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Those who have received letter of trustee sale date

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    Those who have received letter of trustee sale date

    I was just wondering when you received the letter and how much time did you have to get out? In my situation I was in the pre-foreclosure process in April 2009 and then tried for a loan mod. I never did send in the doc's for it because I simply couldn't afford it. Then I filed chp 7 in Aug 2009. About a week and half ago the motion for the relief of stay was issued in court. I haven't heard anything from the lender. I'm waiting for a call back. I'm officially about 8 months behind. I'm just wondering if I should just move out since I do have an apt lined up, BUT since I don't know anything yet...maybe I shouldn't leave because it's in my name and anything that happens will be my responsibility. Confused as to whether I should get out now or wait til I get a letter. By the time they mail out your letter and you receiving it how many days were there until the trustee sale date?

    #2
    If it were me I would wait until you get an eviction notice....some banks are even renting back the home to existing homeowners. In any case you could possibly live in your home many, many months rent free.

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      #3
      Do you have access to your State's online court cases? Try searching on there to see if they have filed anything "legally" pertaining to your foreclosure case. You should have at least 45 days from when they file your foreclosure case in court before the auction date. Has your lender actually filed a foreclosure case against you? Have you received your Notice of Default/Notice of Intent to Accelerate? If not, they have to give you 45 days from the date they send you your NOD before they can file the foreclosure case with the court and then set the auction date.

      What legally have you received from your lender?

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        #4
        I have not received anything from the lender at this point. I checked pacer and nothing. The hearings they have listed such as the 341 was noted as satisfied, but the hearing for the motion for relief of stay.. nothing...doesn't say satisfied nor terminated. I tried calling my lender, but it will take a couple days before I hear from them. They say 48 to 78 hours. Ridiculous! I was thinking maybe they're waiting until I'm discharged, but then maybe not since they want to have motion for the stay of relief approved by the judge. Probably going to have to wait.

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