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

[helpme2010]

I may have an extra month after the chapter 13 strategy ends, when they set a new sell date which gives me I believe 30 days, then I guess the Sheriff comes a knockin??? Then it's 3 days and out the door??? I plan to be out well before this, but every day counts here.

[justbroke]

So you're saying that the Strategy was a Chapter 13.

[screentest]

Helpme, have you been in contact with OWB yet? Have you requested a loan modification packet yet or a 90 day delay(of sale) to try and list the home with a short sale agent? These are tactics I used for my in-laws who had Wells Fargo and they gave me an extension each time I asked for it. Wells Fargo would have delayed even longer if i had asked however we just got tired of waiting and let the Foreclosure happen.

I will be trying theses tactics on OWB as soon as they contact me as well to buy some time before I have to leave. We were current; however when we started the BK process and are now 5 months late.

ST

[helpme2010]

So you're saying that the Strategy was a Chapter 13.

YES!!! I am going to see him live any day now and will see if he has any other strategies for me. But I think this was the major one.

[helpme2010]

Helpme, have you been in contact with OWB yet? Have you requested a loan modification packet yet or a 90 day delay(of sale) to try and list the home with a short sale agent? These are tactics I used for my in-laws who had Wells Fargo and they gave me an extension each time I asked for it. Wells Fargo would have delayed even longer if i had asked however we just got tired of waiting and let the Foreclosure happen.

I will be trying theses tactics on OWB as soon as they contact me as well to buy some time before I have to leave. We were current; however when we started the BK process and are now 5 months late.

ST

screentest, thank you, I will bring this up with my attorney to see what he thinks or in what order to attempt this. I am willing to try anything. What is scary is that they only gave me a 2 week warning of the sale date.

[helpme2010]

screentest, I am wondering if this will work as well, since they already have the date set. If they were interested, do you think they may actually postpone the auction date?

[screentest]

We had sale dates as well so I just called the loss mitigation departments handling the foreclosure, told them we had applied for a loan mod and were waiting to hear a dispositon and they just noted the account and exteneded the sale date 30 days each time I asked. I don't know how OWB will be to deal with yet but nothing could hurt at this point. Also remember even after the trustee sale you will still have between 60 and 90 days to get moved out. The faster you can move the more cash for keys they will give you.
ST

[helpme2010]

We had sale dates as well so I just called the loss mitigation departments handling the foreclosure, told them we had applied for a loan mod and were waiting to hear a dispositon and they just noted the account and exteneded the sale date 30 days each time I asked. I don't know how OWB will be to deal with yet but nothing could hurt at this point. Also remember even after the trustee sale you will still have between 60 and 90 days to get moved out. The faster you can move the more cash for keys they will give you.
ST

screentest, should I call OWB directly and ask for the loss mitigation, or do I call the trustee corps directly?

Trustee corps has 2 numbers, one for sale information (which I guess is for buyers who want the foreclosure). The other number is for reinstatement / Payoff requests.

[screentest]

I would call OWB loss mitigation or foreclosure department tomorrow. Give them account info and ask for your options!!

[helpme2010]

I would call OWB loss mitigation or foreclosure department tomorrow. Give them account info and ask for your options!!

screentest, thank you so much. I am really rooting for you as well, especially since I relate to your situation so closely.

We are going to get through this, but first we are going to do a little fighting, instead of rolling over and taking the hits.

[dneil]

I am wondering.... if they can't do a mod, what about doing a forbearance? This was offered to us when my husband was unemployed.... they offered to put the payments that we were behind at the end of the loan.

At any rate, I wish you the best of luck. We lost a home to foreclosure about 5 years ago and it was a heart wrenching and difficult situation. We made it through, we still smile and we are now in a new home. Somehow, someway... things do work themselves out. I promise that much

[helpme2010]

I am wondering.... if they can't do a mod, what about doing a forbearance? This was offered to us when my husband was unemployed.... they offered to put the payments that we were behind at the end of the loan.

At any rate, I wish you the best of luck. We lost a home to foreclosure about 5 years ago and it was a heart wrenching and difficult situation. We made it through, we still smile and we are now in a new home. Somehow, someway... things do work themselves out. I promise that much

I actually did a forebearance plan, basically two 6 month loan mods, prior to filing BK. So I am taking everyones advice here and calling the mortgage company tomorrow.

OBVIOUSLY IF THEY AGREE I SHOULD HAVE THEM PUT THIS IN WRITING (AND WHAT MAIL IT TO ME???)

I wanted it in writing so I don't take their word and then find out they sold it at auction, then once it's sold at auction, I am guessing I am toast. I'm not even sure I could file a chapter 13 after its sold at auction???

So if I get some kind of delay like screentest says, I better get it in writing and soon, before the auction date.

[tobee43]

helpme....jb advise is excellent....and you need to do what you have to do. i know you have a lot on your plate now...but it's something you knew you were going to have to think about sooner or later...it's just the "sooner" came sooner.

you'll make it though this, i know yesterday was a bad day for you......BUT it's tomorrow!

[helpme2010]

This is not looking good. I called my mortgage company and they said its too late to do a loan mod or short sale. They won't extend the date. They want the full amount I owe to reinstate the loan, which is way too much money. They are telling me I can do a possible verbal loan mod whereby I have to show my financials and find friends or family that can verbally agree to pay the extra money I am short on my expenses for 6 months, so if unemployment leaves my financials $1,000 a month short, I would have a friend or family member kick in that amount.

But basically without paying the full amount or having a job, unemployment will not be considered income or enough income to them. They told me I should have done this over a month ago, but of course I was in the middle of bankruptcy then and I would have had to stop BK to do this.

I am thinking the chapter 13 is looking really good right now.

I am also going to call the sheriffs office or stop by the sheriffs office to find out exactly how much time I have for eviction.

[screentest]

Helpme,

In California the process for eviction takes at least 60 days after the judgment is ordered. It usually takes 30 days AFTER the final sale date before the new owner (bank)can get a court hearing date and complete the process. This is if you do not contest the eviction. If you contest the eviction you can again delay the eviction for a while.

Truly however it is always better to leave without having an eviction (unlawful detainer) on your credit record. If you have run out of delaying options then I would prepare to leave before the final unlawful detainer and eviction is ordered.

Start playing the cash for keys game and start looking at your options to move and rent. We were able to move my in-laws 2 weeks after their house was sold at auction and Wells Fargo gave us $4000.00 cash to do it. They also gave us lesser amounts the longer we needed to stay all the way up until 90 days after the sale date.

You still have options.

ST