Timeline Graphic - potential sticky?

[wingnut]

Hello,

Although this graphic certainly doesn't describe all states, I think it is helpful in illustrating the overall process:



I tried uploading this, but apparently it is over limit.

My understanding is that if your state's preforeclosure period is 90 days, this timeline is accurate. If not, simply change the time between Notice of Default and Notice of Sale to the appropriate preforeclosure time. Also, the time between notice of sale and sale may differ as well.

Best of Luck to All !!!!!

Wingnut

[SinkingFast]

Good timeline graphic, Wing.

There is a step in there that people need to know to expect.

Sometime after you miss your 2nd payment, you'll get a letter. It's a notice of Default and Acceleration. That's a "Pay Up or Else" warning letter. Generally you get 30 days before the serious stuff starts.

If you're in a Non Judicial State, where the mortgage Instrument contains a "Right of Sale" clause, the Lender can begin Foreclosure after the end of the Default and Acceleration period.

If you're in a Judicial State, things can move slower.

Odd, but I really hate knowing all this stuff!

Maybe next time.

[wingnut]

Additional info regarding Judicial states

Hello,

Due to an error in the mortgagor's foreclosure filing, I disputed the filing. It is my understanding that ANY foreclosure can be disputed. After this is done, it is up to a judge to determine if the foreclosure is valid.

Well, this can take quite a while apparently. Here's the basic timeline:

1 - Foreclosure filed / requested by mortgagor. Going by the chart, this is during the "PRE-LEIN" stage

2 - Served in approx 2 weeks. You typically have 20 - 30 days to respond, after service.

3 - Mortgagee disputes foreclosure request, for reasons valid or invalid, to be determined later. IF NOT DIPUTED, FORECLOSURE ENSUES AND YOU HAVE USUALLY 90 DAYS UNTIL SALE / ETC. This timeline usually begins the day of the deadline to dispute, aka the end of the LEIN stage

4 - The ball is then in the mortgagor's court. They have basically an unlimited (?- months, years?) time to respond to your dispute. This typically occurs in a "REQUEST FOR SUMMARY JUDGMENT". In this, the mortgagor spells out their reasoning as to why their filing was valid. Basically, if you disputed the foreclosure because your favorite color is blue, they have to explain in extensive legalese why your favorite color is not relevant to the foreclosure / etc. My mortgagor took MONTHS to compose / file their request.

5 - A notice is sent out by the court, typically for an "ORDER SETTING AND DOCUMENT HEARING". This is usually scheduled for 30 - 60 days after the REQUEST FOR SUMMARY JUDGEMENT. In it, it states that both parties have until ~ 20 days before the hearing to submit any additional materials or statements. Since this is a "Document hearing", human representatives of the parties don't show up. The judge just examines the papers.

6 - IF THAT HEARING IS KEPT, the judge either deems the mortgagor's filing valid, or he/she throws it out of court. If the foreclosure is deemed valid, the 90 day preforeclosure period begins AFTER the judge rules. FURTHERMORE - I don't know if it is because the system is swamped or what, but my DOCUMENT HEARING was scheduled over 7 weeks ago! I check with the clerks at the county once every week or two. They still state that no judgement has been made on that case yet. Therefore, my preforeclosure period has yet to begin, and I'm still in limbo. Also, they always tell me that I will be served with the results / etc. once they occur, since that's SOP for foreclosures / etc.


So basically, if you live in a Judical foreclosure state, and you'd like some extra time to save money for your move / etc., try to find a typo in their foreclosure filing. Fortunately for me, there really was a typo in mine. However, as I mentioned before, an invalid dispute is always that; regardless of how ridiculous.

Either way, the dispute process alone will get you at least 30 - 60 more days after the original start date, the time between the REQUEST FOR SUMMARY JUDGEMENT and ORDER SETTING AND DOCUMENT HEARING. But bear in mind, it took months for the mortgagor here to file the request, and weeks for the court to give the 60 day notice. Even crazier, they didn't keep the hearing date, and it has been 60+ days since it was scheduled. Since there was a legitimate typo, maybe they're trying to figure out if the mortgagor has to refile entirely, or just modify the affidavit within the filing to be correct. However, affidavits are supposed to be TRUE, so the idea of modifying one suggests that it was not entirely true, right?

