how long after notice of trustee's sale do i have t...

how long after notice of trustee's sale do i have to move or to get eviction

Posted by almagutz
from CA




95 Answers

1
Recieved a Notice of Trustee's sale taped to me door today. How can i stop the sale of my home? If the home payments are brought to current before the sell date does that stop it?

Answered by Cesar


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Hi Cesar, If you pay your loan current you can reinstate your loan. You can also consult with an attorney that can assist you in delaying the foreclosure. If you intend to pay your loan current you will want to act very quickly. Time is of the essence. Michelle
Please visit our website and call me at 866-607-0318 ext. 2032. Or E-mail me ASAP. We can definately stop your sale and lower your parents on a low fee. We have a group of mortgage underwriters and mitigators that will assist you and contact your lender, by represention, to get you a lower rate, and restructure your loan. www.mymembership.org shakia Andrews
0
ive been renting a home for about 10 months and just recieved a notice on my door to my landlord that he has until the 31st of oct to take action on his property before it is sold in a public auction ive been paying my rent now that im going to have to move is there any way i could get my money back?

Answered by christina


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Hi Christina, The rent on the property is due and can be legally collected even if the property is in foreclosure. You agreed to pay a monthly rental amount for the property and you have received the benefit of occupancy so the rent is technically due. Many tenants stop paying rent when the property is in foreclosure because they assume that the landlord will not evict them if they are losing property anyway. If the property does go to trustee sale then you would be given a 90 day notice as outlined in the Protecting Tenants in Foreclosure Act. Oftentimes the lender/investor will offer you a cash for keys incentive to move by a certain date and leave the property in a reasonable condition. It is doubtful that you will get any money from the current landlord (this includes your deposit) which means you may want to rethink paying any additional rent. Keep in mind that if the landlord is able to negotiate a modification and save the property then they may pursue an eviction for non-payment. Michelle
0
I live in California, I wonder if the (one action law protects me) Any Ideas?

Answered by Phyllis


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Hi Phyllis, The one action rule does apply in CA. If the lender forecloses on your home then they have taken their "one action" and cannot pursue collection on any deficiency. Keep in mind that this would not apply for cases where they can prove mortgage fraud or other criminal activity on the loan. Michelle
0
I am currently renting a house in Cal. A few weeks ago I was contacted by a unknown party looking for my landlord. They inform me that the house will be auction an week from that day. Which would have been 2-23-11. Now I have contacted my landlord and she said they are wrong and she still expects us to pay rent. These peolpe are still calling and I'm not sure what to do. I have tried to look for trustee of sale or some kind of document stating she is no longer owner. In our county records she is still listed as the owner. If I do pay rent and she looses the house what is the next step as far the auction and how long would i have to find a new place? How long will the cash for keys take? Please respond back...confused & concern in cali

Answered by Shanda


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Hi Shanda, One of the unique features of ForeclosureRadar is that we track all trustee sales manually and typically have sales results the same day as the auction. Since the trustees deed is recorded after the sale that means the sale will not show in public records for days/weeks. You can reach out to a local real estate agent that specializes in foreclosures and they should be able assist you with information. They could also help you locate a new rental and help you understand your rights as a tenant in a foreclosure. You can also email the address over to the support team at support@foreclosureradar.com and we would be happy to give you the updated information on the sale. Michelle
0
I am in the process of a lone modification from my lender at GMAC but I just received "Notice of Trustees Sale" today. Can I be evicted even though GMAC is still processing my workout plan?

Answered by Jan K


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call your lender and request to pospone the sale because your in a loan mod... Harry
0
Michelle, Am a tenant in San Diego county, California and apparently the house am renting was sold yesterday 1/17/12... Today a real state agent representing the 3rd party investor that bought the property came to NY residence and informed me that I had to provide them with an answer as of when we would vacate the residence... I still have 3 months left on my lease, but according to them they don't have to give new that time to find another place, which is different from what had been posted here before.. Can they really force me and my family to vacate without giving me the 90 days to vacate? is there anything I can do to make sure we don't get evicted as they indicated and not have anything bad on my record? Thank you in advance, Gabriel

Answered by Gabriel


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Hi Gabriel, Under the Federal Protecting Tenants in Foreclosure Act they are required to give you 90 days notice if you are a month to month tenant or honor the terms of your valid lease. Most investors are familiar with this law. You may want to refresh their memory. In most cases investors want the property vacated as quickly as possible. This is why many will offer a cash for keys incentive to be out by a certain date. They are required to give you at least the 90 day notice but you can negotiate with them. Michelle
0
The boxes i have packed i have put them in closet but all my plants furniture etc is still here as well as i am you have been a great help

Answered by ken


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Hi Ken, If they cannot reach you they will typically leave a note on the door asking you to call a specific phone number. If they do not hear from you and the property appears to have personal property inside they could post a notice of belief of abandonment. Michelle
0
I received a sale of trustee on my door, in Montana, how long do I have to vacate or until they "padlock" my door?

Answered by angie


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Hi Angie, The Notice of Trustee Sale should have a sale date. Once the property goes to sale the lender/investor would make contact with you to see if you are intending to vacate the property. If they cannot reach an agreement with you to move out then they would be forced to evict you. In Montana the eviction process takes anywhere from 85 days to 115 days if you go to trial. Michelle
Hi Angie, The Notice of Trustee Sale should have a sale date. Once the property goes to sale the lender/investor would make contact with you to see if you are intending to vacate the property. If they cannot reach an agreement with you to move out then they would be forced to evict you. In Montana the eviction process takes anywhere from 85 days to 115 days if you go to trial. Michelle
0
They left a notice date on my gate that there will be an auction Sept 7th. Things seem to be going a little faster in Calif. now. I stopped making my payment last Sept. so it has been a year. (I have made no effort to work with them though) I am wondering if there is a way to find out if the auction happened what it sold for and who bought it. We are getting a rental sept. 1st but would like to hang around to see if they will offer cash for keys. The lender is B of A and recon Trust has been sending us all the stuff. Thanks

Answered by Phyllis


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Hi Phyllis, You can contact the Trustee using the phone number and TS# on the notice posted to your gate. They should be able to give you the sale information. At ForeclosureRadar we do track all trustee sales, postponements and cancellations. With a subscription to ForeclosureRadar this information is easily available. You can certainly also reach out to a local Realtor in your area that subscribes to our service by using our Marketplace http://www.foreclosureradar.com/marketplace Michelle
0
I purchased a house in September of 2006 and has now been foreclosed for a few years. My parents were living with me at the time and were considered joint tenants. When signing the paperwork for the house, we were told that there would be one sum that would be paid and knew nothing of a second mortgage. My Mom had contacted the mortgage company to do a work-up for loan re-modification in early 2008 to get our payments lowered as we had an adjustable interest rate. Skip forward to the end of October 2008 and we came to find out that we were in the process of foreclosure. We received no notices of missing payments to a second mortgage in the whole time living there and no notices of the Trustees Sale. My Mom contacted an attorney to see about stopping the foreclosure but we came to find out that the property had already been closed and sold on 10/29/08. The attorney told my Mom that they could evict us if we didn't move out. We moved out before the end of November before any eviction notices were given to us but I came to find out this weekend as I am apartment hunting that there was a judicial hearing in Feb 2009 for $5,000 and an eviction was ruled as "judgement satisfied" even though I was never served or had gone to court. Now these apartment places are saying I have an eviction so it's not possible to rent from them. Also the mortgages are still showing as open accounts on my record even though someone else owns it now. Can anyone help me in what I should do?? I don't feel I should have the eviction on my credit history and the mortgages should be closed as of 3.5 years ago.

