I receieved a letter today from a foreclosure attorney saying that my bank filed for

[goblue]

foreclosure on 1/14/2010. It provides a foreclosure case number and gives me the court clerk's phone number if I want to verify.

Is it time to get a Pacer account? I'm meeting with my attorney on Jan 26th to go over the final paperwork before we file Chapter 7 on Jan 28th (we are surrendering the house).

Does this mean there is a sale/auction date set? If so, does that information appear on Pacer? Is Pacer easy to work with?

I'm just wondering how much longer we have in the house...we are in Illinois. We looked at a rental property today and I didn't want to jump the gun by moving too soon. But, maybe this is telling me our time is limited (last mortgage payment made in August).

thanks.

[AngelinaCatHub]

foreclosure on 1/14/2010. It provides a foreclosure case number and gives me the court clerk's phone number if I want to verify.

Is it time to get a Pacer account? I'm meeting with my attorney on Jan 26th to go over the final paperwork before we file Chapter 7 on Jan 28th (we are surrendering the house).

Does this mean there is a sale/auction date set? If so, does that information appear on Pacer? Is Pacer easy to work with?

I'm just wondering how much longer we have in the house...we are in Illinois. We looked at a rental property today and I didn't want to jump the gun by moving too soon. But, maybe this is telling me our time is limited (last mortgage payment made in August).

thanks.

Eeeer, 1/14/10?? Didn't that happen? Maybe a time warp? Anyway, yes you need a PACER account. You need to stay informed. Whatever you open understand it is .08 cents a page. Save the document to your hard drive. I rename mine to the docket number and my own memo. Then look back does not cost you.

Sounds like you are living on borrowed time, but you will get adequate warning from local sheriff for your eviction and you should have at least 30 days to leave. Depends on local law. 'Hub

[goblue]

Eeeer, 1/14/10?? Didn't that happen? Maybe a time warp? Anyway, yes you need a PACER account. You need to stay informed. Whatever you open understand it is .08 cents a page. Save the document to your hard drive. I rename mine to the docket number and my own memo. Then look back does not cost you.

Sounds like you are living on borrowed time, but you will get adequate warning from local sheriff for your eviction and you should have at least 30 days to leave. Depends on local law. 'Hub

the letter says that they filed with the court on 1/14/2010, so I'm assuming they started the legal procedure. It looks like I have a good 90-120 days (or more) - if I'm reading my google search results right!! LOL

Time to register with Pacer

[DeadManCrawling]

Careful about reading too much into that letter. It is very likely the bank filed the NOD.

This attorney who sent the letter may have absolutely NOTHING to do with it, or the bank. In our area, there is a growing trend of bottom-feeding (or well-meaning) attorneys who are specializing in "saving homes". They watch for NOD filings and send out letters similar to what you describe, asking the homeowner to "get in touch about saving your home". Simple fact is, these attorneys rarely can help, and almost always cost money.

I would check the local records, make sure something is happening, and then research the matter. You may want to contact the mortgage company and see what they say.

If it IS a NOD, that means nothing. We received ours a few months ago and have seen no further action. We also know people who are sitting with 3 YEAR old NOD's. That, also, means nothing. Everything is up in the air, but your best protection is knowing what is going on. Contacting the lender will not harm you one way or the other, and may give you some idea of what is going on.

Best,

-dmc

[ToughTimes]

goblue, what DeadManCrawling said!

Our summons & complaint in foreclosure were served via certified mail (that we had to sign for).

Got also a letter as you describe, complete with case #, from an unknown

If I were you I would surely let my attorney know about the filing. S/he should be able to look it up with ease (and at no cost to you). S/he is also likely to have an opinion as to how long you may reasonably expect before you have to actually move.

[goblue]

It absolutely was a letter from a foreclosure attorney trying to drum up business. BUT, my daughter just answered the door to someone looking to give my husband a piece of paper. When she said he wasn't home, he didn't leave it with her. So I'm assuming we're being served.

I've read that in Illinois, it takes up to a year - not sure if that's from the first missed payment or when you are served.

Seems like they are moving rather quickly, but reading this, it looks like we have about 7 months*after* the complaint was filed meaning we have until mid August? Is that right?

http://www.foxvalleypropertysolutions.com/ILLINOISFORECLOSURETIMELINE.html

Thanks for your continued help.

[ToughTimes]

The stuff online regarding Illinois foreclosures does seem to indicate you have some while yet that you can stay in your home.

I also read, though, that in Illinois you can offer the lender a deed-in-lieu and the lender is thereby not eligible to pursue a deficiency judgment. Quite possibly this is a moot point since you're planning to file BK soon anyway, but is still a good reason to consult your attorney.

You state you're to sign papers on the 26th. Our attorney gave us an instruction sheet when we signed, and one of the things on it was to be sure to contact him/his office whenever we receive legal paperwork of any sort from any source. I guess technically you've not yet been served, but if you know the filing's taken place & have a case number, I'd sure recommend you let your attorney know about it. S/he will be familiar with how things really work in your local jurisdiction and s/he will also be likely to give you counsel as to how you might best proceed in order to attain your objective(s) in all this.

Once you've filed, your lender will have to get a relief from the stay before moving ahead on the foreclosure action. Your attorney will be likely to have an informed opinion as to how much extra time that may buy you in the house.

[IZZYnGEORGE]

I'm in Illinois also...Our attorney has told us that since we were not 3 months behind when we filed the lender/mtg co. would have to wait until the bk was discharged (unless they have a motion to lift the auto stay) before their attorney could go forth with the foreclosure process.
Our atty informed us that we should cont. living in our house until the foreclosure (he said that should be about 7-9 months) The reason for this is
1. you will save money by not paying rent
and
2. he said we are still responsible for the home (break-ins, pipes, etc...) since our names are still on the deed.
Hope this helps...Saty as long as you can and save the $ you would be paying on rent

[goblue]

We've been served. Ironically, we're meeting with our attorney today to finalize our paperwork and plan to file by Thursday.

So it's begun.....