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    Anyone in Maryland

    Hi guys fairly new to the forum and just looking to get a few questions answered. I filed Chapter 7 BK in Sept 09 and was D/C'ed in Jan. I stopped paying my1st and 2nd mortgage in May 09 and surrendered the house in the BK. I am still living in the house now and just wondering about how long the process takes in Maryland. They did file for a relief from stay, and about two weeks ago I got a letter just stating the foreclosure had been turned over to an attorney for Wells Fargo. Planning to ride it out and save more money before renting. Any info would be great. Thanks guys this site is very helpful!

    #2
    So have you officially gotten your NOD (Notice of Default)? If so, they had to wait 45 days from when they sent you the NOD to file for foreclosure in the courts. Once they file it takes approximately 50-60 days for the auction to occur. Then, if you haven't moved out they will file for eviction which is about another 30 days.

    Here is where maryland court cases are online:


    Search on your name and see if they have filed for foreclosure. If they have, add about 60 days from the date they filed and that is your approximate date for auction. (I've seen some as quick as 45 days though so be prepared).

    If you'd be willing, will you post a reply and tell me if they have filed yet?

    Comment


      #3
      From what I understand the NOD is a official notice that comes certified mail correct? I do not believe I have gotten a NOD yet. I just put in my name in the courts case search and nothing comes up in my name. So I am guessing I still have a while to hang then? I am hoping for maybe case for keys, I dont know if the condition of the home matters or not but I would think the bank would like to make as much money as possible on my home.

      Comment


        #4
        New Hampshire

        Anyone going or have gone though forclosure in NH?

        NH is a non-judicial power of sale state.

        We where discharged about two years ago, kept paying on non reafirmed home but now are walking away.

        Looking for ways to extend our time hear, any suggestions?

        Comment


          #5
          Killing me with the thread jack haha, Bump for more replies?

          Comment


            #6
            Here is another timeline website:



            Again, it basically works out this way:

            90 days past due = NOD is sent to you

            45 days from receiving NOD = they file with the court for sale

            45-60 days from filing with the court = auction date

            you might want to be out of the house here otherwise you have 30-60 more days before eviction or possibly cash for keys

            So total = 3 - 5 months from NOD to auction.

            Have you filed for nakruptcy already and if so have they lifted the stay?

            Comment


              #7
              In my original post it says I was just discharged from a chapter 7 Jan this year. I was 90 days late back in August of 09 but my questions is the NOD doesnt have to come right away right?? If so I would have gotten this back in August and I havent gotten anything and there is nothing in the case search. I understand the timeline but am almost 100% sure I haven't been served with any official NOD. It should come certified mail correct? And they did file for relief from automatic stay back when i was in my BK

              Comment


                #8
                Originally posted by CCT501618 View Post
                In my original post it says I was just discharged from a chapter 7 Jan this year. I was 90 days late back in August of 09 but my questions is the NOD doesnt have to come right away right?? If so I would have gotten this back in August and I havent gotten anything and there is nothing in the case search. I understand the timeline but am almost 100% sure I haven't been served with any official NOD. It should come certified mail correct? And they did file for relief from automatic stay back when i was in my BK
                Yes, it should come certified mail. Also, I think (but I am not sure on this) that they would have included a copy of the NOD with the filing for the Relief from Stay if you had gotten one. I'd say at this rate you have a while to go.

                I am trying to figure out when to move out. Do you wait until after the auction and make them evict you? Do you wait until after the auction and hope for cash for keys? Or do you plan to be out around the time of the auction.
                Last edited by bkresearch; 02-23-2010, 06:04 PM.

                Comment


                  #9
                  Well I have to look through all my paperwork I have. I have gotten papers saying they intent to foreclose and stuff but nothing that strikes me as "the official documents" so i guess I need to check into that. Obviously if nothing comes up on the case search then nothing has been filed yet correct? I was under the assumption that you are notified prior to when it goes in the paper and you are notified when the auction is suppose to take place. I wasn't notified of either of these so i think i still have a while.

                  I am planning on riding it out til the last minute. I am going to have somewhere to move all setup and will not wait to be evicited but I am going to wait as long as I can to save money. From what my lawyer says there are alot of variants to the foreclosure process in MD and some people have been sitting in there homes for over 1.5 to 2 years still living rent free. Just depends on the lender I guess.