Answered by Leanne


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Hi Leanne, The laws vary from state to state. Some states are recourse states and they can pursue collection on the deficiency. You should seek advice from an attorney that specialized in the laws of your state regarding the loans that appear on your credit report. In terms of the eviction. We always recommend that people work with the lender/investor to come to some agreement to avoid eviction. Even if they started the eviction paperwork by filing the unlawful detainer and then canceled the eviction the recorded UD will still show on your record. As a former property manager I can't tell you how many people came to me and told me that they moved before the eviction but because the UD had been filed my company considered that grounds to deny the application. Given that your eviction was due to a foreclosure they may show leniency. Be prepared to explain the situation. Michelle
0
Today they came and left a sheet of paper with a business card on my door with numbers to call as well on the business card when i called the agent told me she would forward my info to the person handling it she would now was not going to be handling it when i ask why she said the bank changed their mind sounds funny to me since i only missed her by like 1 hour is this normal or should i call the bank or her agency i asked her why she said they had just notified her of the change what up with that is normal practice

Answered by ken


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My neighbors house is currently set for Trustee Sale next week 2/27/12. He and his family have left the country and abandoned the the house. Problem is, the owners brought in a couple to rent a room from them in the past 6 months before they abandoned the property. I'm sure to raise funds for their departure. These two undesireable renters (an under statement) are still in the house. Basically they are "Squatting" until the Sherriff pulls them out i'm sure. The house is completely empty! Two questions: First, how can I find out who the Lendor is to report the people? And second, are they covered under the renters rights law if they are only renting a room in the house and were actually living with the owners before they left the country? The squatters know the house is in the foreclosure process. They've even removed the Trustee Sale sign off the door..... "PLEASE HELP"!!!!!

Answered by John T.


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John: I think this is not you problem, this is the bank's , and ,they have to fix it. I can see you are well aware of what your neighbors do and when and how, and including dates. Left others alone live your life.. Bonnie
Hi John, The lender is not going to do anything about the occupants until the property goes to trustee sale and either goes back to the bank or is sold to a 3rd party. I would call the police and let them know that someone has broken into the house. If they cannot provide any documentation that they are legal tenants they will throw them out. In most areas the lenders are in contact with the code violation inspectors and the police work closely with the inspectors and the community outreach folks. Michelle
0
call your lender and ask them to pospone your sale your in a loan mod be tough and demanding..

Answered by Harry


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When i asked who that was she informed me she had no idea so how is she going to forward my info.

Answered by ken


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Hi Ken, She may had gotten the assignment from the lender/asset manager and then it was reassigned. I am not sure how common that is but I could certainly see how it could happen. You can ask her for the contact person that assigned this property to her or call any of the other numbers on the sheet. If it was reassigned then that agent would not necessarily know who the new agent would be. It may just be easier to wait for the next note. Michelle
0
Thanks michelle They contacted me and want me to sign a form that states how much they are giving me with a move out date should i sign it??? Also on the letter it states they can still evict me but after this agreement it states they can not force me out is that true will i have an eviction on my report Thanks for all your help you have been great in answering all my questions

Answered by ken


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That is a typical cash for keys agreement. Remember that they are agreeing to this amount if you are out by a certain date. This protects you also because when the date comes and you have moved out you have a signed agreement that you are getting X amount. It also protects them because you could easily say sure, "I will be out by this date" and they do not pursue an eviction and then you decide to move. Although, even if you sign the agreement and then do not move I believe they would still have to evict you. Bottom line, this is not out of the ordinary. Michelle
0
Live in Northern CA. Un- married home owner. I take care of an invalid tennat. My trustees sale happens 08/22/2012. The house is worth 95k and I owe 190K.. If the sale goes through will my tennat be elligble for the 90 day min stay? She is no mobile and is on oxygen, also has brain damage

Answered by Big Jim


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Hi Big Jim, It is doubtful that any investor or lender will want to immediately toss out a person in this condition. If I were you I would IMMEDIATELY start to find new accommodations. DO NOT wait until the trustee sale happens or plan to wait out the 90 day notice. Lets say your tenant does qualify for the 90 day notice. DO NOT wait until the 89th day to move. As a care giver you need to not be thinking about how long you can stretch this out but about what is in her best interest!!! Michelle
0
Michelle, We have a NOS for 1/20... How long after that will we need to move out?

Answered by Jeea


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Hi Jeea, If the sale happens on 1/20 (there is a chance it could postpone) then a representative of the bank or the investor will make contact with you that day or within a few days of the sale to see if you are intending to move. The are not required to give a former owner time to vacate before they start the eviction process but most lenders/investors will try to negotiate a date and in some cases even offer a cash for keys incentive for you to leave the property in good condition. If you cannot come to some agreement then they would be forces to evict you and that time line varies from state to state. Michelle
0
My house had a sale date on December 23rd. Merry Christmas, huh i didn't know what to do but a friend of mine to me to Call Vic at Lighthouse Consulting Group. Vic got my sale post-poned and now I'm suing my Lender and I have foreclosure protection until the case is settled. Call Vic @ 714 486-0654

Answered by Kurt Januski


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Yet I am another... Recieved a notice of trustee's sale. This property is currently occupied by my family in which we are the renters. Should I stop paying rent? Also, I did have a deposit placed on this rental house, should I file a claim somewhere or contact the owners? FYI, the owners are still unreachable. But we will continue to call them.

Answered by David


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Hi David, Although you are legally suppose to pay rent on a property regardless of the loan/foreclosure status many renters stop paying rent when the property is close to foreclosure because they do not believe that the landlord will evict them for non-payment if they are losing the house. The landlord would still be responsible for returning your security deposit after the foreclosure but you would probably have to take them to small claims court. Michelle
Please visit our website and call me at 866-607-0318 ext. 2032. Or E-mail me ASAP. We can definately stop your sale and lower your parents on a low fee. We have a group of mortgage underwriters and mitigators that will assist you and contact your lender, by represention, to get you a lower rate, and restructure your loan. www.mymembership.org shakia Andrews
0
we have not made a payment for 4 months now in Ca, There was someone taking pictures of the house, Is this the bank?

Answered by Phyllis


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Hi Phyllis, It is possible that the lender has sent someone to assess the condition of the property. Oftentimes the lender will want to see if the property is occupied and they will order an external BPO (Broker Prince Opinion) to assess the condition and value of the property. Michelle
Please visit our website and call me at 866-607-0318 ext. 2032. Or E-mail me ASAP. We can definately stop your sale and lower your parents on a low fee. We have a group of mortgage underwriters and mitigators that will assist you and contact your lender, by represention, to get you a lower rate, and restructure your loan. www.mymembership.org shakia Andrews
0
My house has a sale date set for tommorow, 1/19/11 I'm in California. How long do I have before I have to move?

Answered by richard


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Hi Richard, Once the property goes to trustee sale there are 2 possible outcomes. Either the property is sold to the bank or sold to a 3rd party. The representative from the bank or the investor will typically reach out to you within days of the sale to determine what your intentions are in terms of vacating the property. They may offer a cash for keys incentive for you to leave by a certain date. If you are a renter then they are required to give you a 90 day notice or honor the terms of your lease if signed prior to the Notice of Default. If you are a homeowner and you cannot come to an agreement to move they will serve you with a 3 day notice and pursue a formal eviction. If they formally evict you it could take several months but you would have an unlawful detainer on your record. When looking for a place to rent I am told that most landlords will consider people that have a foreclosure but an unlawful detainer can make it harder to rent a property. Michelle
Thank you Michelle. richard
0
My property taxes are current. My house goes to acution 11/18/11. The property taxes will be late 11/1/11. Are these my responsibility?

