Yet another FC question

[FijiTime]

I'm surrendering my Colorado home as part of an open CH7, I have a couple of mortgages and the home is worth about 85% of what I owe on my 1st so surrendering is the right financial decision.

I've been watching the local county's website for foreclosures daily and my property is listed with a sale date in early June as of this week. I haven't received anything from the lender except for an initial notice of default which didn't appear to be the real thing. It was more along the lines of you're behind so catchup or the full amount is due during the next billing cycle... From what I've read here this isn't the real notice...

The lender did file a relief from stay, and the judge granted it back in the middle on December so they're in the clear to begin whenever they want despite the BK.

I was a little surprised to see that the process seems to be moving forward although I've not been served yet or had the 20 day opportunity to dispute the claim. It's my intention to stay in the home as long as possible, and I was thinking my comfort level is going to be staying there until the sale date. Am I ok in the assumption that I'm fine living there until at least the sale date??

Does my "intent to surrender" somehow expedite the process? Shouldn't I still have gotten served before they could have a sale date listed?

Any advise on possibly extending how long I can stay would be appreciated. I'm fine with living somewhere else in June, that's 8 paychecks away so I'll have plenty of $ to rent something suitable by that point but it would be nice to have a couple more in the bank if possible..

[Trixie007]

If they have a sale date, that sounds like a real NOD to me... and there is not a 20 day period to dispute... that's for lawsuits over other types of debts. In a foreclosure, they're not suing you, they're just going through the legal motions according to the Deed of Trust. Assuming you're in a non-judicial state... Typically after the sale date, you will get an eviction notice, maybe even a cash for keys offer? Generally not too much time after the sale though, and in this economy I wouldn't hold out too much hope for a cash for keys.

[BKFOURAB]

I too live in CO - Adams County. My questions are on this topic so I did not start a new thread. Filed CH7 on Nov10 2008. Hearing was Dec 12. No challenges to my knowledge. Only stipulations from trustee is that: 1) Gotta surrender one of my severance checks and 2) we have to forfeit our tax return this year. I don't know if he will delay discharge until we have filed our tax return. I am unable to file before until April 1 due to not having $400 for accountant. Received notice from court granting Wells Fargo relief of stay Feb 6. I have an attny. whom does not reply and has told me nothing about the process. I don't even know what the 60 day "party" is supposed to mean to me, and I guess 60 days gotta be this week. Any guesses at timeline before I gotta be out of this house?

I wish I had found this forum BEFORE I got my greenhorn attorney. Knowledge is the first step to success and there is plenty of knowledge on this forum. Thank you for your courtesy in listening, responding. - Kevin