NY state timeline/move out or stay?

[seriously]

hello, finally delurking. this forum has been a big help to me, so thanks to all!

Here's my situ. I'm in NY state (not NYC). Chapter 7 should be discharged this week. House was included in BK. Did not reaffirm! Received my NOD on July 19, and the automatic stay was terminated on Sept 4. I am still in the house, and have a renter in a sep. unit (who is aware of everything and is going with the flow).

I am considering moving to a state that's much less expensive to live in. Am fried on area, job, and want to try something new (as I'm sure many do after BK/FC). Have about $7k socked away so far. While I don't want to be utterly stupid and give up my no-rent living too early, I'm also slowly going insane sitting in my not-really-mine-anymore house--and I also don't really want to be evicted in the middle of a NY winter. But since there is no set timeline to the FC process, I'm very much on the fence about what to do next.

Any NYers who've been through FC recently who would like to share their timeline? Or, any thoughts/advice from anyone is welcomed!

thanks so much!
srsly

[DebtEnder]

Did you receive a second NOD after your discharge/relief of stay? Did the 1st NOD come right before you filed or while in active BK and if it came during active BK did the bank get a relief of Stay.

If the NOD came before filing then the whole process is reset and the bank will have to reset the whole clock all over again. If they sent a NOD during active BK without a relief of stay then perhaps you have a case against them and can get some moving expenses paid for by them

It sound like they sent the NOD of during your BK and they had not yet gotten a relief motion yet. As such that 1st nod does not apply and in fact should be cause for sanctions against them.

[seriously]

Well, hm. Maybe I didn't actually get a NOD. I got a letter from my lender saying "You could lose your home... your home loan is 48 days in default... if this matter is not resolved within 90 days from the date this notice was mailed, we may commence legal action against you." I took that to be the NOD, but maybe I am wrong? This letter (whatever it is, lol) was dated July 19--3 days after I filed.

I did however get a very official relief of stay from the BK court/judge, dated Sept 4. So now I guess I'm waiting for... a notice of sale?

That's a great note about them sending the NOD (if that's what it was) after I filed--any $ I might be able glean to help start my life over would be great. I'll check into it. Thanks!

[DebtEnder]

Well that's not a Nod. A Nod often has some wording like intent to accelerate in 30 days time or foreclosure process could commence etc etc. What you got sounds like a hey your late we are considering starting the process to begin our commencement of a foreclosure.... It does not sound like they began anything yet, and still have not. Just with the motion they now can. You could be looking for some time before you get kicked out. NY is a judicial foreclosure state which means they have to take you to court to be able to for foreclose on you. You then have the 4-6 week advert of sale etc etc. I'd say you have at least 120 days and most likely alot more

What the letter was or method of contact is does not matter it's an attempt to collect a debt while you were covered by the automatic stay. However it was dated 3 days after you filed which they could argue they had not received notice from the court yet. Had they made any other contact at all since that letter?

[seriously]

Thanks so much for all the info, DebtEnder

They (mortgage co) have been sending me my monthly mortgage statements, but at the top it says "for informational purposes"--and has a lot of language about it not being an attempt to collect the debt... "if you have received a discharge we will only exercise our rights against the property and we are not attempting any act to collect the discharged debt from you personally." So I guess the NOD will come soonish. Makes much more sense now.

Good to know that was NOT my NOD... guess I'm sort of at square one. That's kind of a drag as I want to skedaddle--I know I *can*, but I also know I *should* stay and sock it away while living rent-free. Guess i'll just have to knuckle down. My BK went so smoothly and I should be grateful for this time to re-build!

[DebtEnder]

Aye doing the rent free life myself, I got my nod 45 days ago and not a word since.

But even if you had got the nod it would not matter, they would have to send a new one.

[seriously]

I found info on a NYS website last night that says foreclosures in NY are currently taking about 14 months. So, I guess I have some time left, lol. Sheesh!

[Amy26]

A lot of us in that boat... I was discharged last month and my mortgage company is still sending me late bills... saying please pay us our 9,000 dollars and we'll bring you current... lol. So, I assume I will still be waiting a long time. I have renters in my place right now and I believe they are moving out next month... then I gotta pay the HOA fees ><

[seriously]

lol, Amy, yes, I am at about $9k as well... but it's just for my information! Just so I know! lol, I'm like, I don't really need to know... you're not getting it! ;)

so you are not living in your house? Did you move far away? Just curious as to why you didn't choose to stay and take advantage of free-ish living (I'm arguing with myself over this right now... lol.. would RATHER leave, but don't HAVE to leave!)

[Amy26]

I moved to another country last year and had already rented the place out before any of this happened. So, instead of me living rent free... my renters are.

[AngelinaCat]

I'm sorry I missed your DISCHARGE. CONGRATULATIONS!!!

Tho late, here is your unofficial, official Victory Dance:

http://video.google.com/videoplay?docid=-3894301868978665655

[seriously]

Aw, thanks!!! It went so smoothly... I am very grateful! And this forum has been a HUGE help!