Answered by CHERYL BENDLE


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Hi Cheryl, The property taxes are super senior to the Deed of Trust and run with the property. The lender will pay any past due property taxes when they foreclose and resell the property. Michelle
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I just want to say that this is a very awesome and informative blog. I thank everyone for all of the questions and feedback. It has helped me out tremendously.

Answered by CJ


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We are homeowners in California. The Trustee Sale took place 8/28/12, no one bid and the home was returned to the bank. To date (fast approaching the 3 month mark) we have received NO contact or communication from the bank or any representative. Any thoughts as to why the long delay? Is this out of the ordinary? Should we just keep living there and keep waiting???

Answered by Jamie


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Hi Jamie, As shocking as this may seem this is not necessarily out of the ordinary. I have a friend that had this happen and after 9 months the lender called the homeowner to offer them a modification of the loan. I am not saying that will happen in your case but it is certainly not impossible. I would first have someone (Realtor or title company) check to see if the Trustees Deed was recorded. After the sale the lender would transfer title by recording a Trustees Deed. If the Trustees Deed has not been recorded then you still technically own the property. There are a few things that you can do. Wait it out to see what happens, contact the lender to see if they are willing to revisit a modification or contact the lender to see if they are willing to allow you to short sell the property. If the trustees deed has been recorded you can certainly call them to see if they are going to rescind the sale. It is possible that this file was somehow misplaced and it could take months for them to locate it. I have seen some miracle modifications recently where there has been a substantial principle reduction. At this point I would say anything is possible. If the home is still in your name I would certainly be reluctant to move out. As long as you are the owner of record you would be responsible for any HOA dues and code violations. I hope you will update this post as this situation unfolds. Michelle
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I just had a man show up at my front door, throw on the ground in front of me a 3 notice to quit and copy of the Turstee's Deed Upon Sale. This document clearly says at the bottome "This Form is not to be duplicated" and yet it is just a copy, with a couple of areas being blacked out. Why did we never receive notice from the bank, trustee or courts? How long before I have to move?

Answered by Denise


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Contact your lender or your title company and get a copy of the recorded trustees deed or the Notice of Trustee Sale. This will tell you if the document is valid. If it is then the 3 day notice will undoubtedly be followed up with the filing of an unlawful detainer (eviction). Look at the Trustees Deed. Who does it say now owns the property (bank or an investor). Most of the time the bank or the investor will choose to negotiate with you instead of facing a formal eviction. See if there is a phone number of someone that you can contact to start that process.

Answered by Michelle


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I am currently living in a rental property that is going through a short sale and forclosure. I received aletter for truste sale which was to take place on 04/16/2012. No one knows anything, not the property mang, they clam the owner has stop communicating with them. This leaves me stuck to what will happen next, and who owns the property. When will i be contacted by the new owner, even if it is the bank, or be served an eviction notice, will they offer me cash for keys. I am so frustrated with this whole process and no one can tell me anything I am just ready to move but who do I put my notice into. Help currently in las vegas, nv

Answered by angie


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I defaulted on my loan due to a injury that prevents me from working, injured July 5 2010. On March 14 2011 my home was up for a trustee sale. Due to a forbearance agreement made on the day before the trustee sale my mortgage company postponed the sale. My Forbearance agreement was for 6 months which ended Sept 1 2011. Since I have tried to re-negotiate with the mortgage company to allow me to keep my home but they stopped responding. Today, Oct, 18 2011, I received a notice of trustee sale again (only this time without any prior notice) that will take place in two days, on Oct 20 2011. I want to keep my home but the mortgage company won't negotiate. Now I fear all is lost as the sale is a day away. What will happen does anyone know? I read many of the above but so many seem to be a different outcome. If I am unable to stop the sale and the sale goes through ... how long will I have before I have to move? How ugly does this get ... I want to make this as easy as possible since I am alone and injured? The forbearance amount was half of my original mortgage and I offered to continue to pay that amount but needed a new agreement with the mortgage company but they refused ... I just negotiated with my second Mortgage company but without an agreement with my First what is the use ... Right??? So ... any answers out there for me??? Any ideas??? Thanks

Answered by Dale


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We got our notice of trustee sale today, we are the owners. Sale is slated for Dec 31st, happy new year!, loan through BofA.. if the sale does occur, how long do we have? should we plan on moving the 1st of the year. I see posts about 90day notice and such, but I've also read, if a 3rd party buys and wants to occupy, we can get an immidiate eviction.. is this true as we do not want to be evicted.

Answered by Steve


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Hi Steve, We do see a high percentage of postponements during the holidays which means that the sale COULD be postponed. If the sale does not postpone and the property is sold at trustee sale there are only 2 outcomes. The property either goes back to the bank or it is sold to a 3rd party investor. If the property goes back to the bank they will typically assign it to an asset manager who will hire a local agent to make contact with you. The agent will first perform the occupancy check which means knocking on the door (this could take a day or a couple of weeks) to find out who is living there and if you intend to move. They will then report back to the bank and the bank MAY offer a cash for keys incentive for you to be out by a certain date. This is usually your best bet because as the owner of the property they are not obligated to give you the 90 day notice that is required for tenants under the Protecting Tenants in Foreclosure Act. If an investor purchases the property they will typically make contact with you the same day as the sale to determine your intentions. Some investors will offer a cash for keys incentive and others will serve a 3 day notice to vacate. In most cases investors are willing to work with you to make sure that you do not do any damage to the property on your way out. Most investors would rather avoid an eviction because they take time and are costly. Again, your best bet is to negotiate with them. Michelle
Ok, that is great info.. so the best bet is to sit tight and see if someone contacts us after the sale date? We just don't want to be stuck with only days to find a place and move. We are looking to rent, but dont know if we should commit to moving yet if we don't have to.. Also, how do we find out if the sale date gets postponed or not? I'm really glad I found this resource and thank you for all your great input. Steve
You always want to be prepared to move but know that they can't just knock on the door after the sale and change the locks if you are still living there. On the Notice of Trustee Sale you will see a phone number for the trustee and a TS# (stands for trustee sale number). This phone number is likely an automated line where you can enter the TS# and find out if the sale has been postponed (and find out the new sale date). This is also where you would hear the opening bid and after the sale you would hear the results. If the property went back to the bank is would say sold to beneficiary (or back to bene) or if it sold to an investor it would say sold to 3rd party. Michelle
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If the sale is postponed (and many of them are these days for various reasons) you still own the property. If the sale takes place the bank gets to make the first bid which is called the opening bid, if no one bids above the bank than the property becomes bank owned. If a 3rd party bids above the bank then they are the owners of the property.

Answered by Michelle


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I was told it went back to the bank on 2/22. They haven't transfered the tittle yet. How long does this take and are we still legally responsible? Thank you! D. Richards
I was told it went back to the bank on 2/22. They haven't transfered the tittle yet. How long does this take and are we still legally responsible? Thank you! D. Richards
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I contacted Dont Walk Yet dot com and they were able to get me 8 more months in my house after it was foreclosed. Durring that time i was able to save money and they also had a department that helped me find a place to move into. They told me i was only going to be able to stay for 5 months but the attorney who was trying to evict us had not done his paperwork right and we were able to stay longer.

Answered by Kelly Smith


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Hi Kelly, I just contacted Dont Walk Yet dot com, so I'm glad to read that it worked for you. It's somewhat costly, almost as much as rent...but I've lived in this house for 20 years and packing everything up after that long a time is a daunting, time consuming task! I need all the time I can get. Lora
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We are CA renters and just found a notice of trustee's sale on the door (5/10/11). The auction is set for 6/12/11. How long can we stay in the house?

