Did your NOD get served to you?

[willsurvive]

Hello,

We have someone trying to serve us. I've been unable to answer the door to because of being in the shower or not having my husband home late at night. He has come at 9:30 p.m., 8:30 p.m., and 10:10 pm. My small kids have answered the door once (they got in big trouble) and they were told it was legal papers. We are also in an active lawsuit for something unrelated to bankruptcy. Anyway, I'm assuming we are being served the Notice of Default, but not 100% sure. Our lender is Bank of America, and yes we are VERY far behind in payments. We received our Notice of Intent to Accelerate a few weeks ago giving us until June 6th to pay up, so it surprised me that the NOD would come before that? What's everyone's experience? Is it most common to have papers served? What about the deadline being a little early?

Thanks so much!

[staytogether]

I got my NOD a few days ago, a copy was taped to the front of my house, then I received copies that I had to sign for yesterday (registered mail) and more copies through the regular mail. I'm in WA state.

[willsurvive]

Thanks! Who was your lender?

[staytogether]

PNC. I believe in my state, they have to give you at least 30 days after the Intent to Accelerate before they can send you the NOD. They waited almost 60 days in our case.

I hope it all turns out the way you want it to. We have a rental lined up and are planning to move between mid July to early August, and now know we have until the middle of September in our house. It worked out pretty well for us that way.

[overspent]

I got letter of Notice of Intent to accelerate around April 1st, to pay 18000 before May 1st, still wairing for NOD. I am Oregon and I have approx 140 days before the sale date. This works out perfectly since I plan to file chapter 13 in October anyway. BoA is my servicer. Then I'll file objection to lift of stay then wait for hearing. Don't know how long this will take. Let it ride.

[Billssuck]

Overspent...if we file an objection to the lift of stay, will that buy us more time in our house? I'm 60 days late first mortgage, almost 90 days on HELOC and haven't seen anything yet WRT lifting the automatic stay.

[Coldplay]

Isn't that pretty late for someone to be coming to your house to serve you legal papers ? Just be careful. There are alot of sickos out there !! We got ours served to us at 2pm. Didn't have to sign for them. It was a beautiful sunny Sunday. That kind of wrecked the day for us.

They might give up after a while. If they can't get a hold of you they will list the Notice of Default in the paper.

Again, be careful !