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Delay Reconstruct/BofA foreclosure?

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    Delay Reconstruct/BofA foreclosure?

    Hi all,

    I'm a newbie here and this is my first post. Our house is in foreclosure (1st mortgage) and our 90 day NOD is expiring in a few days. We're in No CA/Stockton area & Recontrust (BofA) is handling the foreclousure. My understanding is we should be receiving the notice of trustee sale soon. If for example the NOD 90 day notice expires 10/10, does that mean the sale date could be as earliest as 10/31? I checked the Reconstruct website for upcoming sales but ours doesn't yet show up.

    My question is that is it too late to contact them to work out something (loan modification?) Will this temporarily delay the sale date until we are ready to file ch7? I'm just so embarrassed to call and I know that I have to think of it as a business transaction. I just can't help thinking that the person on the other line will look down on, scold me, etc for being in this situation. I would really appreciate your experience with Reconstruct/BofA or any other advice. Thank you!

    Jennifer R

    #2
    I can understand your feeling, but you really have to look at this strictly in a business decision perspective.

    You should receive a notice of Trustee's Sale soon after the NOD expires, at least within 20 days of the Sale Date. There will be a note posted on your front door as well as several (two to three) copies of the Notice of Sale in the mail. We received Certified Mail copies as well as regular mail copies about a week or so after NOD expired.

    I also just read a news item that BofA is also temporarily suspending foreclosures "to review procedures" (something like that), kind of like what Chase announced a little while ago. So maybe this might impact your home, who knows. But you can feel free to call BofA and ask about your options. Do not worry about the person on the other line. From my x number of calls to BofA in the past, I have learned that each operator is different, and I will get very different "tones" in their voices, but what matters most is I get an answer to my question.

    Also if you do opt for one of their alternatives to foreclosure, make sure you understand everything about that option, whether you will receive something in writing, deadlines, guarantees, and read everything before you sign anything. Use this forum as a resource. It is a source of valuable information, as well as strength. There is strength in numbers.

    Hope this helps. Good luck and stay healthy.

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