Answered by Lori


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Hi Lori, If the property does go to sale on 6/12/11 there are 2 possible outcomes. The bank could take the property back at trustee sale or it could be purchased by a 3rd party investor. Either way they are required in CA under the Protecting Tenants at Foreclosure Act (read more at http://www.foreclosuretruth.com/blog/sean/auction-investors-reo-brokers-and-renters-take-note-significant-change-eviction-notice-req/) to give you a 90 day notice. Once the sale happens a representative from the bank or the investor will make contact with you. Oftentimes they will offer you a cash for keys incentive to be out by a certain date and help you with relocation expenses. Keep in mind that we are in unprecedented times in terms of the number of delays and postponements of trustee sale dates. Although the sale is active for 6/12/11 there is a possibility that it could be postponed to a later date. There is a number on the notice to the trustee. You will be able to call that number and enter the TS# to check on the status of the sale. Michelle
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they came and had me sign the form but i was wondering should they have given me a signed copy they said i did not need it because we have this agreement i have a not signed copy but i was wondering if they should have given me a copy for my records

Answered by ken


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HI Ken, It is always a good idea to get a copy of anything that you sign. I would reach out to them and ask for a copy. If you have an email address for the representative that had the form send them an email and ask for a copy. You can outline the terms as you remember it so that you at least have a record of your conversation. I would not be overly worried about it since I have not heard of a bank reneging on a cash for keys offer but I have certainly heard of tenants not complying with the agreement and failing to leave the house or clean out their stuff. Michelle
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I am a renter in California and I received a "Notice of Trustee Sale". Once the home is sold at the auction, do i continue to pay rent to my landlords since they are no longer the owners?

Answered by Kim


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If the property goes to sale it will either be sold to the bank or to a 3rd party investor. Once the property goes to sale your prior landlord is no longer the owner of the property and is not entitled to the rent. The bank or 3rd party investor will contact you after the sale. The majority of the time they will give you notice to vacate. In CA they must give you 90 days notice. They may also offer you a cash for keys incentive to help you move earlier than 90 days. Although rare, you may be able to negotiate a new rental agreement if they are considering holding the property and not flipping it. Michelle
Thank you for that information Michelle. Kim
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With a Trustee Sale, what is the law about the publication of the Trustee Sale notice. I thought the legal notice had to be published in a judicated general circulation publication in the LOCAL area of the property. I just found out that ours was printed in a publication 50 miles from the town I live in???

Answered by Ruth


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Hi Ruth, I do not believe that 50 miles it outside of the scope of a local publication. It does not have to be the town gazette. Usually it is a publication within the County of Record. Michelle
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Hello, i live in Federal Way, WA in a house that my brother owns, i have been living here with him for a long time, i am a renter as i rent a room and paid him monthly but have no record of it as i just paid him cash every month, His house has forclosed with an auction date on 04/27/12, the problem is he has pretty much moved out and i am in the process of moving out but we have to leave out of town this weekend on the day of the auction and won't be home till the following monday apr 30 12, my question is i dont have time to move this week as we have to leave town but will begin to move when i get home on monday 30 12, im afraid i will come back and have my doors locked with all my belongings, is this possible? i plan on getting my stuff out as soon as im back and only need a week. and all my mail and bills comes to the house address can this be proof that i live there as a renter? Thanks for all the great info, Tommy

Answered by Tommy


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Tommy, That's a great question. It's not uncommon for the successful buyer at auction to come over to the house to see if it's vacant. If it's vacant he can take whatever means necessary to secure the property and the belongings in the property. It's doubtful that will happen but it can happen. Your best option is to contact the lender and tell them you are a renter and give them all your information. I need clarification on something though. you say his has has already foreclosed? and it's scheduled for auction? If that be the case then it's not too late to communicate with the lender so you are all on the same page and you can leave town for the few days that you need to. You can also post a note on inside window facing the outside and clearly state your name, Date, telephone number & email address disclosing that the property is occupied and you wish for someone to contact you in the event they wish to change the locks. This two measures should at least give you piece of mind to leave town for a short period of time. take a picture of the note posted on the window and email it to yourself and your contact at the bank as proof a notice was posted. Your best option here is to communicate with the bank. they will inform the Buyer on the status of occupancy at the time of the sale. Know who you've talked to and take down all there information. emails telephone numbers extension etc. Let me know if i can be of anymore help Best of luck to you. Brian Head, Law Offices of Joel Feinstein 949 306-3556 Direct -Line Brian Head
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I've been working with my attorney on saving my home, he just notified me that I have a sells date for Thursday February 27, 2014. Not only where his fees high but I feel that he's not doing his job.. Why wait two days before my sells dates to notified me

Answered by Nancy Valencia
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In CA the home can be sold at auction just 21 days after the notice is posted. From there it ususally takes a few days for the new owner to contact you. Typically they will offer to give you some cash if you move out within a couple of weeks and leave the place clean. If you do not accept and force them to evict, it will likely take 60-90 days for the Sheriff to show up and remove you (not recommended).

Answered by Sean


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I just bought a home through a trustee sale. The house is currently occupied, What should I do from here and how should I approach the tenant/owner that is in the home. . Please help!!!! Thanks rey
I have a question my house was suppose to be sold 2/22/2011 then i called the lender they said they show 2/24/2011 how long after will they make contact with me to either move or cfk or what is the next step ken
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was wondering if anyone knows how reliable 'dontwalkyet.com' is, i was considering using them to assist in an eviction, but its a bit of money and i want to be cautious, thanks

Answered by william


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Hi! Today my rental house reverted back to the bank in a trustee's sale. Me and my husband are waiting to hear about a new home that we are under contract for, and have been in escrow for over 75 days. We are not sure if we will get the new house, and all our money is tied up in escrow. My question is, if we are given a 90 day notice to move (per the tenant forclosure law), do we have to pay rent to make the 90 day time frame viable, and if so who would we pay. Do we have 90 days no matter what, or can they give us a three day notice to quit, followed by unlawful detainer lawsuit? Thank you so much!!!

Answered by Abby


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HI Abby, This law was very poorly written when it comes to the payment of rent during the required 90 notice under the PTFA. It is doubtful that a bank would file an unlawful detainer during the 90 days. It may be in your best interest to see if you can negotiate a cash for keys to be out in 30 or 45 days. If your escrow is a short sale purchase you may want to consider alternative short term housing until it closes. Michelle
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My parents received a "sale of trustee" on their door for the 2/07. The Foreclosure is being pushed by the "Second Mortgage", whose been trying to buy the house ". We have let him know that we want to keep the house and are currently trying to work out a Mortgage Modification with the bank, which is their "First Mortgage" loaner. He is assisting that we sale it to him now or he'll wait to buy it on the day of the "Sale of Trustee" and that Sheriffs will evict us that day. What are my parents to do or options?

