Notice of Default after BK

[Wantmypeace]

Our BK7 has been discharged since 5/23/11, and we let the house go in the BK. Our lender (Wells Fargo) still has not filed a Notice of Default. I just checked the County Recorder's site, and still nothing. I have read and read about the timeline in California, but I'm unclear about how it is different if you've surrendered the house in BK.

When I finally see the Notice of Default filed online (I check once a week), is there a minimum timeline before Wells Fargo can set an auction/sale date?

Once the sale date is set, how long after the sale do we have to vacate? (I've read 3 days, and then I've read 30 days, and then I've read Cash 4 Keys/Negotiate, so I'm really confused!)

Thank you for any help you can give us!

[tobee43]

whatmypeace!! so good to see you!!!

calif is a bit odd, sometimes they work really fast and other times it's slow. also since calif can go either way judicial or non-judicial, that would depend on how much time you have left to stay.

but, either way it's really no surprise that it will happen at some point. to me, being prepared is the key to a less stressful transition. we lined up our place to go months before we left, just because we needed to know where we were going it was the "when" question that was the killer. so finally WE decided not to wait for that knock on the door and we set a date on the calendar and stuck to it.

it really did help us to adjust to the situation by being prepared. i have heard people from calif., depending on whom, where and when it can be as long as 90 days but even shorter time periods on others. just don't wait until the last notice...that will give you 5 days and they can come and put your stuff on the street...see this thread from helpme in calif...who just rec'd a Notice of Unlawful Detainer (Eviction) from Court:

http://www.bkforum.com/showthread.php?72167-Notice-of-Unlawful-Detainer-(Eviction)-from-Court&p=532887#post532887

i put a web site that may help answer of at least give you a lead to some of your questions.: www.courtinfo.ca.gov/cgi-bin/forms.cgi

hope that helps and best of luck to you!!!! it will all be fine..really!

[Wantmypeace]

Hi, Tobee!

We're still waiting for our case to "close," but it's been nice to be able to relax since our discharge in May.

I'm still dealing with a lot of medical problems (remember docs thought I had Lupus back in October, then diagnosed me with Arthritis and CFIDS, and now they're testing for MS) so I'm not online as much. I do try to watch for anything where I can offer some advice.

At any rate, I will check those sites! Thank you!

[tobee43]

i do remember, and have been thinking about you!! praying daily.

i hope all works out for the best, i am certain it will. just keep moving forward and i know pushing everyday is hard!!!

take care and keep posting when you are up to it!

[Wantmypeace]

Thank you, Tobee! I SOOO appreciate the prayers! Will definitely keep you updated! (((HUGS!)))

[tobee43]

Thank you, Tobee! I SOOO appreciate the prayers! Will definitely keep you updated! (((HUGS!)))

make certain you do!