Filed papers today received Notice of Default 1 week ago...now what

[tanmag]

Filed my Chapter 7 papers today with attorney. Received a Notice of Default for my house 3-29-10 taped to my front door. I was denied for HAMP after 9 months of pure misery and lies. I'm in default yet paid all their trial payments. They neglected to tell me if denied I would be put in default the very next day. I would have been better off paying no payments! So I'm wondering what will happen now. Does the foreclosure just keep moving right along or will it be on hold due to bk? I live in Nevada. Just trying to get a timeline of when I need to be out. Thanks :O)

Also what is the timeline on chapter 7 bk after going to the 341 meeting?They told me it would be about 6 weeks until I go to the 341 but I didn't remember to ask what came after that.

[jlmaca]

Filed my Chapter 7 papers today with attorney. Received a Notice of Default for my house 3-29-10 taped to my front door. I was denied for HAMP after 9 months of pure misery and lies. I'm in default yet paid all their trial payments. They neglected to tell me if denied I would be put in default the very next day. I would have been better off paying no payments! So I'm wondering what will happen now. Does the foreclosure just keep moving right along or will it be on hold due to bk? I live in Nevada. Just trying to get a timeline of when I need to be out. Thanks :O)

Also what is the timeline on chapter 7 bk after going to the 341 meeting?They told me it would be about 6 weeks until I go to the 341 but I didn't remember to ask what came after that.

You could be in for a long haul. By filing Chapter 7 you now have an automatic stay that prevents further foreclosure action. Now they may request a relief from stay and they probably will but that does not mean you will be thrown out soon. If I'm not mistaken Nevada has a 12 month redemption period after a sale, in which you can occupy the home. Also, when you are served foreclosure papers, be sure to answer the suit. That will also delay the process.

[liboton21]

JLmaca is right. The lender has to file MRFTS but it could be a long process since you just file BK7. Who is your lender? They cannot deny you HAMP after all the payments unless the bank have decided to foreclose since day one. They just want to get your money. Go to www.naca.com and homesave link (https://www.naca.com/refinance/refinanceTenStep.jsp) then they will try to get you a modified loan at your affordability or the very least between 32-38% of your gross income. You will have to get an authorization letter from your lawyer for NACA and the bank to work with you. There is also a Nevada licensed lawyer in this forum that can give you advice.

[AngelinaCatHub]

Due to the fact that the bank "fooled you" and took your money, when they attempt to lift your stay, you have reason to resist that stay. This could pressure the bank to work out your payments. I'm not sure if it would be better to continue those payments if you wish to keep your house, or if it would be good money after bad.

Also, the NV lawyer cannot give advice on this forum. He can give opinion only but not legal advice. I'm not sure who the NV lawyer is, we have MS lawyer here who is very helpful and a handful of other ones. But you cannot hold this a legal advice here. 'Hub

[liboton21]

Concur opinion not advice.

[tanmag]

Thank you for your replies. Aurora services our loan and they refuse to give me the name of the private lender. I have requested several times and they never mail it out. I checked with NACA after being denied and they said their success rate with Aurora is next to nothing. That they are the worst to work with. I had a counselor from HOPE and the very first question they asked Aurora is are they participating in HAMP and they said yes...when they denied me their reason was your private investor isn't participating in HAMP. Lies..lies...lies. This is all so nerve racking. Also does anyone know after the 341 meeting what is the timeline after that...forgot to ask my attorney when submitting my packet.Thanks!
Oh and one more thing I read somewhere that the foreclosure process varies depending on if your state is judicial or non judicial. I looked it up and Nevada is listed as both! Go figure...so what would this have to do with it and how can Nevada be both?

[catleg]

I think one of the differences is that in non-judicial foreclosure, you can't be pursued for a deficiency balance. They need to do judicial foreclosure to get that. Hopefully someone more knowledgeable will have more info.

[tanmag]

So any insight on how you can find out if it is a judicial or non-judicial foreclosure?
Also still hoping someone can give me some sort of timeline on BK after you go to your 341 meeting.

[jlmaca]

So any insight on how you can find out if it is a judicial or non-judicial foreclosure?
Also still hoping someone can give me some sort of timeline on BK after you go to your 341 meeting.

Ask your attorney about the foreclosure if anyone knows he/she should. As far as the timeline.. it depends on the type of foreclosure probably quicker if non-judicial and many months if judicial.