foreclosure question

[nevada]

I am close to having my chapter 13 discharged. i have not yet received any kind of notice of foreclosure on the home. I assume i would get something in the mail or a note on the door? i filed in early July, had trustee meeting in mid august and am now in the wait mode. what is the typical amount of time before being asked to vacate? is there a particular time in the process when foreclosure is started? im trying to get an idea on when i will need to move out. any help is appreciated!

[ccsjoe]

First you will need to receive a notice of default. You can also check your county recorder's website to see if anything was issued. They are supposed to mail you a copy at the very least. However, please note that there is a current wave of foreclosure halts started by action against Chase and now BofA has joined in freezing foreclosures. You may want to check against your lender.

Ultimately, understand that the bk process is separate from the foreclosure process and ruled by different laws. You filing bk and receiving your discharge does not in any way alter the lender's requirements to comply with foreclosure laws in your state.

[tobee43]

I am close to having my chapter 13 discharged. i have not yet received any kind of notice of foreclosure on the home. I assume i would get something in the mail or a note on the door? i filed in early July, had trustee meeting in mid august and am now in the wait mode. what is the typical amount of time before being asked to vacate? is there a particular time in the process when foreclosure is started? im trying to get an idea on when i will need to move out. any help is appreciated!

also....many of the banks have now halted all foreclosures due to problems with paperwork.


we have been waiting over 2 years.

[nevada]

ok thank you for the info. i appreciate it.

[melissah34]

We are with BOA. My last payment was in May of this year. I haven't received anything. I called after my discharge to find out where they were in the process and she told me that they haven't received notice of bk closing so I guess they were waiting for that. They closed my case and then opened it back up a few days later for reaffirmation hearing for a car so I don't know if that will hault it even further or not.

I don't think that Nevada is currently on the list of the states that they were stopping foreclosures but who knows.

[tobee43]

We are with BOA. My last payment was in May of this year. I haven't received anything. I called after my discharge to find out where they were in the process and she told me that they haven't received notice of bk closing so I guess they were waiting for that. They closed my case and then opened it back up a few days later for reaffirmation hearing for a car so I don't know if that will hault it even further or not.

I don't think that Nevada is currently on the list of the states that they were stopping foreclosures but who knows.

it seems apparent no one knows...LOL!!!

i mean how sad is it when chase calls me AFTER we DID NOT reaffirm...surrendered and haven't lived there in 2 years and now they are asking US to do a loan modification.....AFTER DISCHARGE...and they said they had the notice...and i'm like...ok..now where were YOU at the 341 or why didn't you call our atty because for some odd reason a US Bankruptcy notice apparently is NOT EVEN good enough to tell you..........YOU HAVE THE HOUSE NOW...you refused to work with us....made us leave our home after 33 years and NOW you want to talk....GET REAL!!

i don't think until they get their paperwork in order anything is going to happen to our old house....except the pipes freezing again!!!

[nevada]

well it does seem odd. i listed the bank as one of the creditors with the home info, etc. there is no way they can not know yet i am still getting letters talking about the loan modification. i just took it as one hand not knowing what the other is doing. is very odd to me.

[ccsjoe]

Not too odd nevada. Bottom line is one hand truly does not know what the other is doing. I used to work at a national bank, managing deposits/investments/credit including mortgages for high net-worth individuals. I know that many times mortgage did not know what I was doing with client although we were using same system and documenting everything so anyone else could jump in. I had a client refi'ing at 4.25% and mortgage called him to offer a 4.875 promotional refi....LOL.....I had him already LOCKED! So no, not so strange.

[nevada]

Well it seems that there might be a hold on all foreclosures so i may not have to worry about it for awhile. if thats the case it would definatley help me get back on my feet.