Answered by Manny


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Hi Manny, The holder of the second mortgage DOES have the right to foreclose on the property regardless of the loan status on the first. You would need to pay the 2nd current to stop the foreclosure. If the second does go to trustee sale you WILL NOT be locked out that day. If you refuse to move after the sale then the lender/investor would need to formally evict your parents. Michelle
To Michelle We tried to negotiate a payment plan; i offered to pay 1/3 of the loan and to continue to pay the monthly payment arrangement. He just wont hear it, he wants the total owed plus the cost of the forecloser paperwork. So my parents are talking to their lawyer(who is currently working with them with a Housing DEED problem) about filing for bankruptcy. Are there any other options for them? Any California loopholes or legal housing defense or Government AID? Thank you for responding to my previous questions. Manny
Hi Manny, Sounds like the loan had a balloon payment. Years ago it was popular to amortize a second for 30 years but have the entire balance due in 15 years. Certainly a BK will provided a temporary stay but it will not necessarily stop a foreclosure. Is there any equity in the house to try to secure a new 2nd? If you do have equity maybe you can refinance both loans? There must be some equity or the second wouldn't be so eager to foreclose. I would also do some research on the lender. Do they have a history of kicking little old folks out of their homes? It is a long shot but certainly something that could be newsworthy and draw some attention from elected officials. Michelle
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Hi, i been renting a house for 2yrs now a year ago i got some papers in the mail saying the owner was in defult and trustee of sale will take place if the money old was not payed in a timely manner. i don't remenber the exact date but i do no its been a year.and i haven't hard from my landlord are no one else for that matter please till me what should i do i'm still in the home because at this time Im unempolyed..so should i stay here till someone come are move...

Answered by jelice ross


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Hi Jelice, Even if the property goes to foreclosure sale the new owner (lender/investor) will have to give you at least 90 days notice under the protecting tenants in foreclosure act. Oftentimes they will offer a cash for keys incentive for you to get out by a certain date. The bottom line is that you will be given some time to move but eventually you will have to move. Since you are currently unemployed I would ride it out as long as possible. Michelle
Please visit our website and call me at 866-607-0318 ext. 2032. Or E-mail me ASAP. We can definately stop your sale and lower your parents on a low fee. We have a group of mortgage underwriters and mitigators that will assist you and contact your lender, by represention, to get you a lower rate, and restructure your loan. www.mymembership.org shakia Andrews
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I applied for a loan modification in 2009. BofA finally came back in May 2010 with a modification offer that was unconscionable, not withholding the fact that my property was more than $230K underwater. At that point I chose to file bankruptcy and sent the keys to Bank of America with a letter informing them I was moving out of the property, which I did and gave them my new address (rental). Almost daily I receive letters from them, none of which reference the fact that I sent the keys and moved out, but all about a Loan Modification proposal. To make a long story short, I finally started receiving these notifications of a Final Auction Date from Recontrust Co Na, a subsidiary of BofA. At first the notices referenced my property address, the one in default, and now these idiots are sending notices with the Rental Properties address, containing all the details of the DEFAULT property, stating that the my rental address is going to be auctioned on such and such date. This is a prime example of how screwed up Bank of America is. This has been going on for months. Because they are dragging their feet about foreclosure, I’m stuck with paying home owner association fees each month in excess of $360, plus garbage every other month. How can I get around paying the HOA and garbage bill?

Answered by Shirley Brock


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Please visit our website and call me at 866-607-0318 ext. 2032. Or E-mail me ASAP. We can definately stop your sale and lower your parents on a low fee. We have a group of mortgage underwriters and mitigators that will assist you and contact your lender, by represention, to get you a lower rate, and restructure your loan. www.mymembership.org shakia Andrews
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OK, I will scan it and send it now.

Answered by Phyllis


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I live in California and have not made a payment on my home since September. I just got a package from ReconTrust. saying to fill out the form to lease my property that it is going to be a Hud in the next 60 to 90 days. I have not received a notice of default so I am wondering if you know anything about this.

Answered by Phyllis


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Hi Phyllis, I find this a bit interesting since it is coming from the trustee and not the lender and it is prior to the trustee sale. There is no reason that I can think of that the trustee would be requesting this information for leasing purposes. The trustee will not be responsible for leasing the property even if it does go back to the bank at the trustee sale. I would contact a local Realtor in your area to verify that your home is not in foreclosure. I could be really wrong but it sounds like some sort of scam letter. You may want to send a copy to your local District Attorney. Michelle
Hey Phyllis, I just spoke to the head of our research team and we would love to see a copy of the letter if you are willing to share it. You can email it to support@foreclosureradar.com we could then verify whether or not you are in foreclosure and see if it is legitimately from Recon Trust. We would not publicly share any information on the letter. Michelle
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Yes, thank you for your help. I think I will just tell them. I live on acres and can no longer maintain the property because of knee surgeries etc. I tried to tell them I have to move but no matter what I say they want to do a loan mod, short sale. show all my financials etc. If I just tell them I don't want to do that just take the house maybe they will get it. Thanks

Answered by Diane


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We stopped making our mortgage payment 2 months ago. B of A has been relentless with the phone calls. We do not want to do a loan mod. or a short sale. What should I tell them if anything. We live in Ca. The Mortgage debt relief act expires at the end of 2012 and I am a little worried this will go past that. Any advice?

Answered by Diane


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Hi Diane, There is no way to tell how long it will take for them to foreclose. Remember that they are obligated to make contact with you before they foreclose. Most recently we have seen BofA increase the number of Notice of Defaults. If you are not entertaining a loan modification or a short sale then you may go through the process a bit faster. I suppose you would just want them to know that you have no intention of try to modify or short sale the house. Hopefully they will get the message. Michelle
Please visit our website and call me at 866-607-0318 ext. 2032. Or E-mail me ASAP. We can definately stop your sale and lower your parents on a low fee. We have a group of mortgage underwriters and mitigators that will assist you and contact your lender, by represention, to get you a lower rate, and restructure your loan. www.mymembership.org shakia Andrews
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Thanks for the reply. All of your insight makes sense. The part that confuses me, however, is the part about the actual recording of the Trustee Deed. If the home went to Turstee Sale and was returned to the bank on that date, how can we still be responsible for the home simply because something may or may not have been recorded (still checking with that, by the way)? If the point of the Trustee Sale was to take it away from us due to our defaulting on the loan, I find it hard to believe that we would still be responsible for HOA or homeowner's insurance, etc. after the Trustee Sale. As of the Trustee Sale date, didn't the home cease to be our responsibility per due process of law? Still no communication from the lender to date. Thanks again for your help.

Answered by Jamie


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Well I did get my notice of default it was recorded on May 14th. Question if my house does become a HUD home at what point does that happen? Do they buy if from the bank? I know I have a FHA loan and it is insured I though they would pay the bank the difference not want to home. Am I confused?

Answered by Phyllis


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we need an edit on here. lol. I thought FHA insurance paid the difference to the bank. I didn't think they would take the whole home and make it a HUD. So I was wondering what the process was when your home becomes a HUD if anything different will happen in the foreclosure process. Phyllis
Hi Phyllis, There servicing lender will take the property through the foreclosure process. Keep in mind that lenders service loans for a variety of investors and insurers. Bank of America services loans for over 500 different investors which includes Fannie Mae, Freddie Mac and FHA insured properties. Once the foreclosure is completed and the Trustees Deed is recorded the ownership will transfer to the entity that is now the "owner" of that property. This is where you would see the ownership change to HUD or Fannie Mae, Freddie Mac or any other investor that now officially owns the property. Michelle
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Received my Notice of Trustee Sale today taped to my front door. What happens if the property is NOT sold at the sale? Does it revert back to the lender? At that point what happens to my occupancy of the property?

Answered by Joanne


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Hi Joanne, When the property goes to trustee sale the lender get to make the first bid which is the opening bid. If no one bids above their bid then the property becomes bank owned. Once the sale happens either a representative of the bank or the investor that purchased the property will contact you about your intentions and when you will be moving. This is where they MAY offer you a cash for keys incentive to be out by a certain date. If you cannot reach an agreement then they would need to evict you. Also keep in mind that it is likely that the sale will be postponed. We are in unprecedented times in terms of the number of delays in the foreclosure process. Michelle
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Great information, thank you very much.

