Is my Notice of Default (NOD) online?

[MaxHouston]

Quick question. I live in Los Angeles County (in a city located in Los Angeles county, California), is there a way to see if my mortgage lender (Bank of America) has filed my Notice of Default (NOD) with the county in which the property is located online?

Max

[MaxHouston]

P.S. I ask my original question, because today, I just received my first piece of mail from a law office that claims they want to help me, since their records indicate that my lender has already started foreclosure proceedings on my home.

[ryan]

In many jurisdictions, only very general information about court actions is available online.

I'm not in California, but in my area you can see whether there has been a lawsuit filed against you (FC or any type of civil suit). It just shows the plaintiff, defendant, and court dates. Details, such as copy of complaint, motions filed etc are not available in my jurisdiction online.

However, you can call by phone and have someone look up more details at the courthouse. Most of the operators typically can do that. They usually have access to the whole file in their computer and can answer your questions.

[CCCrazy]

hi ryan, I'm in the chicago suburbs and have wells fargo...I received my acceleration letter about a month ago saying the full past due amount had to be paid by march 1 - of course, I didn't do that. Here in IL, will I get my NOD via mail or certified mail whenever it's filed? it just won't be put online without me knowing anything will it? I'm waiting for this NOD and being served so I can move into court mediation. While waiting for this process to take hold, I'm also continuing to try to work out a loan mod with WF.

[MaxHouston]

Thank you Ryan, I will just go down to the courthouse to see if I can find anything. Here in Los Angeles, I don’t feel very optimist about trying to get answers over the phone, especially since I know how short and nasty those clerks overall tend to be at the courthouses here, from my past experiences of trying to process paperwork with them in the past. Yet that will give me a good opportunity to see if there might be other cases against me, since I have a TON of credit card past due problems.

Since my nerves have been rattled over my mounting problems, I have addressed my questions in other online foreclosure forums to try to get help . . . yet now, I do not think I ever received a formal NOD.

I just finished looking through my paperwork that I received from Bank Of America, (the letter in question) from back in late August of last year. This is the same letter that I received 5 times in a six day span. The 1st letter was certified, the 2nd letter came via FedEx, the last 3 came via regular US Mail.

Now with that being said, I am not sure if a Notice Of Default is always identified in big bold letters as such, however what I received from B of A in August 2010 is called a “NOTICE OF INTENT TO ACCELERATE”. It also states in this legal size document:

“If the default is not cured on or before October 16, 2010, the mortgage payments will be accelerated with the full amount remaining accelerated and become due and payable in full, and foreclosure proceedings will be initiated at that time. As such, the failure to cure the default may result in the foreclosure and sale of your property. If your property is foreclosed upon, the Noteholder may pursue a deficiency judgment against you to collect the balance of your loan, if permitted by law.”

Now with that being said, I had not received any other letters or notifications from B of A until this past Monday, as I am sure that the robo doc scandal slowed down their entire foreclosure process. The 1st letter stated that since they had not received any payments, they were sending my loan to their Foreclosure Review Department. Then on Wednesday, I received a letter from them stating that I need to provide a copy of my homeowners insurance, otherwise they were going to insure my house and charge me for it and they also told me (in the same letter) that my home was in foreclosure.

Then yesterday is when I received that letter from that lawyer telling me that he could help me with my foreclosure problems.

Yet now reading what has happened with CCCrazy, I am wondering will I received a formal NOD? However, one of the other members in this group that lives in California, said that he received his NOD from B of A 3 years ago, but thus far, B of A has never filed the NOD with his county, so he is still living in his house right now (after 3 years of receiving his NOD). So it sounds like once someone receives a NOD, then the lender has to then file it with the homeowners county (at least here in California), to formally continue with the foreclosure process. However in my situation, based on the lawyer's letter, he had access that shows that B of A has already started foreclosure proceedings on my home. So I am not sure what will happen next. Yet at least I will go check the courthouse records to see if I can find anything.

