Respond? How?

[bk2009]

We were served with foreclosure papers right before Christmas, so we need to move on responding, I know.

We have not filed BK yet, we were still discussing what to do with the house. We were afraid that being behind if we filed BK first, they'd file immediately and we wouldn't have as much time in the house. We were trying to work out an agreement, but then the bank went ahead. DH was laid off a significant amount of time over the last three years. When we got three months behind this summer (we've been behind for awhile, but never that behind) they wouldn't accept any more payments, or so they told us.

We're in NE Ohio. We originally had Country Wide. We were taken over by BOA. I believe the papers came from Mellon Bank? I would have to double check, but it was definitely not BOA. Will filing a response by us that much time? Is it something we can do on our own? Do we need a lawyer?

We don't have enough cash to file yet, but we could put money down on an attorney. Oh, we're thinking a 7, as we're within the guidelines.

Any advice is appreciated. I'm going to be setting up some visits with some BK lawyers, but I find that everyone on the board is very knowledgeable and it helps to have some background to know what to ask.

[AZNoName]

by 'foreclosure papers' did you recieve the Notice of Default via certified mail? Did you receive a trustee sale notice? How long do you have before the auction?

From my understanding, if you file before the auction date, you could delay your foreclosure. Although it took me about a month to get my situation in order before I could file. I've heard of people coming in the day before the auction needing to file BK and they're just too late to stop the sale.

[bk2009]

It's through the courts, we have 28 days to respond. From what people have told me around here, it usually takes 4-6 months once they get the foreclosure action to come kick you out. But that was a year or more ago, so who knows how long that actually takes these days.