tool of dozens we came up with when we met with the attorney.

Demanding they produce the note and required documentation is a good one.

If you want to delay them, though, you must do SOMETHING. That will slow them down. They rely on default rulings and no resistance. If you put up any resistance the process can get very very slow for them.

Good luck

are you in central florida? If so, care to email your lawyers name? We we definately a case of predatory lending case closed.

[dogbone33]

Yea our attorney told us the same thing about 2-3 years.. Whatever! We already got the warning they are going to let the sheriffs sell it and it has only been 5 months! Glad we found a house. I am not trying to scare you, I just no longer trust attorneys!

[Doghouse]

I received my NOD in Feb. Ninety days from that just passed last week. When CU got notice of my BK, they immediately filed to request lift from stay. Hearing is on May 26th. Wonder if I can show up in court and delay anything. Note, I have not paid mortgage since Oct 08 and also have a 2nd mortgage and HELOC thru same CU that has not been paid since Oct 08. Just want to stay here as long as possible.

[DeadManCrawling]

flnybk--I am on the west coast, tampa area. I don't know if the attorney can or would practice in central florida. PM me if you would like his info, but understand: The predatory lending suit will be only to stall things, and is not really expected to go anywhere. It WAS predatory, no question, but we have no illusions about proving the matter.


Dogbone--We are in month 7 in a couple weeks, and have not even been served anything related to foreclosure. It could happen any day, of course, but we are following our instincts and the plan we comprised with our attorney. I don't know how much you could afford to pay your attorney, but we have thrown a substantial amount at him and also presented him with case law for different scenarios, all designed to prolong the process. So far it looks good, but I will certainly update the board as we progress.

Doghouse--I would imagine there are ways to delay the matter. If you are pro se this could be beyond an average persons ability. But its worth trying. If you can get an attorney now would be the time, if you wish to delay things.

[MiSSMaGoo]

Does it have an auction date on it? My foreclosure paperwork I received in early Jan. it was dated December 29th and the auction date was April 29th.

[B65]

MissMaGoGo

Hi I think you were asking me about the paperwork right? No hearing date or auction date...when i called wells then said no sale date has been set yet....

Thanks B

[MiSSMaGoo]

Hi I think you were asking me about the paperwork right? No hearing date or auction date...when i called wells then said no sale date has been set yet....

Thanks B

well then I believe you have at least 3 months from whatever time you get the paperwork with an auction date. I was worried too at one point thinking someone will just show up at my door and tell me to get out but my lawyer said it's 3 months minimum from the NED. Did you get the paperwork stating a lawyer has taking over your house which is going into foreclosure and it says you can respond if you disagree within 30 days? If it is that then it probably wont even be another month until you receive a NED.

[AfraidOfBK]

i got a NOD in april and then an acceleration letter asking for me to pay the full amount last month. (Stopped paying in feb & mar on 1st and 2nd, no heloc)

I was told by Chase that once they start the foreclosure process (I would assume, once they let you know you will be foreclosed on) then it is usually 90 -120 days from then. So if I got a foreclosure letter tomorrow (which I wont because Chase is in moratorium for foreclosures right now...unknown as to when they will resume) I would safely be able to live in my home until August...Im in NV

Does this help? Does it sound about right for anyone who has gone through it already?

[DeadManCrawling]

Don't forget, you can extend this time by a very large number, just by answering them in court and asking for simple things, like proof they actually own the note. In a legal sense this will complicate matters for the lender to a huge degree and buy you time if you need it.

There are literally hundreds of stall tactics, and who knows, one of em may pay off for you.

There is more to it than a layperson can explain, but if you want more time, find a foreclosure or mortgage attorney to work on this. It can be relatively inexpensive, often times $1,500-$3,500 to really cause some havoc (and create a long delay).

If the thought of spending that money discourages you think of it this way:

If you spend $3,000 (or more) but are in the home for a year or two longer, that easily pays for itself (and then some, usually) by letting you avoid rent payments elsewhere.

[B65]

MissMaGoGo

We got that letter from the lawyer 2 weeks ago and papers served to us yesterday, hubby called the courts this morning they said if we do nothing it will take a couple of months more....
if we do the mediation and appearance and whatever else it could take 6 months or even ist week of jan...
to be honest that is not set in stone and we have found a great rental.. so I am now wondering to go the easy route and let them take it the quickest way ( not sure how we do that ;) because we are not sure if we want the stress hanging over us and maybe being given 6 more months but maybe not, who knows just because one clerk says it... well we know how that goes, it is hard to find rentals in our area and with the dogs,kids and bankruptcy even harder, our little one even stays in her school... so we may just plan to move out July 1st and put all this behind us,, we still socked away 5 months of mortgage so 15k for us. it is a very hard decision to make.....
thanks for all the great advice from everyone!!

[socalgal]

CA moratorium: which lenders filed their mod program & got 30 exemption?

Does anyone know how to check if a lender (Litton) has filed their 'modification program' with the state of California. [If they file it, they get an automatic 30 day reprieve from the 90 moratorium that CA put in place.]

Given that these CHUMPS at litton are not adhering to ANY of the requirements inacted by CA SB 1137, they are possibly just trying to ignore the moratorium TOO.

[1137 modified the state laws and it requires that they make more attempts to work with the 'owner' before they file. Then, if/when the DO file, they are to include information about the attempts they made to contact the owner and work something out.]

Litton has the bozo brigade working on trying to take my home.

[This is a story that started with the note at CW with an agreed MOD in their possession that had been verified as complete. Notice of note transfer caused me to question their processing. I was assured everything was fine. This went on on via numerous telephone conversations. Litton even reasured me they would honor the mod. BofA/CW never contacted me after that. Only when I called did I learn that they had not completed implementation of the behind-the-scenes processing. Litton informed me that noone with litton should have told me they would honor the mod. Litton immediately started pushing, denying the mod existed (but they used the date of the mod as the date of the NOTE in a letter to me!), and not allowing any new mod either (mistakenly claiming I make too much)]