When did B of A serve you in Los Angeles or SoCal?

[MaxHouston]

Upon reading the posting by “Discouraged” below, I have a question.

"Here in MN once you get the notice from their attorney that it will be going into a sheriff's sale - approx a month after you get the letter saying it's going to their attorney - another month until the sheriff's sale and then a 6 month redemption period. I received my info from the city Foreclosure Prevention office (they told me to file bk). You may be able to get the info from an office in CA or, as I said, hopefully a CA foreclosure person will respond."

To those of you that live in Southern California or the Los Angeles area, how were you served with your Bank Of America Foreclosure notice? Did you get a letter from B of A’s lawyer telling you about a sherif sale? Did the sherif just show up out of the blue one day at your front door to serve you papers? Did a process server serve you with papers?

How does the 6 month redemption period work?

Max

[slam22]

Upon reading the posting by “Discouraged” below, I have a question.

"Here in MN once you get the notice from their attorney that it will be going into a sheriff's sale - approx a month after you get the letter saying it's going to their attorney - another month until the sheriff's sale and then a 6 month redemption period. I received my info from the city Foreclosure Prevention office (they told me to file bk). You may be able to get the info from an office in CA or, as I said, hopefully a CA foreclosure person will respond."

To those of you that live in Southern California or the Los Angeles area, how were you served with your Bank Of America Foreclosure notice? Did you get a letter from B of A’s lawyer telling you about a sherif sale? Did the sherif just show up out of the blue one day at your front door to serve you papers? Did a process server serve you with papers?

How does the 6 month redemption period work?

Max

In California the first step in foreclosure is the bank(Trustee) filing a Notice of Default (NOD) with the county in which the property is located. You should receive notice in the mail. Perhaps certified. 90 days must pass. At the conclusion of the 90 day period the bank can file a Notice of Trustee Sale. The earliest the sale can happen after this filing is approx. 3 weeks. As a practical matter this rarely happens that quick in CA. Again, it depends on the bank and the location of the property. Also there is no redemption period in California. As to overall timing it's a real crap shoot. In our situation we have not made a payment on either our 1st or HELOC for three years to Bank of America and to date they have not filed a Notice of Default. We have lived in the home the entire time. Your mileage may vary. Good luck.

[MaxHouston]

Thank you very much for the information Slam22. I appreciate it very much.

Since I have a more detailed question about my foreclosure problem online already, I would like to add that I received my NOD 5 times in late August of last year. 1 was certified, 1 was delivered FedEx, the following 3 were delivered by regular US Mail. All 5 NODs were delivered in 6 days, one day after another almost. Yet when the B of A robo doc scandal broke out in October, it gave a lot of people more time.

Monday, I received a letter from B of A stating that since they had not received any mortgage payments, my loan had been sent to their Foreclosure Review Department, yet they gave me several options to work out a payment plan with them, plus they provided a telephone number to call, but they gave no deadline to do this. Whereas they gave me an October 15, 2010 deadline to workout a deal with the NOD. Yet I wanted to see what happened after the rob doc signing scandal, since I could not pay, and was exploring my BK options back then.

Then on Wednesday, I received another letter from B of A, where they basically requested that I provide a copy of my homeowners insurance coverage, and they said that my house was in foreclosure.

Today (now just 2 days later after the Wednesday’s B of A letter), I have received a letter from a lawyer telling me that he can help me, now that B of A has started foreclosure proceedings on my property.

Upon getting that letter from the lawyer today, I am now wondering if I can go online to see if B of A has filed the NOD with the county, and wondering if that is how that lawyer has found me and provided me with this alarming information. In my case, 6 months has passed since I received my NOD. Yet I did receive 2 pieces of alarming mail in January, where 2 different foreclosure help companies was basically was telling me that they could help me avoid foreclosure. So I figure that there must be something made public record either in a pre-foreclosure or foreclosure preceding status, where people can get this information, and then start trying to drum up their foreclosure prevention business.

Thanks again for your help Slam22. I am glad that things have worked out for you and your family. Though B of A never filed your NOD with the county, by chance did you start receiving junk mail from law offices and foreclosure prevention type companies over the past 3 years? Also, did you ever received a NOD from B of A, since you said that they never filed your NOD with the county?

Max

[Billssuck]

Slam22: 3 years! Wow! I'm with BOA too (1st and HELOC) and 10 months since last payment. No relief from stay since I'm in a ch13 and no NOD yet. Guess I could be in for a much longer time here. But then again, like you said, it is all a crap shoot on how much time anyone has when going through FC.

[MaxHouston]

Hey there Billssuck, since I am new to all of this, how does a "stay" work? Is that part of your ch13? Because, based on what I have read, when you file ch7 or ch13, it seems to put a foreclosure on hold (if a home is in foreclosure during the bk filing), but the house seems to be addressed in a bk (whether the house payments are up to date or behind).

Though you are 10 months behind in your mortgage payments, are you behind in your homeowners insurance payments as well and or did B of A add homeowners insurance to your home provided by them if you do not have your own homeowners insurance? Lastly, how many months were you behind in your mortgage before you filed your ch13 bk?

Yet since I live in California, I know that our foreclosures laws are different from Missouri's.

Max

[Billssuck]

Hey there Billssuck, since I am new to all of this, how does a "stay" work? Is that part of your ch13? Because, based on what I have read, when you file ch7 or ch13, it seems to put a foreclosure on hold (if a home is in foreclosure during the bk filing), but the house seems to be addressed in a bk (whether the house payments are up to date or behind).

Though you are 10 months behind in your mortgage payments, are you behind in your homeowners insurance payments as well and or did B of A add homeowners insurance to your home provided by them if you do not have your own homeowners insurance? Lastly, how many months were you behind in your mortgage before you filed your ch13 bk?

Yet since I live in California, I know that our foreclosures laws are different from Missouri's.

Max

Max,

The automatic stay is the legal requirement provided by law that creditors aren't allowed to communicate with you about a debt while you're in an active ch13. Therefore, the bank can't communicate with you about the foreclosure unless they get it lifted by getting this approved by a judge. So yes it can delay foreclosure.

When we filed our ch13, we weren't behind on our mortgages. In fact, we got in the ch13 in the beginning to save the house. But 5 months after being in the ch13, my husband lost his job and we could no longer afford the payments. So, we modified our ch13 to surrender the house, and that is where the 10 months without payments have come from.

We still have our original homeowner's insurance but the bank is paying for it (along with our property taxes). We're just waiting on BOA to take some action on the foreclosure.

Good luck to you!

[BrokeIn2011]

Thank you very much Billssuck. I appreciate you shedding more light on your situation. I wish you and your family the best of luck during this very devastating and difficult time.

Warmest regards,

Max