I AM entitled to a notice of sale right?

[Lesa13]

I am in active Chapter 13 - done in less than a year!

I did finally get a notice of default for my house on November 7. But have not yet gotten a notice of the sale date.

Just making sure - I WILL get some kind of notice correct? That is the law in Missouri - that doesn't change just because I am in BK does it? The info I have read says:

"Missouri requires that a notice of sale be published, and it should be published in a newspaper where the property is located. In a county with a city that has a population over 50,000, the trustee publishes a notice of the sale daily starting 20 days before the sale and ending on the day of the sale. In other counties, the trustee publishes a notice of sale once a week for four weeks, with the last publication no more than one week prior to the sale. The trustee in charge of the public auction has to send a notice by mail to the borrower - and all other affected parties - at least 20 days before the date of the auction. The notice includes the following: the date, time, place, and terms of the sale and a description of the property."

SO am assuming I will get something giving me the final sale date, correct? This notice isn't waived because of BK?

Am I wrong?

Thanks for any help - still not understanding why it has taken so long for this house to GO AWAY!

[SinkingFast]

Our house was in Missouri.

The Lender will probably hire a Trustee Law firm. That's what ours did.

Before the public notices went into the paper, we got mailings via Certified Mail that we had to sign for.

We each got the Certified letters and the Trustee for the Sale sent 3 of them, each. I guess they wanted to be sure we were notified.

When the 3rd set came, in the same week, I broke down and told the Postal Delivery person what was going on. I mean she had to know it was something big time legal. 6 Certified Letters to the same house in 1 week. BLECH!! You can only grin and sign for those things so many times, ya know??!!

Then the notices went into the paper. We had already moved outa State, so we didn't see the ads. Our Realtor and several of our friends told us they saw the notices in the paper.

[demismom]

I would assume so, though in Michigan we didn't have anything like Sinking described. We got one measly little letter and it wasn't certified or registered either, just plain ole first class here.

[Lesa13]

No letter but possibly locked out?

Following up on my original thread...

I got notice that the stay had been lifted on Nov 5. Nothing else since then. However, I did get a letter from the lender that my loan has been sold to another lender as of 1/1, which made me think maybe the attorneys for the company now were holding off.

My neighbor at the house called me today to tell me she had seen some men "nosing around" last week and there was a new shiny padlock on the shed off of my garage! I am not sure if the locks have been changed at the house or not (checking on that this weekend), but am flabbergasted since I do NOT believe the house has yet been foreclosed on - no notice of sale, no letter from the trustee, nothing.

Anyone have any ideas about this? I am not sure whether to be upset and get my (useless) BK attorney involved or perhaps securing outside property in possible foreclosure is a normal step?

Thanks for any answers anyone might have.

Lesa in Missouri

[gophermn]

Even if your house was involved in a sale, you should have a redemption period in MO. In MN once the Sheriff Sale takes place I legally still have a contractual right to own the house in the redemption period. MN it is 6 months. So if the sale happend January 2008, I still can live in the home 6 months thereafter. I know because we are going through this as we speak.
I found this info on Missouri Sale/Redemption laws:

http://www.realtytrac.com/foreclosure-laws/missouri-foreclosure-laws.asp

[FreshLikeADaisy]

My neighbor at the house called me today to tell me she had seen some men "nosing around" last week and there was a new shiny padlock on the shed off of my garage! I am not sure if the locks have been changed at the house or not (checking on that this weekend), but am flabbergasted since I do NOT believe the house has yet been foreclosed on - no notice of sale, no letter from the trustee, nothing.

The only thing I can think of is that once you tell them you have vacated the property, or they have good reason to believe you have left, they will secure the property just as they would post-foreclosure. If you're already out, it's a good thing. Your mortgage company has either a local office, or a local property mgmt co they contract with, to do exactly this sort of thing on defaulted loans.

Now, if you didn't tell them you were out, and it looks like you still live there, that's not so good and I have no idea what's going on.