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What should I think of this??

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    What should I think of this??

    I moved whatever possessions I truly wanted out of my house prior to April 6th because that was the date that I was told the auction was going to take place at my home in foreclosure. Well..after someone brought it to my attention, April 6th was a holiday (Good Friday) and city hall was closed, so how would they hold the auction that day?? Also, I thought they would have a sign posted on my house or door? Don't they normally do that? And, when do you think they will be changing the locks on me? I dont want to get in trouble if I go in for a "once over walk through" for anything I might have forgotten.
    I am sorry for sounding so ignorant about this, but it does seem strange that the attorneys notice stating an auction date of April 6th when the place stated (city hall) was closed.

    Thanks for your input! and..Happy Easter to all!

    #2
    From the "For What It Is Worth Department"

    I'm sure every state is different, but there was a news story on TV this past week about foreclosures. They were interviewing an investor who would purchase foreclosures and he stated it was heart wrenching to go to a property and tell the occupants that they had to move. This gave me the impression that some, if not most, of the former owners resided in the property until the last minute.

    I would even go so far as to venture a guess that this investor would have to go file an eviction notice with the local court to evict the former owners and then if it came to it, the sheriff's dept would go move them out.

    So all that being said, I think you would be safe to do another walk through.

    Good Luck
    I used to have a life, now I have grandkids.

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      #3
      If I still had access to the property I would take all the opportunity and do what I had to do, even continue living in it IF I HAD no other place to go until the very last straw.

      Best Wishes, CMIFY
      July 2006: Filed Ch13 :blink:
      Oct 2006: Converted to Ch7 :clapping:
      Jan 2007: DISCHARGED :clapping:
      Nov 2007: CLOSED :yahoo::yahoo::yahoo:

      Comment


        #4
        Foreclosure sales don't happen at the property - they are usually held at the courthouse steps (literally!) or a designated public place. Each state has it's own rules, but the sales are held on a given scheduled date - e.g. "the first Tuesday of each month", and the property is advertised in the county's official publication source/newspaper (not always the 'main or primary' newpaper).

        If the sale was scheduled for Good Friday, an alternate date would have been established in advance by the county. If the house was sold, locks may not be changed for some time - it all depends. Sometimes the mortgage company uses a realty broker, they have to schedule someone to go by and visually determine if it's occupied or not - validate utilities, damages, etc. and then determine next steps. Yes, if occupied they have to 'evict' and follow those processes, too.

        Comment


          #5
          Could be the Trustee of your Sale is in a totally different area of the State and was not aware of Local Custom that Gov't Offices to be closed on Good Friday.

          That's the way our Foreclosure was being handled. The Law Firm hired to be the Trustee of the Sale was on one side of the State while our property was on the other side of the State. Like 400 miles apart. If it wasn't local custom in their City for Gov't Offices to be closed on Good Friday, they may not have known it was where we lived.

          There are rules in the State Law about scheduling another Sale. If the Trustee didn't know about the Holiday closing of Gov't Offices, they'll have to follow the Law to reschedule.
          Filed Ch 7 - 09/06
          Discharged - 12/2006
          Officially Declared No Asset - 03/2007
          Closed - 04/2007

          I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

          Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

          Comment


            #6
            Thankyou all for your input. Yes, the foreclosing attorney is in NY City and I am located in Western NY, so maybe they were not aware of the closure of City Hall! So should I figure it will be the following week? Or is this only done once a month?

            Comment


              #7
              Many States have a set rule for rescheduling a Foreclosure Sale.

              There will be a Code or Statute that says something to the effect of, "If an initial Foreclosure sale is canceled or postponed, the subsequent Sale must be rescheduled within XX # of days." Or by some certain time frame.

              I did a search and didn't find any similar type of Code or Statute for New York.

              I did find this ad for a Foreclosure Sale:

              http://ny.mypublicnotices.com/Public...ce&AdId=445791

              The original sale date previously scheduled for January 19, 2006 had been cancelled pursuant to law, rescheduled to May 11, 2006 and again cancelled pursuant to law, reschedule to October 12, 2006 and again cancelled pursuant to law, and this new sale date of April 17, 2007 is hereby noticed and advertised in accordance with the Judgment of Foreclosure and pursuant to law.
              Dated: March 9, 2007

              As you can see, that Foreclosure Sale was rescheduled several times over the course of more than a year.

              I'd suggest you contact your attny and ask him/her what you might expect.
              Filed Ch 7 - 09/06
              Discharged - 12/2006
              Officially Declared No Asset - 03/2007
              Closed - 04/2007

              I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

              Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

              Comment


                #8
                The foreclosure auction I went to was literally on the court house steps, we never went inside the building, so I am not sure if the court house being closed would have any bearing or not.

                Also the people who were loosing the house had a friend go to the auction to find out what happened. So if you do find out that the auction was rescheduled you may want to consider going yourself or having a friend go.

                But unless you had a lot of equity in the house or there was some other factor making it a great buy, I doubt it sold at auction.
                chap 7 discharge 06/07

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