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Hi Shirley, Another example of how the delays in the foreclosure process hurt the homeowner in the long run. Not to mention you don't start to rebuild your credit until after the foreclosure so your recovery is delayed as well.

Answered by Michelle


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I signed a month-to-month rental agreement on May 1, 2011. I just found out my landlady lost the house in foreclosure seven months prior, and did not mention it. Of course, I never would have rented this place, had I known. Who would? I've been paying rent to her for 11 months. The attorneys representing the bank who bought the house at auction (sale was recorded one week after auction) sent me a letter. The trustee's deed of sale was recorded in Sept 2010. They will soon send me a 90-day eviction notice. But what about my landlady? Did she commit fraud by not disclosing that she no longer owned the house before renting to me? Isn't it "theft by deception"? I've paid her about $10,000 so far. I have copies of rental agreement, cashed checks, etc. She never breathed a word about foreclosure, let alone that she already lost the house. I am livid, and will try to sue for back rent in small claims court. But it's very difficult to find a similar situation as mine on the internet. Most tenants caught in a foreclosure find out while the house is in the process of foreclosure... not that the foreclosure was final BEFORE signing a rental agreement!

Answered by californiarenter


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Hi Californiarenter, What she has done is illegal. She cannot collect rent on a property that she does not own. This is called rent skimming. "During foreclosure, it is not unusual for homes to be left vacant. Rent skimming laws make it unlawful to rent a property you do not own. A common scam is to find a vacant home, advertise it for rent, collect first and last months rent, and then abscond with the money, leaving the renter to find out later they are in the home illegally. Owners who continue to collect rent payments from tenants after their property has foreclosed, are also rent skimming." At the minimum you could take her to small claims court. You could also contact the district attorneys office for prosecution. Michelle
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My husband and I have tried to work with our mortgage co. (a local credit union). The only mod offer they provided added 18 years to our loan and reduced our monthly pmt. by only $30. Our home is a fixer we bought 7 years ago during the "bubble." It never should have passed inspection -- foundation broken in several places, bad wiring, plumbing, etc. (We bought it after a layoff w/ hope of fixing it up in years to come as we got back on our feet ... but then went through another outsourcing layoff). We've been re-employed for a few years now, but our home is worth less than half what we paid for it ... and in need of about $50,000 in repairs. We want to stay simply because it is our home and average house rental prices (we have kids and a dog) are about $300 higher than our current monthly payment. We received the Notice of Trustee Sale a week and a half ago. The auction date is set for early August. We just filed bankruptcy (Chapt. 7) Does the bankruptcy stay the foreclosure only until our creditor meeting (bankruptcy hearing/settlement)? We are sending an appeal letter to the mortgage co, but they told us they probably wouldn't offer a different loan mod. I don't know if the bankruptcy will compel them to do anything different? If our house sells in early August, how long until we will have to leave? Thank you.

Answered by Ronnie


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Hi Ronnie, Filing bankruptcy will provide a temporary stay of the trustee sale. Once the stay is lifted the lender is free to proceed with the sale. Once the sale happens then the lender can give you a 3 day notice to vacate before starting the eviction process. Some lenders will offer a cash for keys incentive to be out by a certain date but that is entirely up to the lender (or the 3rd party investor if it is sold to an investor at trustee sale). Keep in mind that a lender is not obligated to offer a modification. Although possible it is doubtful that you will get a modification that has better terms than what was previously offered. The bankruptcy judge has no power to force the lender to modify your loan. If you would still like to modify and reaffirm this debt then let your BK attorney know. Michelle
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Hi Dustin, If the trustees deed has not been recorded contact the Trustee to see if the sale was rescinded. You can also reach out to the contact from the bank to have them verify that the trustee sale is still valid. You may also want to contact a housing counsellor for advice. You can find a free housing counsellor by going to makinghomeaffordable.gov. The landlord sounds like they are being very unreasonable given the foreclosure notice and the confusion regarding the sale.

Answered by Michelle


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Michelle, Thanks for the reply, the landlord is indeed being unreasonable. I contacted the bank rep and asked for a copy of the trustees deed upon sale which I suppose they should have received at the trustees auction and he said they would get it to me right away. Dustin
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10-1-12 I am currently renting a condo in San Diego CA, I found out a week ago that it will be up for auction on 10-09-12. I signed a 1 year lease agreement effective 7-2-12 to 7-2-13 and a requirement to renting this place was that I had to mail the landlord 12 post-dated monthly checks with the deposit included. She did not mention anything about this place being foreclosed. Because the condo will be auctioned off, I have put a stop payment on the remaining checks. I notified her of the cancellations of checks and requested my deposit back. The following statement is her response, “I was surprised to learn that you are breaking the lease. My settlement with the bank was made on the basis of our lease agreement. Even if the bank will own the property in the future, you are required to pay rent for now. Please return all post-dated checks that you put a stop payment on. I hope you will take attention to this matter otherwise I will have no choice but to take legal action.” Please advice on what I need to do. Thank You. M.S.

Answered by Marisela Salas


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Thank you for your advice,I will just ride it out. Diane, what if i have someone who whats to buy the house for me is that a options? it's my dad,he sad it wil be a good investment for him to make...

Answered by jelice ross


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found out by accident that my house is being sold next month at a trustee sale. i have been giving no notice and my landlord refuses to discuss it. just wondering what my rights and very frustrated since i found out the landlord has known for quite some time this was going to happen. i have lived here for 10 years and very upset they have not told me. i neighbor saw the notice and told me. any advice would be greatly appreciated.

Answered by jane


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Hi Jane, The rent continues to be due regardless of the status of the payments on the loans or the foreclosure status. Oftentimes renters will stop paying rent because they do not believe the landlord will evict them for non-payment if they are losing the property anyway. Once the property goes to sale the new owner (lender or investor) will be obligated to give you a 90 day notice to vacate. They will usually offer a cash for keys incentive to encourage you to be out by a certain date and leave the property in good condition. Keep in mind that many sales are postponed so you will want to keep that document and check with the trustee to see if the property goes to sale or is postponed. The trustee usually lists a phone number and a TS# so that you can track the status of the sale. Michelle
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Sorry, that message was for michelle,frm jelice.

Answered by jelice ross


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Hi Jelice, You can certainly list and sell the property as a short sale. In most cases the lender will want to see an arms length transaction when it comes to short sale approvals. This means that they would not want to short sell the property to one of your family members. Your best bet is to meet with a local real estate agent in your area to discuss short sale options. Michelle
Hi michelle, Remenber i don't own the propertie im just renting it,Bet i wont to no as aTenant am i able to buy the propertie when it goes up for sale or auction? jelice ross
Hi Jelice, You can absolutely buy the property. If the owner is willing to sell prior to the trustee sale then you could purchase it as a short sale. If the property goes to trustee sale you could purchase it at the trustee sale but you would need to pay cash. You may want to check out our video on on what happens at a trustee sale . http://www.foreclosuretruth.com/blog/sean/video-foreclosure-auction-guide/  If the property sells at trustee sale you can also potentially purchase the property from the lender/investor. Michelle
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Hi, we received our notice of Trustee's sale which is in Jan. 2012. We live in CA. We also just found that we have been approved for loan mod and are awaiting our documents. My question is that if we were to sign the documents will the sale be cancelled and also are we allowed to sell the house? If not how long do we have to wait to sell the house? Thanks for your help and happy holidays.

