Relief from say/timeline question

[xxfreyaxx]

Hi everyone,
I am awaiting discharge in a non-asset Ch. 7 (81 days in; guess the Los Angeles courts are pretty backed up!) and our mortgage company has a hearing for relief of stay scheduled for Dec. 3. They also have the auction set for Dec. 10. This is all fine, we're surrendering the house, luckily have found a great place to rent, and are moving this weekend.

However, my bk attorney just informed me that as of the hearing date (assuming relief will be granted), the bank can come and change the locks that day.

Given everything I've read on these boards about the length of time the foreclosure process usually takes, I was a bit surprised to hear that they could act so soon. Is my attorney just being overly cautious? We probably will have everything out by the 3rd, but if we have a little more time it would be easier. Does anyone know the timeline in California?
Thanks in advance!

[liboton21]

How late are you in your mortgage? Who is the lender/servicer? Did you received any notice of default?

In California, lenders typically do not file a Notice of Default until the borrower is at least 60 days behind in making payments. Lenders must then wait 90 days. During that 90-day period, the borrower has the right to make up the back payments and reinstate the loan. After 90 days, the lender is required to publish a notice in the newspaper for 20 days and then may sell the property to the highest acceptable bidder on the courthouse steps. If no acceptable bid is received, the trustee then conveys the property to the lender.

Or you can go to NACA so they can postpone the foreclosure.

[xxfreyaxx]

We've only made one payment in the past year. We were told not to by the lender while trying to work out a loan mod (which they then turned us down for, prompting the bankruptcy filing). I'm assuming at this point we're well beyond any need for a NOD, is that right? Especially since they have a sale date set for Dec. 10.

[liboton21]

Your best bet is go to NACA (https://www.naca.com/refinance/refinanceTenStep.jsp) then click sale/auction date but you must have member ID first. This will buy you time. I was at the NACA Save the Dream in Vegas and someone was able to get their house back after they are out of the property for six-months. I'm not saying it can happen to you but who knows, at least it will delay the foreclosure process.

[xxfreyaxx]

Thanks so much for the info. I'm not trying to keep the house, though, just trying to be as cognizant as possible of the timeline involved after the relief from stay is granted.