Refusing Certified Mail - what happens?

[staytogether]

We have a date for the Sheriff's sale, they've mailed us multiple copies and posted it on our house. They also sent us a certified copy of the same info, but we haven't been home whenever the post office has tried to deliver it and I don't care enough to drive down to the post office to pick it up.

What happens if we don't bother to sign for another copy of this letter? Anything we need to worry about?

[LoadedGuns]

Nope, all part of the process.

[AngelinaCatHub]

They simply have done their part in a good faith effort to notify you. You apparently know so it is moot. You have no liability nor worry. They will do what they would do anyway. Don't worry. 'Hub

[seth]

At least they sent you one. I never received anything, sale is on the first week of august but not a single mail from the Banks lawyer or the Sheriffs department.

good luck!

[HHM]

The lender only has a duty to send it; it doesn't matter if you never signed it.

The foreclosure will proceed as normal.

[SallyAnn]

The lender only has a duty to send it; it doesn't matter if you never signed it.

The foreclosure will proceed as normal.

Not true in my instance.

I can only speak to PA law where foreclosures are done through the courts. The last two sheriff sales were put off because I never responded to the certified mail and the sheriff couldn't serve me. The funny thing is I wasn't trying to avoid being served at all! The first time I only found the two certified mail notices deep in my mail box AFTER I got a letter from Chase's attorney's telling me I didn't respond. In the past the mailman always clipped certified mail notices to my mail box where they were easy to notice. The second time I got no notice of any kind, nothing, nothing on my door either time either! However when I got the letter from Chase telling me they couldn't contact me they also included a copy of the request to the court to override notifying me. I was then on the list for the second sale date and called up the day after the sale to see if it sold and was told it had been postponed yet again because they couldn't serve me with the papers. The next sale date is Oct 5th, but I just found out Chase sold my loan and as of next week will no longer own it so I don't know where I'm at now.

[mickeyme]

staytogether - I am in the process of my FC. I rcvd my NOD last week and I am wondering how long before I rcv NOS. I am in CA and have a 1st with GMAC & 2nd with Citi. WOuld you mind providing a time from last payment, NOD, NOS & Sale. I really am looking for a better understanding. Thanks

[Massbklawyer]

It depends on where you live

The funny thing about foreclosures is that there is no national law on the process. Each state has set its own rules and procedures to conduct a foreclosure sale. However, in most states there are 3 things that a Creditor generally must do:

1. Obtain Court approval for the sale
2. Serve the homeowner pursuant to the state statute
3. Put notice in a local newspaper

[staytogether]

Mickeyme, your best bet is to search for CA's foreclosure timeline. I live in WA state, and it's been pretty accurate in my case. Our last payment was 7/09. Received NOD 3/10. Received NOS 7/10. Sale takes place 10/10. We are moving about 1 month before the sale takes place.

[cantbreathe]

Staytogether, may I ask How is the fc going? We are in the process of a mod but will be surrendering in bk to be filed this month. We were told that the bank would probably lift the stay and begin fc proceedings immediately. We were hoping to not have to move for awhile.
Thanks.

[ryan]

MassBKLawyer: your soooo right - The thing I have learned most from participating on this forum is how much is determined by state-specific laws. Its slightly different in almost all 50 states.

[SPalin]

staytogether - I am in the process of my FC. I rcvd my NOD last week and I am wondering how long before I rcv NOS. I am in CA and have a 1st with GMAC & 2nd with Citi. WOuld you mind providing a time from last payment, NOD, NOS & Sale. I really am looking for a better understanding. Thanks

I'm in Cali and received the NOD May 24, 2010, you have 90 days once the NOD is filed. My 90 days were up August 24, 2010 and just moved out the weekend before. Noticed the Sheriff sale notice posted to front door for September 17, 2010... looks like Chase is trying to dump their foreclosures in the Central Valley, they be lucky to get $60,000 with 11 other foreclosures in my old neighborhood.. let alone the rest of them in town! Will update after the 17th to see if it really sells.

[LadyDoveFL]

I am glad that you posted this! It is a long-standing personal policy of mine (15 years plus) to refuse any and all certified mail. Doesn't matter who sent it, I simply refused. Now that I'm long-term unemployed and there doesn't seem to be a modification option that I can afford (lender won't mod down to 31% of the paltry monthly unemployment payments that I get) == AND I'm off my meds cuz I can't afford them == I just don't feel like breaking tradition and accepting certified mailings from the lender...especially since they also send the same letter via US postal...

[HakunaMatata]

Michigan people....

Please pick up your certified mail IF you wish to delay your Sheriff Sale by three months. You have limited time to respond (14 days from the date of mailing).

http://www.berrymoorman.com/publications/2009/michigan-foreclosure-law-and-loan-modification.php