House sold at auction....now what?

[goblue]

We surrendered out house in our Ch7 which discharged in May 2010. Our house was sold at auction on September 16th, but it won't be confirmed until October 4th. We are not living in the house and didn't receive any communication from the attorneys since the BK.

How will I know that the sale is confirmed and how do I get notified once the deed is out of our names? Do I have to hand over keys? Garage door openers? Again, we are not in the house and the mortgage company lawyer have not sent anything to us telling us what to do.

My county clerk's office said the attorney has to notify us 7 days before confirmation so I'm assuming we'll be getting something in the mail (I called and gave them our new mailing address to ensure we simply aren't missing anything).

TIA!

[youngnbroke]

Unfortunately I cannot answer your questions (sorry) but I was wondering when you stopped making payments? We filed Chp 7 and our 341 is on Friday...we are surrendering the house, and i have no idea when we are supposed to vacate? I'd like to stay for the free rent, but another part of me just wants to move on. How long did all that take for you before you moved? As far the foreclosure goes, i dont think it has really begun..not even sure if we got the NOD...it said we were in default but i'm not sure if that was the actual NOD. I'm so confused and feel so lost in this process. Any suggestions?? Last payment to the 1st mtg was in June, and the last 2nd mtg payment was in May 2010.

Thanks for any guidance!
P.S. I'm in Wisconsin (i know things may be different )

[tyson24]

We surrendered out house in our Ch7 which discharged in May 2010. Our house was sold at auction on September 16th, but it won't be confirmed until October 4th. We are not living in the house and didn't receive any communication from the attorneys since the BK.

How will I know that the sale is confirmed and how do I get notified once the deed is out of our names? Do I have to hand over keys? Garage door openers? Again, we are not in the house and the mortgage company lawyer have not sent anything to us telling us what to do.

My county clerk's office said the attorney has to notify us 7 days before confirmation so I'm assuming we'll be getting something in the mail (I called and gave them our new mailing address to ensure we simply aren't missing anything).

TIA!

I found this regarding Illinois

"If you don't stop the Foreclosure Process prior to the Sheriff's Sale and a sale does take place, you should move your family and possessions out within two to three weeks after the sale....... if you do not want the Sheriff to evict you, your family, and your personal belongings." (Findlaw)

Hope this helps.

[ccsjoe]

You don't need to worry about handing in keys, garage opener or anything like that. If you want, you can lock up the house leaving most keys and openers inside. First thing they'll do upon recording the sale (confirmation) is to get someone there to re-key and re-code the garage opener.

How to find out? Check your county recorder's office or I believe Illinois is a judicial state, so check the law firm that handled the sale or whomever the trustee for the lender was.

[AbbeyA]

In Illinois, you have 30 days from the confirmation of the sale to leave the home.

[iv65536]

Unfortunately I cannot answer your questions (sorry) but I was wondering when you stopped making payments? We filed Chp 7 and our 341 is on Friday...we are surrendering the house, and i have no idea when we are supposed to vacate? I'd like to stay for the free rent, but another part of me just wants to move on. How long did all that take for you before you moved? As far the foreclosure goes, i dont think it has really begun..not even sure if we got the NOD...it said we were in default but i'm not sure if that was the actual NOD. I'm so confused and feel so lost in this process. Any suggestions?? Last payment to the 1st mtg was in June, and the last 2nd mtg payment was in May 2010.

Thanks for any guidance!
P.S. I'm in Wisconsin (i know things may be different )

You may want to find out from the clerk of the circuit court in your county to see where your case is. It may be a while before you have to move; I have seen some cases in St. Croix County that are just now getting to the sale after being pending since 2008.

I'm sure some counties move faster than others, but there are three full boards of foreclosure sale notices at the courthouse in Hudson. Keep in mind that St. Croix is a suburban/exurban county.

[goblue]

THANKS everyone. My husband went by yesterday to leave the garage door openers to find they already changed the locks and are gutting the house. Oh yeah, and there is a FOR SALE BY OWNER sign in the lawn. I called the county and they told me I could go to the police as this is an illegal eviction. They said the buyer (won't be confirmed until Monday) got ahead of themselves - probably realized we were not living there and decided to get a jump start on flipping the house. Part of me wishes my husband wouldn't have left the garage door openers as that was the only way we could access OUR house for the next few days. We don't want to do anything to slow down this process so we're not intending to do anything, but I do feel violated by the buyer for them taking possession before they legally could. How can they get the locks changed if they are not the owner of the property?

To answer youngnbroke -- our last mortgage payment was made in August 2009. We filed in January 2010 with the intent to surrender the house. House went up for auction on September 16, 2010 and is being confirmed on October 4, 2010. We moved in March 2010 because we wanted to ensure we could find a rental property willing to work with our 3 dogs. I actually thought the foreclosure process would take longer -- now that it's just about done, I'm glad we moved when we did -- we found a great house in a great location with a really good landlord. We were never notified of the sale date (we're having issues with our mail delivery so maybe the forwarding process didn't work well) -- I just happened to stumble upon it on the county website one day. But, they attorney said they mailed us notification on August 27th -- approximately 3 weeks before the auction date. On September 22nd, they supposedly mailed a letter giving us the confirmation details but we haven't received it yet (they claim it was mailed to both houses). Technically, I think we have 30 days to vacate the house after the confirmation.

HTH!