Forclosure Notice of Hearing I missed it!

[jtallerie]

My HOA wants to Forclose on my home. My children shoved the mail in a drawer. I found the mail today. The hearing was on June 2, 2010. I did not know about this until today June 6.

Does anyone know what will happen now?

My lawyer does not have office hours on Sunday.

I feel sick over this.

Will I be in the street with my furniture on the front lawn?

[ryan]

This is nothing that cannot wait until Monday morning. A FC action takes a while, and your atty can probably still file an answer for you. Having dealt with a HOA myself, if possible I would see if your atty can work out a payment arrangement with them. Don't get yourself worked up over this.

[jtallerie]

Thanks for your support! This is soooo scary for me. I never thought I would be going through this in my life. I don't know what I'm going to say to my teenage children. My lawyer e-mailed me back. He said that I have to file now and we need to talk this week or next week. I don'[t know if the HOA will try to sell my house before I file.

My house is upside down I live in Florida. The HOA won't get any $ if they forclose. I think the bank gets paid first and the house is 50k upside down.

I am pretty sure that I will have to give up the house. Our income dropped 40%. I keed to save some money to be able to move. I am so broke!

I am also very behind on my mortgage. I am hoping I will be able to find a rental with my poor credit.

[MSbklawyer]

Thanks for your support! This is soooo scary for me. I never thought I would be going through this in my life. I don't know what I'm going to say to my teenage children. My lawyer e-mailed me back. He said that I have to file now and we need to talk this week or next week. I don'[t know if the HOA will try to sell my house before I file.

My house is upside down I live in Florida. The HOA won't get any $ if they forclose. I think the bank gets paid first and the house is 50k upside down.

I am pretty sure that I will have to give up the house. Our income dropped 40%. I keed to save some money to be able to move. I am so broke!

I am also very behind on my mortgage. I am hoping I will be able to find a rental with my poor credit.

Well if you pretty sure that you're giving up the house, and there's no equity in it for you to lose, then why worry? Don't worry about the foreclosure. Just start socking away that money you used to spend on mortgage payments. And when you decide to rent, if you can pay your deposit plus 3 months rent in advance, you could rent anything you wanted.

For the kids stuffing the mail in the drawer, I trust their a$$es are bright cherry red?

[jtallerie]

How long do I have before I have to be out of my house?

[MSbklawyer]

Most states have statutory minimus: 10 days, 5 days -- depends on your state. But the real question is how long will they wait to get the process moving? There's no static answer to that.

[jtallerie]

Will Chapter 7 or 13 stall them for a while so I can try to get some $ together?

My husband wants to keep the house. I don't see any way we can in a chapter 13. I don't have any disposable income and can't pay the mortgage as it is. We moved to Fl and purchased our home iin Sept 2006 for 325,000 we put 65,000 down + closing and everything else that goes with a move from NY to Fl. The $ we spent was our life savings. It has always been our life dream to live in FL.

He does not want to let it go. Our income dropped 40%. There are no jobs here. I always thought that if things got too hard I could just sell the house. When We bought the house it appraised for 370,000. Now I think the house is worth about 208,000, we owe 255,000.

I'm afraid we are going to be in the street. Is there any way to stall a Forclosure? When we purchased our home we were able to afford it. I always thought Real Estate was like money in the bank LOL!

I would be very grateful for any ideas anyone has to stall for a couple of months to try to get some cash together. I would shovel
S--t to earn an honest living and keep my upside down home!

We are not big spenders!
We have not been on a vacation for 8 years.
We don't have fancy cars.
We did not go out and buy luxury items on credit.
Our cc debt is mostly from trying to just live (food, utilities, gas, car insurance).


We also lost our health insurance with job loss!
Hubby needs surgury!
I am not well myself and we cant go to the Dr. we are broke.
We do not qualify for medicaid, we are too rich.

I feel guilty (confession), I did go to the movies last weekend, last movie we saw in a theater was about 8 years ago.

G-d help me and my family!

[ryan]

Will Chapter 7 or 13 stall them for a while so I can try to get some $ together?
.....I would be very grateful for any ideas anyone has to stall for a couple of months to try to get some cash together. I would shovel
S--t to earn an honest living and keep my upside down home!

I would definitely ask these questions of your atty. In some states where foreclosure is a Judicial Process it can take 8mos to a year or more to FC.

How much do you owe the HOA?...I've found mine at least to be somewhat willing to accept smaller payments and other concessions. Have you talked to the HOA? That might be one way to 'stall'.

Are you current on your mortgage payments? or behind on those also?
My main thought would be if the house is so far underwater, is it really wise to try and 'save it' in the first place?

[jtallerie]

Dear Ryan,
I contacted my atty. The HOA atty never showed up in court. Scheduling confusion. Lucky for me! It looks like I will have to give up my home. $7000.00 in HOA fees behind. So they say. The minute I gave them 2700.00 a few months back to try to catch up that is when they went after me.

It seems like they just try to rack up late fee's and atty court fee's. When I tried to settle with them they charged me for the time on the phone. This atty, does not answer calls. Or respond to other atty's for that matter.

We tried to settle with them, however, they sent my atty some one elses case in response. Not even my name or address on the paper work. It seems like they have some incompetent para legals.

[jtallerie]

Dear MSbklawyer, it is very hard to walk away from a house when you put your life savings down. I put 20% down on my home 65k, closing costs, homeowners ins., and a move from NY to Fl. We worked soooooo hard to own a home. It was our life dream, to give our children a home.

When we bought the house 3 1/2 yrs. ago, it appraised for 50,000 more than we paid for it. It just hurts. I wish we could ride out the storm and keep our home.

We don't live in a fancy house with granite/marble or stainless steel appliances or any luxuries like that. However, it was our life savings, and we have lost everything.

I would love to sock away the $ to give a land lord 3 mo. rent in advance. If I were in that position I would have paid my mortgage. We just lost the little bit we had b/c NY state took a judgement out on my for not paying NY State taxes. They claim I did not file in 2003/4. I don't have the returns, they are in one of my broken computers. However I did find a canceled check for my 2003 NY State Tax. If I did not file how could I have a cancelled ck for payment.

They took everything that I had in checking & savings. All my checks are going to bounce, I guess in a few more days my electric/water will be turned off. It will be great fun here in Florida with no ac or water.

[bulletproof77]

Pretty much, your screwed..You can file for a "loan mod" and stall for a few months, but I wouldn't count on saving a house that is upside down..If you BK the mortgages that will give you 90 days minimum..actually more than that. If you already received your NOD, depending upon your state, the foreclosure clock is ticking...

[jtallerie]

Dear Bulletproof77,

What is NOD?

[Tartbird]

NOD =Notice of Default. They are letting you know you have defaulted on your loan and if you don't catch up they will foreclose.

[plantlvr]

If you file a Chapter 7 you can include all your debts,mortgage, cc bills, and start fresh. it will delay your foreclosure for probably a long time. I've been in my house for 17 months without paying my mortgage and just had the NOD filed a couple weeks ago. I still have until the end of August to move. Hang in there, I know it's rough, my ex and I lost 40k on our house that we put down, so I know what you are going through.