Answered by Vicki


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Hi Vicki, Make sure that you are communicating with the trustee. We have heard from many people in these forums that tell us that the trustee and the modification departments DO NOT communicate. If you have an approved modification DO NOT assume that the sale will be canceled or postponed. Make sure you follow up with the trustee. Even if you sign the documents make sure you follow up with the trustee and confirm that the sale has been canceled. Michelle
Please visit our website and call me at 866-607-0318 ext. 2032. Or E-mail me ASAP. We can definately stop your sale and lower your parents on a low fee. We have a group of mortgage underwriters and mitigators that will assist you and contact your lender, by represention, to get you a lower rate, and restructure your loan. www.mymembership.org shakia Andrews
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I have another question. My home value is around 325k. My loan is around 406k. I was wondering how much would my house would be sold through an auction? Thanks

Answered by Vicki


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Hi Vicki, At the trustee sale the lender gets to make the first bid which is the opening bid. The opening bid can be as high as what is owed on the foreclosing loan (principle, past due interest and foreclosure fees) or they could choose to substantially discount the opening bid. There is absolutely no way of knowing if the lender will discount the opening bid. Michelle
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Curios if you know about the 1099C. I know that if it the house goes to auction in 2012 it is covered under the debt relief act. but do you know if they send one on a non recourse loan in Ca? I keep getting conflicting info. Also do you think it will get extended? I kind of think it will.

Answered by Phyllis


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HI Phyllis, Any debt relief creates a potential tax consequence as debt relief is treated like real income. The Bush Bill which expires at the end of this year gave tax relief for certain homeowners that lost their home to foreclosure if the home qualified as their primary residence. There are other ways a good tax preparer can reduce the tax consequences. If you are insolvent under IRS rules or you took cash out for home improvements and can document the expenses then this could reduce the tax bill. ALL tax questions should go to a qualified tax agent (CPA, Enrolled Agent or Tax attorney). Tax laws are complicated and you should make sure you get all of your questions answered before the foreclosure or short sale. Mistakes can be costly. Michelle
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Thank you for your advice,It has been vary helpful to me..

Answered by jelice ross


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Hi Michelle, I was wondering if you could answer my questions that I posted on 12-25-11? I would really appreciate your help. Thanks.

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I received my notice of trustee's sale. My date is set for mid-January. I am going through modification with BOA. They are reviewing. Does anyone know how to delay or stop the auction? Thanks.

Answered by Andy


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Hi Andy, Make sure you contact the Trustee and let them know that you have a pending loan modification. We have found that the modification department and the trustee DO NOT necessarily communicate. It is so important that you personally make sure that the trustee is aware of the pending modification. Sadly, we have heard from numerous people that have had their homes go to trustee sale with a modification in process. A bankruptcy will provide a temporary stay but then that could negatively impact your modification. Michelle
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My house is to be sold on the first Tuesday in March. I live in Georgia, and I am wondering how long I will have to vacate the property. I have made arrangements for a place to live, but I don't want to be in a situation where I cannot get everything out in time.

Answered by Maryann Shaw


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Hi Maryann, The laws vary from state to state. Although we do not cover Georgia it appears that the foreclosure process takes approximately 60-90 days. Typically the lender/investor will contact you to see if they can negotiate with you to vacate the property by a certain date before they start the formal eviction process. Michelle
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You will have plenty of notice. Probably at least 30 days. I live in California, my house went to auction on Jan 19, 2011 and I have yet to hear from anyone. And when I do, they will have to give me a 30 day notice or maybe an offfer for "cash for keys" Don't worry, it is just a house, you probably owe more than the dam thing is worth anyway. Be glad to get rid of it. You can always get another one in the future. Richard

Answered by richard


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Hi Richard, You are right. The lender/investor will make contact with you and will typically try to negotiate with you to be out by a certain date and provided you leave the property in good condition they may offer you a cash for keys incentive. If you do not reach an agreement the eviction process for former owners is approximately 34-41 days if uncontested and 47-59 days if contested. You are certainly in the right frame of mind. America is the land of second chances and we love a good come back story. Good luck as you enter the next chapter of your life! Michelle
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I have read the previous posts, although similar situations with great responses; our situation is not exactly the same as others. We are renters in CA. We received a Notice of Trustee Sale scheduled 90-days from March 25, 2011. We have lived here for 20 months. After our 1st year lease agreement expired, our owner did not renew another year. So I guess we are on Month-to-Month. Our owner is evasive and non-responsive. We receive replies from a person that seems to be an unofficial "property manager". We pay our rent directly into a business checking account each month and a separate deposit for the gardener. The property manager is telling us that there is a partnership disagreement from our owner and the previous owner/ex-business partner of this property and that there is a lawsuit. We opened the Notice of Trustee Sale and it states that there is over $11,000 owed. There were 2 separate notices; one to our owner and the other to the previous owner/ex-business partner. With this much money in Past Due mortgage - where is our monthly rent going? Do we continue to pay our rent? Is there any way to secure our $3600 security deposit paid upon moving in 20 months ago? We are so worried & confused.

Answered by Sandra


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Hi Sandra, It sounds like you first received a Notice of Default that starts the 90 day default period. The next document is a Notice of Trustee Sale that sets the sale date. The trustee is required to post (at the property), publish and record a copy of this document. The Notice of Trustee Sale sets the sale date for the Trustee Sale. Since you did not sign a new lease you are now on a month to month tenancy. Provided you still have use of the property as outlined in your lease agreement then the monthly rent continues to be due regardless of delinquent mortgage payments. Oftentimes renters will stop paying rent when the property goes into foreclosure (even though it is still legally due) because they believe that it is unlikely that the owner would evict them for non payment of rent if they are losing the property. A landlord could evict a tenant for non-payment of rent even if the property is in foreclosure. In your case it sounds like there is some sort of pending litigation which may mean that the foreclosure sale may be stopped and you can continue to rent the property. If the property goes to foreclosure sale the deposits are held by the previous owner and the bank/3rd party investor would not be responsible for returning the deposit. When a property in CA is sold at trustee sale the bank/investor is required to give a tenant a 90 day notice to vacate. In most cases the bank/investor will offer a cash for keys incentive as a way to assist a tenant with moving costs and negotiate a date for the tenant to vacate the premesis. Michelle
to Michelle, thank you so much for your response. we are in need of help. the correspondence is a Notice of Trustee Sale and a sale date is set for a date in July; sorry that I didn't clarify that point. I also received an email from the support team at Foreclosure Radar that says they did an address search for me and that this property is in foreclosure. I called our trash pickup services this morning because the owner has paid that each quarter. I was informed that the payment has not been paid in months. (but, due to city sanitation regulations; they have continued to pickup each week for us). They are getting ready to begin a lien against the owner of the property. I'm continuing to get advice; I went to the website suggested on another foreclosureradar forum to check into the HUD housing counselors that are available. At this point we are leaning in the direction of not paying future rent. If he only had 1 months deposit we would pay another month or two; but he has 2 months deposit from us. thank you with anything else that you can reply. Sandra
Hey Sandra, It is very odd in CA that a sale date is set so far into the future. Under the CA non-judicial foreclosure time line the Notice of Trustee Sale must be set 20 days after the posting/publishing/recording of the Notice of Trustee Sale (sale date no sooner than the 21st day). On another note keep in mind that we are in unprecedented times in terms of the number of delays and postponements of trustee sale dates so you could end up having even more time before the trustee sale. You are certainly in good company if you choose not to make your rent payments. We do see many renters that elect to stop paying rent. Although the landlord could evict you I have not heard from anyone that has had this happen. It would make sense that you would use your deposit toward your rent payments given the current foreclosure status on the property and the fact that you will undoubtedly not receive your deposit back from the landlord. I am certain that there are a lot of folks out there that would agree with your decision to stop paying rent. Michelle
to Michelle, correction - I just pulled the letter that was sent to our owner and took a closer look. It is a "Notice of Default and Election to Sell Under Deed of Trust". I'm sure that it will make more sense to you about the sale date that I was given today by phone being scheduled for July. So, based upon the correct name of this notice; you would still classify this house as being in foreclosure, right? Sandra
HI Sandra, Yes, that makes more sense. The house is in fact in foreclosure but there is not an active sale date. The Notice of Default starts the foreclosure process and gives the owner 90 days to work out the situation. After 90 days the trustee can file a Notice of Trustee Sale which sets the sale date. For more information on the CA foreclosure process you can go to http://www.foreclosureradar.com/ca-foreclosure-process. Based on this information you would have approximately 4 months before the property would go to trustee sale and given the current market it could be longer. Good luck!! Michelle
Hello Michelle, I have a very similar circumstance to Sandra. The Notice of sale is set to record this month. I elected to use my deposit = to 1 mo. in lieu of current mo. rent (lease states dep may be used for late or unpaid rent). Is the landlord/owner legally able to refuse dep as rent? Also, does landlord still hold Title once the N.O.S. is recorded? Thank You, Hopefully you're still out there giving solid info L
Hi L, The landlord still holds title after the Notice of Trustee Sale is recorded but NOT after the trustee sale. After the sale the ownership will change and either it will become bank owned or sold to a 3rd party investor. You were probably wise to use your security as rent because it is unlikely the current owner would return the security deposit after the foreclosure sale. The only recourse that the landlord would have would be to start the eviction process and it is highly doubtful that they would do that if they are losing the property. Michelle
Michelle -- Are you by any chance a CA attorney taking on new clients in foreclosure? If so, how can we contact you? John
I am not an attorney just part of the support team at ForeclosureRadar. You can reach me and my team at support@foreclosureradar.com Michelle
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I e-mailed 4 pages. Pls let me know if you received them ok. Thanks