BLAH BLAH BLAH. Bottom line, if you want more time, simply file a document PRO SE (for self, aka, no lawyer) and the process begins. Even if the system weren't flooded, you'd still be gaining months. I think that my case here demonstrates quite well that the system is inundated right now, because over 6 months have now passed since the mortgagor's filing. Until a judge rules it valid, my preforeclosure period doesn't begin.

This is all in Indiana, which is of course a judicial foreclosure state.

BEST OF LUCK,

WINGNUT

PS: I AM NOT A LAWYER. I DON'T EVEN PLAY ONE ON TELEVISION.

[TEW]

Great post wingnut
I live in a Judicial foreclosures state how long I wonder does it take before they make me leave.
I think can wait the 60 days then file BK and get the automatic stay.

[jerry10]

Does this change the timeline

http://www.housingwire.com/2008/07/31/freddie-mac-pushes-out-foreclosure-timelines/

[lrprn]

Does this change the timeline?

Too soon to tell what the new Freddie/FannieMae guidelines will bring. Stay tuned and talk with your lawyer (if you have one).

Also please in the future, if you have a question or statement to make, start your own new thread rather than resurrecting an old thread like this one. It's against our forum rules because old threads like this can contain information that is no longer valid. Thanks!

[No Gravy]

In California 12-18 months are typical. I made my last mortgage payment in March, and the NOD was just filed.

My lender has FC sales scheduled through Jan 2009. I'm guessing they're a little overwhelmed by the volume.

[Overmylimit]

I live in Ca too and I always make my payments pretty much on time, last month I had sent it late (GMAC) and a few days ago I got a default notice. So that was one month and I go into default?? Is it because I am in Ca where it is the worse or maybe because the city I live in is the foreclosure capital of the United States? Do the mortgage companies look at that and say take the house no matter how far behind.

[syn]

Is that the same for commercial property? My father is 3 months behind on the mortgage on property he owns and just this Thursday the company is coming down to "assess" it.

[No Gravy]

I live in Ca too and I always make my payments pretty much on time, last month I had sent it late (GMAC) and a few days ago I got a default notice. So that was one month and I go into default?? Is it because I am in Ca where it is the worse or maybe because the city I live in is the foreclosure capital of the United States? Do the mortgage companies look at that and say take the house no matter how far behind.

I got a few notices early on that scared me, which they were meant to do (according to my attorney).

Just because it has the word "Default" on it, doesn't mean it's an actual "Notice of Default."

[Mark80]

My letter said,

Dear CitiMortgage Customer:

THE ABOVE REFERENCED LOAN IS IN DEFAULT.


Then it said at the bottom failure to cure the default by 11/30/08 may result in the acceleration of all sums due under the security intrument.

Is that the same is the legit default, or a threat by them that its going to turn into the real forclosure timeline default?

I paid it today and they didn't even mention anything on the phone about it being defaulted. I asked "does this take it out of default" and they said... "oh.. yes it does"... but seemed to be caught off guard. It was weird.

[spearmint]

I am in Michigan and from the time I received the NOD, there's only 21 days to the auction date! Nice huh!

[heyu]

Ok, the Lawyer for the mortgage company sent me a letter that stated that the final motion for summary judgement of foreclosure was to be held this month July 2 2009.
After this is done, what is the time frame left before eviction.

[scsurfer]

Ohio-
made my last mortgage payment 12/08
Sheriffs auction 11/16/09

[Amy26]

Last time I spoke to the loss mitigation department of my mortgage company I made a remark as to why they are going so slow and he said it could still be several months before they even start doing anything. I said that I looked up online and saw that the foreclosure rates in Virginia were about 60-90 days and he like almost laughed at me and said that is not accurate at all.

So... I dunno if I trust those online calculators that tell you how long its taking.