Max

[CCCrazy]

MaxHouston, you have to remember there are bottom feeder lawyers out there that use scare tactics in an attempt to get business...I would NEVER use a lawyer that tried to get my business in such a manner...I received tons of those mailings from BK lawyers before I filed - 'cause somehow lawyers can see your income to debt balance ratio...I think you have nothing to worry about until you get a NOD in the mail.

[discouraged]

I believe you should have received the NOD in the mail. I have BofA also and received the NOD, October or November - can't remember when exactly and the intent to send to Foreclosure Lawyer in February. I would then get something from the lawyer and finally the Sheriffs sale. Except the lawyer filed the bk March 7th and not sure how much longer it gives me until the sheriff's sale. I do know that once that occurs I then have a 6 month redemption period.

I'm not sure how CA works though. In MN they don't care what bank you are, there are procedures they have to abide with along with timelines.

[MaxHouston]

Thank you CCCrazy. I appreciate your feedback.

Well . . . when I started to become 90+ days past due on about 10 credit cards last year, I started receiving a small bit of junk mail from debt settlement companies. When I stopped paying my mortgage last summer, I did not get one piece of junk mail related to foreclosure. Then in January, I got my first and only piece of junk mail that was foreclosure prevention/help specific. Then yesterday, I got that letter from the lawyer that wants to help me with my foreclosure problem. Then today, I get 2 pieces of mail, one is from a company that helps with foreclosure problems. The second piece was from another lawyer, claiming to help with foreclosure and bankruptcy. So I figure that B of A must have done something this week, that is now generating the foreclosure and bankruptcy junk mail that I have started receiving the last two days AFTER receiving their letter on Wednesday telling me that my house is in foreclosure. Yet I do owe B of A about $40,000 on credit cards (on 4 credit cards), that I also stopped paying on last summer.

Upon reading your reply about the bottom feeder lawyers, I took a good look at the letter I received today from that one lawyer, and I see that he has a poor and and un-professional website (that he did not list in his letter). His business address comes up as one of those virtual offices, where you can rent out offices/meeting rooms by the hour or day. Thanks to Google, that is how I found his website address, and virtual office. Yet (based on his website) supposedly he is a real credentialed lawyer. Though the stationary looks very nice and professional, however the date of the letter is December 17, 2010 and the postmark is March 11th (sent via a first class 44 cent stamp).

Yet I just would love to know what B of A has done this week, that seems to have generated lawyers and businesses contacting me about foreclosure and bankruptcy. Plus the fact that they are ALL sending these letters with 44 cent first class stamps vs. the bulk mail.

Discouraged, how soon did you receive your NOD after receiving your “NOTICE OF INTENT TO ACCELERATE”? Did they send your NOD certified or did they send it in the regular US mail? Since B of A took over Countrywide, I only get two size mailings from B of A. One is the normal letter size envelope and the other is just a little larger than a sheet of paper folded from the top to the bottom. These are the size envelopes that I receive my mortgage bills in and this was the same size envelope that I received the certified letter with the “NOTICE OF INTENT TO ACCELERATE”. By chance do you know what size envelope that they sent your NOD? Yet it seems that at least with your NOD, they told you that they would be sending it to their Foreclosure Lawyer in February. So at least you know what is happening. Whereas I am just sitting in limbo, since I do not know what their next move will be. Yet I know that I at least need to go to the courthouse to see what I can find. Yet in my situation, since I live in California, here is what happens:

The Notice of Default is the beginning of the foreclosure process in California.

Notice of Default period runs three months followed by an approximate 3 week Notice of Trustee's Sale period, then the public auction. There is no redemption period after the
Trustee's Sale.

Out of curiosity Discouraged, before you and your lawyer filed for BK on the 7th of this month, did you receive anything from the B of A Foreclosure lawyer as of yet (after your BK filing), since February has come and gone?

Now with that being said, based on some of the feedback I have received about my situation, it sounds like I have to wait to hear from the B of A lawyer to see what they plan to do next. Yet I just know that they did something this week, that has generated this new junk mail that I have received yesterday and today. UGH!!!

