SOMEONE...ANYONE...Hopefully SOMEONE knows the answers!

[Struggling11]

After attempt, after attempt, after attempt I still have no answers. I have called Wells Fargo numerous times. I was told today our account has been referred to a local attorney to begin the Foreclosure process.

Can someone please tell me what happens next?

Also, what timeframe we are looking out before having to leave?

WF hasn't sent us anything, no calls, no letters, NOTHING!!!!

[tobee43]

i know this is a very difficult time for you...take a breath...

the sort of good news is that Delaware is a Judicial state, i'm going to take a short cut here and copy and paste this from one of my blogs...judical state....meaning that :

"Judicial foreclosures are processed through the courts, beginning with the lender filing a complaint and recording a notice of Lis Pendens. The complaint will state what the debt is, and why the default should allow the lender to foreclose and take the property given as security for the loan. The homeowner will be served notice of the complaint, either by mailing, direct service, or publication of the notice, and will have the opportunity to be heard before the court. If the court finds the debt valid, and in default, it will issue a judgment for the total amount owed, including the costs of the foreclosure process. After the judgment has been entered, a writ will be issued by the court authorizing a sheriff's sale. The sheriff's sale is an auction, open to anyone, and is held in a public place, which can range from in front of the courthouse steps, to in front of the property being auctioned. Sheriff's sales will require either cash to be paid at the time of sale, or a substantial deposit, with the balance paid from later that same day up to 30 days after the sale. Check your local procedures carefully. At the end of the auction, the highest bidder will be the owner of the property, subject to the court's confirmation of the sale. After the court has confirmed the sale, a sheriff's deed will be prepared and delivered to the highest bidder, when that deed is recorded, the highest bidder is the owner of the property."


now in most cases, this takes some time, here in florida over 2 years in many cases. in nj where our property is, it's been 3 years and still the foreclosure process is not completed.

so, the best way to see how fast or quickly the process is working in your county, is to see if the county sheriff's office posts the foreclosures and check the papers to see how quickly they are moving.
you can stall, if you want to keep the house by answering the summons when served and attempting to fight the foreclosure. many judges are more sympathetic nowadays and really do not want to see people on the streets, so many, times, the courts request the bank at least attempt to work something out with the party.

that is, if you want to keep the house. and if not, it will still buy you some time.

best of luck and keep us posted. i'm certain others will chime in with more info for you as well..

[october99]

I am also in a judicial state, but I'm not sure how similar the laws are from state to state. Once it was referred to the law firm they filed the lis pendens and started foreclosure process. For me the timeline has clipped along.

90 days late NOD
30 days later lis pendens
Served papers by sheriff
Filed bk, so they filed for relief and will proceed

The next step is that they must notify and post the sale for 3 consecutive weeks. After it has been posted it should go to auction the next month (my state does them on the first Monday of each month). After that it should be open for bids for 30 days then the buyer can take possession and start eviction process.

[Struggling11]

Thank you for the feedback! I'll keep everyone posted through the process.

[Cherinfo]

I am also in a judicial state, but I'm not sure how similar the laws are from state to state. Once it was referred to the law firm they filed the lis pendens and started foreclosure process. For me the timeline has clipped along.

90 days late NOD
30 days later lis pendens
Served papers by sheriff
Filed bk, so they filed for relief and will proceed

The next step is that they must notify and post the sale for 3 consecutive weeks. After it has been posted it should go to auction the next month (my state does them on the first Monday of each month). After that it should be open for bids for 30 days then the buyer can take possession and start eviction process.

A bit confused, after relief from stay shouldn't the next step be receiving papers for MSJ? I believe I am at that point in the fore-closer process and I keep checking dockets for bank to request MJS. Anyone?

[october99]

What is MJS?

[Cherinfo]

A bit confused, after relief from stay shouldn't the next step be receiving papers for MSJ? (motion summary judgement) I believe I am at that point in the fore-closer process and I keep checking dockets for bank to request MSJ Anyone?

bump

[Cherinfo]

What is MJS?

Sorry Meant MSJ (motion for summary judgment)

[CCCrazy]

After attempt, after attempt, after attempt I still have no answers. I have called Wells Fargo numerous times. I was told today our account has been referred to a local attorney to begin the Foreclosure process.

Can someone please tell me what happens next?

Also, what timeframe we are looking out before having to leave?

WF hasn't sent us anything, no calls, no letters, NOTHING!!!!

Hi Struggling, I have WF also and I'm in IL...a judicial state...I think I'm now 9 months without a mortgage payment and I just received a letter saying it was referred to a local attorney here for foreclosure. That was two weeks ago. I'm going to fight this tooth and nail because WF has been diddling with me over loan mods this entire time - they even just tried to get me to start paying my mortgage again since my "investor" needs to see three months of payments...I laughed at them.

The nice thing about IL is that banks are REQUIRED by LAW to go to court mediation first to try to work out a loan mod before the court proceedings even begin...at the very least I plan to live rent free for a very long time.