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how much time do we have from 1st late mortgage pmnt to foreclosure and sale?

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    how much time do we have from 1st late mortgage pmnt to foreclosure and sale?

    We are now 2 months late on mortgage pmnt, 2nd pmnt was due on 8/1, 3rd on 9/1, 4th on 10/1. We are not filing until the end of Oct. How long does it take for a mortgage co. to foreclose and set up sherrif's sale. We are filing Ch 13 and
    want to keep the house and continue the monthly pmnts. I just get
    nervous that things will foreclose too quick before we get filed.

    Or once they find out you plan on filing and continue payments, they are
    happy to wait because you will still be paying.
    Ch13 filed 1/13/11, 341 held 2/17/11, Confirmed 3/23/11
    1% to unsecured creditors
    25 down, 15 to go! Thanks to all for your help here on the Forum!

    #2
    This entirely depends on what State your property is in and what type of security instrument you have. The security instrument is usually a Deed of Trust or a traditional Mortgage. It will also depend if your State uses non-Judicial foreclosures.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      I am in Ohio and as far as I know, it is just a traditional mortgage.
      Ch13 filed 1/13/11, 341 held 2/17/11, Confirmed 3/23/11
      1% to unsecured creditors
      25 down, 15 to go! Thanks to all for your help here on the Forum!

      Comment


        #4
        Ohio is much like Florida and typically enjoys 7 months from time of default to foreclosure. If they are behind as much as Florida, you're looking at 11 months easy.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment


          #5
          Do you know what South Dakota is? That is where our home is but we are relocating to AZ.
          Tried debt settlmnt, stopped paying all cards 5/09/--filed bk no asset ch7 in 11/2010---DISCHARGED 2/2011!!! Still waiting to see how much more Bank of America and Fannie Mae can ruin us

          Comment


            #6
            Based on what I have seen in OH you have at least 10-12 months before it will come up for auction. You have lots of time, don't worry about it at all.

            Comment

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