Max

[discouraged]

MaxHouston - I can find every other piece of paper except that one. I know it's here, along with 2 zillion other pieces of paper, receipts, bills, etc. but can't find that one specific one yet. Will keep searching. The Notice of Intent to Accelerate came in September. The notice that it would be sent to their Foreclosure lawyer was in February - so sometimes in-between them. Have not received anything from their lawyer as of yet. And now the bk filing may have stopped it - still not sure how that works.

In MN the timeline (as given to me by the Foreclosure Prevention Office) is: 3 months of collection efforts, 4th month it goes to their foreclosing attorney, 5th month attorney schedules Sheriffs sale date, 6th month occupant served with notice of Sheriffs Sale (four weeks before sale.), 7th month Sheriffs Sale occurs - this is the deadline to bring mortgage current. There is then a 6 month redemption period when "Homeowner retains right to occupy house and pay off entire Sheriff's Sale, including fees. Must pay amount or vacate house by end of redemption period or face eviction."
Now, B of A is already behind, having not informed me they are transferring to foreclosure department until the 9th month (should have been October rather than February) so I don't know when they will start the process.

I just wonder if you can get a timeline from a foreclosure prevention office there? If you go through a HUD certified office they should be able to tell you the procedure I would think. My appointment was through the city and was free as I was/am unemployed. They are the ones who suggested I go through bankruptcy due to the economy. They even paid for the financial counselor who totally agreed and gave me the certificate of financial counseling for the bk.

I've heard that program is ending in April, due to lack of funding so guess I just lucked out. Both the city case manager and the financial counselor walked me through the timelines and what to expect. I think I reminded them of their mothers though as I am 57 and both of their mothers are around my age. May have got them thinking of the "what if" situation (if it were their mother).

[MaxHouston]

Thank you very much Discouraged. I really appreciate you shedding more light on your situation. With all of the detailed information that you have provided, it gives me a lot of food for thought. Yet what you have provided is most helpful. Thank you so much for sharing it with me. Since I can not find that I received a NOD, I am going to go down to the courthouse to see if B of A has filed it, and then I will ponder my options then. I will also check to see if we have a Foreclosure Prevention office here. Yet I think the foreclosure process for most of the nation was slowed down last fall, when the robo doc scandal broke out . . . so maybe I did in fact DID NOT receive a NOD. Yet I am sure that B of A figured, since I knew that I was in default and not making any payments, I should know that a foreclosure was imminent, so it did not matter if they sent me a NOD or not.

Now that the robo doc problem is suppose to be over, I heard in the news a few weeks ago, that the mortgage lenders will be moving full steam ahead with foreclosures from now on. FROWN!

Thanks a MILLION!!! Good luck to you, and I hope that things will now get much better for you and your family.

Max

[CCCrazy]

It's a matter of law...the bank has to mail you a NOD.

[MaxHouston]

Thank you CCCrazy. Thus far, I can not find that I every received a NOD out of all of the paperwork that I have received from B of A thus far, but the acceleration notice is the only thing I have received certified from them. Yet I am surprised that they did not at least send the NOD certified. However I do not seem to find anything in my paperwork called out as a NOD. Yet since Discouraged has not found her NOD in her paperwork yet, plus B of A had to deal with the rob doc scandal late last year, I am still thinking that B of A may have just said that all of these customers have received their certified acceleration letter AND each customer knows that they are several months behind in their mortgage anyway, so they figure they could just skip the NOD and say that each customer knew that a foreclosure was imminent (since they have proof the customer received the accelerator letter), yet they (B of A) have opted to act upon the foreclosure proceedings whenever they want (via the accelerator letter), since these customers were already at least 2 months behind when they received their accelerator letter, and they can technically start the foreclosure proceedings as soon as a customer is 2 months past due in their mortgage payments.

Now with that being said, it would be interesting to know if a NOD is usually mailed certified or is it mailed via regular US mail, and also basically what does the NOD look like and what does it basically say.

Thanks again CCCrazy, I appreciate your input.

Max

[goodyphilips]

Look at this link it might help you: http://www.ehow.com/how_6053338_notice-default.html

[MaxHouston]

Thank you Goodyphilips! I appreciate the help and the link.

Max

[leopold1]

Not from CA but in my case(FL), I received the NOD thru their lawyer and shortly after I was served the LP.