Emergency help please - notice of trustee's sale - 2-1-11

[helpme2010]

Your favorite person on this board (or 2nd or 3rd) needs everyone's help ASAP!

I got a Notice of Trustee's Sale taped to my door this morning.

On 2-1-2011 the trustee corp as duly appointed substituted trustee under and pursuant to deed of trust... will sell at public auction to the highest bidder for cash.

They want to sell my house in 2 weeks. I briefly spoke to my attorney, who has a strategy which he estimates will stall this for at least 2 1/2 months or longer.

What strategies can I do to stall the foreclosure of my home?

I live in California.

[tobee43]

what???

maybe some of those living in california can tell you...i know california is primarily a non-judicial state. ( my understanding is that means in some cases the courts do get involved). hopefully someone that went through this may have some solid advise for you.

i'm so sorry to hear this happened to you today...i know how hard you have been looking for a job and it's been tough..

[scorpion35]

Your favorite person on this board (or 2nd or 3rd) needs everyone's help ASAP!

I got a Notice of Trustee's Sale taped to my door this morning.

On 2-1-2011 the trustee corp as duly appointed substituted trustee under and pursuant to deed of trust... will sell at public auction to the highest bidder for cash.

They want to sell my house in 2 weeks. I briefly spoke to my attorney, who has a strategy which he estimates will stall this for at least 2 1/2 months or longer.

What strategies can I do to stall the foreclosure of my home?

I live in California.

did u not know this was going to happen?
sorry that u are going thru all this

[helpme2010]

did not know this would happen nearly this quickly. I am just looking for some stalling strategies to help me until I find a job. It will be that much more difficult to find a new place to rent with a BK on my credit and no job. So anything I can do to buy me a few extra months or so will be extremely helpful.

I think the foreclosure timeline is:

30 days from the date of the sale until a sheriff knocks on your door telling you to get out within 3 days????

[scorpion35]

did not know this would happen nearly this quickly. I am just looking for some stalling strategies to help me until I find a job. It will be that much more difficult to find a new place to rent with a BK on my credit and no job. So anything I can do to buy me a few extra months or so will be extremely helpful.

I think the foreclosure timeline is:

30 days from the date of the sale until a sheriff knocks on your door telling you to get out within 3 days????

the only person that can help u is your attorney

[shark66]

Woh I feel for you. Pretty darn horrible...

Who's your mortgage holder?

What's your BK status, if any?

The best of luck to you.

[helpme2010]

Woh I feel for you. Pretty darn horrible...

Who's your mortgage holder?

What's your BK status, if any?

The best of luck to you.

Indymac/One West Bank.

My Chapter 7 discharged a few weeks ago.

Come on BK members, I know there has to be some good advice. I am sure I have read thousands of threads and found answers for this type of problem in a non-judicial state.

[shark66]

I wish I could be more helpful, but all my experiences are judicial-state related and wouldn't want to steer you in the wrong direction, that's the very last thing you need now.

If you can afford a foreclosure defense attorney, it's time to call one now.

I'm keeping my fingers crossed for you.

The best of luck.

[helpme2010]

I wish I could be more helpful, but all my experiences are judicial-state related and wouldn't want to steer you in the wrong direction, that's the very last thing you need now.

If you can afford a foreclosure defense attorney, it's time to call one now.

I'm keeping my fingers crossed for you.

The best of luck.

I will be visiting my attorney by the end of the week and he will give me a stall tactic which should buy me a couple months. I am still looking for any other ideas if anyone has any.

[scorpion35]

I will be visiting my attorney by the end of the week and he will give me a stall tactic which should buy me a couple months. I am still looking for any other ideas if anyone has any.

i say use the the next couple months wisely
maybe time to let go and move
sooner or later u will have to

[MarieT]

If you are trying to save your home you might check out this site - http://www.loansafe.org/forum/

[keepsmiling]

We have a recently formed County Task Force to help people buy time. See if there is one in your county?

[smoothdaddy]

May HHM, or DES can help you out.

[justbroke]

There is almost NOTHING, short of a Bankruptcy, that will stop a non-judicial foreclosure! They are cookie cutter. I'm assuming, since the sale date is just 2 weeks away, that all the notification has happened and this has already been before the clerk of the court.

A Chapter 13 could delay it, and this is probably what your attorney is thinking. Nice thing, or not so nice thing, is that the Chapter 13 would be off your credit report BEFORE your Chapter 7. However, this Chapter 13 would ONLY be a delay tactic since you have no intention of actually reorganizing or submitting a Plan of Reorganization to satisfy the arrears on the mortgage.

The only thing you could do is if there was an actual issue of ownership, but with Deeds of Trust, that is EXTREMELY difficult since it's the Trustee who holds the Note and Deed and who appoints a Substitute Trustee to execute the sale. Very very difficult, unless you somehow get an injunction and proceed to suing the Trustee.

This is way too late to be thinking of these types of strategies.

[helpme2010]

There is almost NOTHING, short of a Bankruptcy, that will stop a non-judicial foreclosure! They are cookie cutter. I'm assuming, since the sale date is just 2 weeks away, that all the notification has happened and this has already been before the clerk of the court.

A Chapter 13 could delay it, and this is probably what your attorney is thinking. Nice thing, or not so nice thing, is that the Chapter 13 would be off your credit report BEFORE your Chapter 7. However, this Chapter 13 would ONLY be a delay tactic since you have no intention of actually reorganizing or submitting a Plan of Reorganization to satisfy the arrears on the mortgage.

The only thing you could do is if there was an actual issue of ownership, but with Deeds of Trust, that is EXTREMELY difficult since it's the Trustee who holds the Note and Deed and who appoints a Substitute Trustee to execute the sale. Very very difficult, unless you somehow get an injunction and proceed to suing the Trustee.

This is way too late to be thinking of these types of strategies.

justbroke, you are extremely perceptive.

That is exactly what my attorney is going to do. It will cost me $1774 to file a 13, but he guarantees at least 2 1/2 months and says possibly longer. This is worth it to me as it will buy me that extra time I need. Now that I know the time table I am in for, I am really going to push myself hard to get this resolved.

I am grateful for all of you on this board, including those that PM'd me. You never know what one of us comes up with that can literally save some of our lives!!!

Thank you all very much