CA Foreclosure??

[chad9162]

I'm trying to figure how much time I have before I'm forced to leave my home.

I'm about 3-4 months behind. No Notice of Default yet.

Here's what I've read....

Notice of Default.... 90 days
Trustee Sale Notice is given after 90 days
Trustee sale 21 days after that TSN.
Once the bank owns the property I have 3 days to vacate.

So theoretically I have almost 4 months after NOD?

[willsurvive]

Are you in bankruptcy yet?

It could be awhile until you even receive your NOD. Also, what bank do you have?

[tjs1970]

I missed my first mortgage payment in April of 2009 and still no NOD. I even spoke to the mortgage company a few days ago and told them I was pursuing a short sale. They said my loan is not in a foreclosure status as of yet. So I figure if they don't give me a NOD soon, I could be here until late spring!!

[DeadManCrawling]

Been since January for us. NOD was received in October. We are with BoA. They are also trying to work out a mod at the same time.

One department told us to ignore the mod dept., since they are pursuing foreclosure.

The mod department told us we should ignore the foreclosure dept., since they will get the mod done.

Fun times

[chad9162]

I appreciate the feed back but no one seem to answer my question. We already discharge BK. Our mortgage is through California Housing Finance Agency, which does nothing to modify my loan. They want me to pay more.

Only thing they will do is set up a repayment plan for my past missed payments and include them in my mortgage payments. They want me to sign something agreeing to this even though it would have no legal standing. Its on memo paper and states it does not change the original loan (which was technically discharged through BK).

So I just want to know how long I can stay before being evicted. Does 4 months sound about right, if I get my Notice of Default tomorrow?

Also, I've read that since my Mortgage was included in BK that they can't add a Foreclosure to my credit report since it will occur after the BK discharge. I thought someone cited some case law mentioning that's its not the borrowers fault that the lenders take so long to Foreclose? The only reason I ask this is that CalHFA tried to report my mortgage "Open" and 4 months behind after my discharge. They seem vindictive...

[slam22]

We are in California and our lender is Bank of America/Countrywide. Have not made a mortgage payment in 20 months. Still no NOD. Still in house.

[chad9162]

Slam good for you (I mean that honestly) but I'm not with a big retarded bank that just merged. I think CalHFA will move a lot faster than BofA/Countrywide. I think they are still disorganized from merging, lucky you. I found my answer here....

http://www.************************/...e-part-1-of-2/

Thanks everyone for trying to help.

[lance22]

It is really a sad fact that a lot of foreclosures are happening in the country today. I mean, not just in America but I think in most parts of the world. We should really learn a lesson from this. Pay our debts, be responsible with it and really treat this seriously. whew!

[BobMango]

chad, I had a rental property in CA that I quit paying on in February of this year. Received notice in late May and the property was sold in September. (High value was $330K, sold for $85K). Wells Fargo had the loan.

I didn't do anything to stop the process although every time I talked to Wells they wanted to work something out. My response to them was that my income had dropped by 50%, the real estate market had dropped a similar amount, if not more. I wasn't willing to keep throwing good money after bad so never responded to their offers to "work it out".

So while doing nothing to stall the process, it took Wells Fargo about 7-8 months start to finish.

[bulletproof77]

BofA, San Bernardino County.. Last payment 12/08, NOD issued 09/14/09, auction date 12/23/09. Owed 190K, discharged in Chapter 7 (July 09), current value 78K. No mod pursued or wanted.

[bulletproof77]

Last payment 12/08, NOD 09/09 (Filed Chapter 7-discharged July 09) Auction 12/23/09. San Bernardino County.

[Doghouse]

Times differ and vary a lot depending on Bank or Credit Union or whatever. There really is no hard and fast set period but prepare for a minimum amount of time as you have anticipated. I stopped paying mortgage Oct 08. Received a NOD on Feb 11 '09. Trustee sale Aug 25 09. No takers. Became bank owned. Received 3 day on Oct 8 09. Still in house as of Nov 1 09. So, basically, I am still in the house almost 9 months after NOD. I'm here in California too.