Judicial vs. non-Judicial states???

[Wantmypeace]

Okay, so once I know there's an auction taking place, I need to find a place to rent ASAP! I have three kids, so I don't want to be forcefully evicted, of course. If I stop paying Nov.1, that makes me 90 days late (NOD) Feb 1, then 60 more days for Notice of Sale, April 1, plus 21 days for the sale, so the soonest we'd have to be out would be the end of April. Does my reasoning make sense?

If we file in March, everything would be put on hold re: foreclosure, right? So, even if they followed the timeline, we'd get the time it took until discharge to find a place to rent? We could very feasibly just wait until summer break to move. Again, does my reasoning make sense?

[tobee43]

Now I understand. No, CA sings the code as is, however it is to the discretion of the lenders when to enforce each step, e.g. when to send NOD, when to assign deed to servicer, when to file Notice of Trustee Sale. That's where it seems things go haywire. The actual sequence of the steps remains the same otherwise the lender can get royally sued for failure to comply with the code. Now, how long in between your last payment and an NOD or between an NOD and a notoce of trustee sale is anyone's guess at this point.

oh yes, i absolutely agree...and those procedures must be followed. and again your right who knows how long it will take at this point!

[ccsjoe]

Your reasoning makes sense, however...lender can issue an NOD at any time you are late, typically 90 days, but I have seen some do at 60. There is no legal requirement for when to issue NOD other than it must be at least 30 days late. All other timelines are minimums. Why are you thinking of delaying filing until March?

[tobee43]

But, the timeline you listed is the MINIMUM that would be legal, right?

I went to my Sheriff's site, and I can't find ANYTHING about foreclosures. Is there another name for the "process" that I'm missing. Not sure exactly what I'm looking for to find out what has been typical in my area...

in my county there is a sheriff's site that lists all the foreclosures...maybe your county doesn't have it...although doubtful???

first you have to get to the county site....then the sheriff's....it should list the foreclosure sales...if not google your county and list of foreclosures.

[tobee43]

Okay, so once I know there's an auction taking place, I need to find a place to rent ASAP! I have three kids, so I don't want to be forcefully evicted, of course. If I stop paying Nov.1, that makes me 90 days late (NOD) Feb 1, then 60 more days for Notice of Sale, April 1, plus 21 days for the sale, so the soonest we'd have to be out would be the end of April. Does my reasoning make sense?

If we file in March, everything would be put on hold re: foreclosure, right? So, even if they followed the timeline, we'd get the time it took until discharge to find a place to rent? We could very feasibly just wait until summer break to move. Again, does my reasoning make sense?

it does...as long as you have good enough credit to get a place...we planned MONTHS in advance and got our place prior to losing the house...since we were not paying the mortgage anyway we were able to secure a nice place...before the ....hit the fan.

[Wantmypeace]

We are waiting until March because we're losing my income, and we need to be low enough to qualify for Ch.7. I like your strategy, and I think we will probably do the same thing. We'll look for a place while we are in BK. That way, we won't have to pack up and leave in a hurry.

I can't seem to find the foreclosures, even following your instructions. I tried Googling, but I just get pay-for sites to get data. I'll keep looking...

[ccsjoe]

Wantmypeace, follow this link, giving you a summary, then click on the link at the bottom of the page to go straight into the CA civil code.

http://www.foreclosurelaw.org/California_Foreclosure_Law.htm

[Wantmypeace]

You're the bomb, joe...

[tobee43]

You're the bomb, joe...

joe is absolutely the BOMB!!

and wantmyupeace...good for you, for careful and mindful planning and strategy....kudo's to u

[Wantmypeace]

Thanks!

[tobee43]

Thanks!

make certain you let us know how you make out with everything!!!

[Wantmypeace]

Oh, I will. It's going to be a long process over the next 6-9 months, but I will check in here regularly.

[tobee43]

Oh, I will. It's going to be a long process over the next 6-9 months, but I will check in here regularly.

oh please do...if nothing else...just to help maybe release some stress...i know you have been a member for a while, but it's just great to have the support and help when we have questions or just are feeling a bit down!

best of luck to you, but you'll do just fine, i know!