Forecloure after discharge in California

[mhman]

I checked the timeline for the foreclosure but what would happen after discharge?

Unless there is "relief of automatic stay", all debts including mortgages will be discharged early March.

After the discharge, the lender normally send NOD for the foreclosure?

or

They skip NOD and foreclose the house right away due to the BK & discharge?

I decided to surrender the house but I should know what to happen after discharge....

Thanks in advance,

[slam22]

I checked the timeline for the foreclosure but what would happen after discharge?

Unless there is "relief of automatic stay", all debts including mortgages will be discharged early March.

After the discharge, the lender normally send NOD for the foreclosure?

or

They skip NOD and foreclose the house right away due to the BK & discharge?

I decided to surrender the house but I should know what to happen after discharge....

Thanks in advance,

Well first of all the lender cannot skip the NOD. There is a certain process that has to occur in order to foreclose in California. Every state is a little different but in California they have to file a NOD. The timeline is a real crap shoot. It all depends on where you are and who your lender is. In our case we were discharged in September 2008 and have not made a payment since March 2008. Our mortgage is with Bank of America. To date no NOD has been filed. Still living in our house and are just throwing all the money we would have paid our mortgage and taxes with into savings and investments.

[mhman]

Well first of all the lender cannot skip the NOD. There is a certain process that has to occur in order to foreclose in California. Every state is a little different but in California they have to file a NOD. The timeline is a real crap shoot. It all depends on where you are and who your lender is. In our case we were discharged in September 2008 and have not made a payment since March 2008. Our mortgage is with Bank of America. To date no NOD has been filed. Still living in our house and are just throwing all the money we would have paid our mortgage and taxes with into savings and investments.

It would take longer than I thought in California. Thanks a lot for sharing the experience.

BTW, all the property taxes have not been paid will be attached to the foreclosed property, right? I hope I don't owe any property taxes which I stopped paying from last December.

Have a wonderful day.