                  Are you located in Maryland as well?

                  Comment


                    #10
                    I live in Maryland. My husband and I were over 90 days late on our mortgage last year. We filed Chapter 7 two days before our house was set to be sold at auction. Our bankruptcy was discharged 11/6/09. Motion for relief of stay was granted about a week later. Our house was set for auction in December and it didn't sell. There is another auction scheduled for tomorrow. We moved into a rental in August because we have school-aged kids and didn't want to move in the middle of the school year. But we could still be living in the house right now. As a matter of fact my husband has been back to the house several times to get items that we left behind and decided later that we wanted. So in my experience, even if you have an auction date set, it doesn't matter if the house doesn't sell. I'm no expert though, maybe my lender just doesn't care about whether or not we are living in our home. We haven't heard anything about them trying to evict us (I'm not sure that they know we moved), the locks haven't been changed and some of our belongings are still in the home.

                    That being said, my old home is in Charles County, MD and there are lots of foreclosures in my neighborhood, several of which are on my street. There are houses sitting empty on my old street that have been empty since late 2008-early 2009 which is probably the reason it hasn't sold. FYI, the home is a 3 bedroom 1 and 1/2 bath 2 level townhouse with about 1300 square feet in good condition. If you live in a different area, with a larger, nicer house with more value, then your home may sell sooner. I just wanted to share my experience.

                    Comment


                      #11
                      hi,
                      I'm in maryland as well. I filed bk7 and discharged in August 2009. I tried to do a loan mod, but didnt work and now I've given up. Havent made a trial payments since December 2009. I got a letter last week saying they will finish the review process but its too little too late. I'm 100,000 underwater. So I plan on leaving when just before auction sale date. Nothing on the maryland website about a foreclosure filing, however my neighbor has one and is listed on the maryland website and he has an auction date of 3/2/10. In the bk my attorney put "redeem property" but I didnt sign any reaffirmation paperwork only the loan modification paperwork. I have been paying hoa fees as well. I will notify the home insurance people after the auction date. I've already started packing and stuff.

                      FYI My credit report shows IIB on both my loans.

                      I'm still trying to find out how soon before I can buy again after BK7, my understanding is the time frame starts from the bankruptcy not the foreclosure but the bk7 happened first.

                      I will try to save as much as I can for the down payment.
                      Retained attorney 4/21/2009 Monday
                      Filed Ch 7, 4/30/2009 No Asset case, Under median.
                      341 Meeting 6/9/2009 - went well.
                      Discharged 8/9/2009, Closed 8/11/2009

                      Comment


                        #12
                        I missed my first payment in August 09...Got some certified letters from a Baltimore lawyer in December saying that they could start the foreclosure process in 45 days......Got more letters from the lawyer last week saying they would start foreclosure.......I checked on the Judicial Search site and there is now a case filed for forclosure as of Monday 3-1-10.
                        I'm with Chase.....Have been trying to get a loan mod.....No luck as of yet.

                        Comment


                          #13
                          Update: Got served with the court papers yesterday.....Guess it's official now.

                          Comment


                            #14
                            According to this website, if you are not contesting, you don't have to go to court and respond and just wait for the auction date.
                            Retained attorney 4/21/2009 Monday
                            Filed Ch 7, 4/30/2009 No Asset case, Under median.
                            341 Meeting 6/9/2009 - went well.
                            Discharged 8/9/2009, Closed 8/11/2009

                            Comment


                              #15
                              Hey guys sorry its been a few days before I replied. I just today (3/8) got what I THINK is my official "NOD" except it says Notice of intent to foreclose. It does say in all the legal jargon that if I dont pay the loan off then in 45 days they will file for the foreclosure so I guess this starts my countdown. My last payment was in April so I have had almost a year and am planning on riding it out til last minute but having a place to move too. I am really hoping for cash for keys towards the end but we shall see. I am using the above timeline to give me a idea of how long I will have left. I am guessing another 3 months, being on the safe side.

                              Anybody with helpful info for me feel free or if any of the MD peeps have questions let me know.
                              Thanks for everyones help.

                              Comment

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