How can I verify if NOD has been filed?

[onthebrink]

I received letters from a couple of realtors indicating that a NOD had been filed offering their short sales services to help avoid foreclosure. One even gave the precise date of the alleged filing (8/26) and included a timeline as to when the trustee sale would take place. They listed Christmas Eve as the date of trustee sale.

I have not received a NOD from Chase, and the company with whom I'm working on the loan mod tells me they checked a tracking system they have access to and said they couldn't find anything.

I checked the local county recorder's web site, a NOD had not been filed. I'm not sure who to believe. I have received offers for loan mod services over the last few months but this is the first time someone actually indicated a NOD was filed. I find it odd that realtors would contact me unless they knew for a fact the NOD was filed.

I have been told it is possible that they filed even if we are trying to negotiate a loan mod, but since I haven't received a NOD it appears they haven't filed yet. Would appreciate advice on what I should do to verify. I am reluctant to call Chase directly because I don't want to alert them.

Wouldn't Chase have to send me a NOD or warning that they were about to file a NOD before they filed with the local county?

[ccsjoe]

In order to "file" an NOD it has to be recorded. If there's no record at the local county recorder's website, then there's no NOD yet. I'd keep checking just in case the recorder is simply backed up. And yes, they have to send you a copy of the recorded instrument.

[onthebrink]

In order to "file" an NOD it has to be recorded. If there's no record at the local county recorder's website, then there's no NOD yet. I'd keep checking just in case the recorder is simply backed up. And yes, they have to send you a copy of the recorded instrument.

Thanks, ccsjoe. Wonder on what basis these realtors are making their claims...

[ccsjoe]

Here's an explanation. Realtors often work with banks. Realtors often pass on inside information about property status to each other. I'm sure within Chase there at least a dozen realtors that can see you're behind on payments and a candidate for NOD. So, were the letters from realtors offering their "services" generic advertising?

[onthebrink]

One of the letter reads "Are you in financial distress because of your mortgage?". Another reads, "If you are behind on your mortgage and may lose your home, please call me.", and then goes onto to offer a short sale as a means of avoiding foreclosure. The strange thing about this letter is that it lists Notice of Default 8/26/2010 and Projected Notice of Trustee's Sale as 12/3/2010. The fact they list a date for a NOD is what has me spooked.

[ccsjoe]

When you checked the county recorder's website, did you do a record search for your last name only? I presume the property is titled in your name....if so, search only your last name and see what comes up. You should see all the other deed instruments recorded regarding the property since you bought it.

[onthebrink]

I did a search on my last name and all the deed instruments came up but no NOD...

[ccsjoe]

Then you've done your homework. If it's not recorded, and you were not provided with a recorded copy then it doesn't exist. Just for being totally safe I'd search for property APN or address records or look for NOD's from Chase for 8/26/10 with the county recorder. Short of calling Chase, you should be ok.

[ryan]

I have to tell you in some court districts the online court record is not always correct.

I have experienced this myself. I go online to check if any new lawsuits have been filed against me.
I input my name and other data it requires....shows nothing new.

I go to court 2 days later and the court docket shows a lawsuit filed 2 weeks ago!...

I would only believe what I saw in the courthouse.

[onthebrink]

Then you've done your homework. If it's not recorded, and you were not provided with a recorded copy then it doesn't exist. Just for being totally safe I'd search for property APN or address records or look for NOD's from Chase for 8/26/10 with the county recorder. Short of calling Chase, you should be ok.

Thanks!

[ccsjoe]

I have to tell you in some court districts the online court record is not always correct.

I have experienced this myself. I go online to check if any new lawsuits have been filed against me.
I input my name and other data it requires....shows nothing new.

I go to court 2 days later and the court docket shows a lawsuit filed 2 weeks ago!...

I would only believe what I saw in the courthouse.

Thanks Ryan, I hadn't even thought about that in this instant digital world we live in. Onthebrink, might be worth your while to follow ryan's suggestion and visit your courthouse.

[onthebrink]

Thanks Ryan, I hadn't even thought about that in this instant digital world we live in. Onthebrink, might be worth your while to follow ryan's suggestion and visit your courthouse.

Thanks guys. Better safe than sorry...

[onthebrink]

I have to tell you in some court districts the online court record is not always correct.

I have experienced this myself. I go online to check if any new lawsuits have been filed against me.
I input my name and other data it requires....shows nothing new.

I go to court 2 days later and the court docket shows a lawsuit filed 2 weeks ago!...

I would only believe what I saw in the courthouse.

Did the lawsuit eventually show up online? If so, how long after?

[ryan]

Yes, but ONLY if I look it up under the case #...which I wouldn't even have if I didn't know one was filed in the first place.

Turns out, only CLOSED cases online are accessible in my court merely by your NAME...otherwise active cases require a case number to look up -----amazing!

YMMV of course.

[ccsjoe]

onthebrink, do you live in a judicial or non judicial foreclosure state? If the latter, there would be no lawsuit, only an instrument recorded.