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I have sent you the cover page from B of A. If you would like the other pages I will get them to you as well. On the envelop it came in it was from. ReconTrust. Maybe B of A subs out to them to handle their foreclosures. Not sure though.

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Hi I am a tenant in CA I received a notice of trustee sale on 2/1/12 and will be auctioned 2/14/12 ive called and they conferm that is accurate and that landlord still hasnt fixed anything with his lender. I spoke to landlord and he says he's trying to modify his loan and has been dealing with it for 10 months now and has another property with the same status. He only said he's trying to get a extension in the mean time. He clearly hasn't been paying the mortgage for some time on both properties. 3 other tenants here say the landlord has not renewed lease so we are on a expired lease. We were told to hold payment until we receive bank documents or legal documents from owner. Is this correct? I feel I shouldn't have to pay if the landlord isn't even paying or doesn't know if it is guaranteed that he will save the property. The landlord never fixes anything in the complex nor spends time replying to complaints. Please help I don't want to get in legal trouble with not paying my rent. But from what people are telling me I can pretty much save in this process and move if it gets sold at auction.

Answered by Monica


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I have sent you the cover page from B of A. If you would like the other pages I will get them to you as well. On the envelop it came in it was from. ReconTrust. Maybe B of A subs out to them to handle their foreclosures. Not sure though.

Answered by Phyllis


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For those of your tracking this post it would appear that Phyllis received a form letter from her lender. It was very confusing in that she did not yet have a Notice of Default filed and the form indicated that her property could be HUD owned in 60-90 days. Then it went on to give her a deadline of 20 days to give them her personal information if she wanted to rent back the property. It looked like a fishing expedition to see who was living in the house and to gather data. The sad part about this is that it was all very confusing and misleading. We caution anyone that receives a form letter asking for personal information to contact your lender using a phone number other than the contact information on the letter before giving any information. Michelle
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My house has a sale date set for today. I tried several times for Loan Modification and was denied due to lack of income. Duh! Half of California is out of work. I filed BK and that stopped the first Trustee Sale in February. I finally got a job on June 1, 2011 and the mortgage denied the request again. Battles all the time. Where is the Obama funds that bailed out FNME, who holds my mortgage? No help for the rest of us who want to stay in our homes. They will get their money no matter what happens. I want to stay in my home of 23 years. Doesn't look possible. The second time that my home went into Trustee Sale I was not notified with a posted notice or certified mail or a call. What can I do?

Answered by Louise


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Hi Louise, A Notice of Trustee Sale only needs to be recorded, posted and published one time and then they can postpone for up to one year without having to issue another notice. It sounds like the sale date that was set in February has been postponing which is why they didn't need to issue another notice. If the modification has been denied and the stay has been lifted from the bankruptcy court I don't believe you have any other recourse other than to hire an attorney and fight the sale. I wish I had better news or additional advice that could help you. Michelle
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Sandra, Michelle is giving you excellent advice. If you don't pay your rent, the worst thing that can happen is that they will serve you with a notice to pay or quit. As you are looking for help, contact the local legal aid. If you get a 3 day notice to quit, don't ignore it, get Legal Aid to help you with an answer. If they owner persists, you will have plenty of time to pay the rent to negate their action. There is plenty of information on the forum under the investor areas explaining the rights of tenants after foreclosure. Under Federal law a bona fide tenant gets 90 days to move, of course you would have to pay rent to the new owner that would prbably be the bank and sometimes a 3rd party investor. Keep in mind it is possible the landlord is telling you the truth and this is being caused by a business dispute. I think FR tech support or Michelle can tell you privately if the property is underwater. If it is, then a foreclosure is probably only a matter of time. But remember, this takes a lot of time. I think the average time from NOD to foreclosure for B of A is 761 days.

Answered by Richard


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I can't thank you enough for your replies. I am a single mom with my son here and my sister as third person that lives here. Fortunately, I am only working part-time right now and can give some action to this matter. But, I am a sales rep and need to be able to concentrate on business as well. It's just a really difficult situation. We will open a savings account and have the rent due on the 1st in that account in light of receiving a 3 day notice. There wouldn't be so much distrust if our owner would just communicate with us via phone or even email. the phone number we have for him goes into a recording to leave a message at ALL TIMES, the only address we have for him is a P O Box. About 4 months ago I went to the bank to pay our rent (we have always paid our rent directly into his bank account and then made a separate deposit for the gardener); the checking account was CLOSED. It took two days for an "assistant" to get back to us and inform us that he changed checking account numbers. Last month when I went to pay our rent the teller told me that he now lives in Las Vegas. I asked her to verify his name and business name and she said that it is him, but living in Las Vegas. This is just so fishy! Sandra
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Hi, I live in Los Angeles. I received a notice of trustee's sale from a company called Quality Loan Service Corp. I called my lender which is BOA and they told me that my home does not have a sale date as we are trying for a loan mod. BOA told me that the notice is not from them but from a 3rd party. They told me not to worry about the notice. Should I be worried?

Answered by Shantilal


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Hi Shantilal, Do not ignore this notice!! Contact the trustee asap to see if this is an error. Oftentimes the modification department and the trustee do not communicate. These forums are filled with people that had their homes go to trustee sale when they had a pending modification in process. Michelle
Please visit our website and call me at 866-607-0318 ext. 2032. Or E-mail me ASAP. We can definately stop your sale and lower your parents on a low fee. We have a group of mortgage underwriters and mitigators that will assist you and contact your lender, by represention, to get you a lower rate, and restructure your loan. www.mymembership.org shakia Andrews
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I am super confused. I bought a second home a few years ago and have let it go. I moved out when i first got notified by the bank (stupid) and have pretty much not looked back until now. On 12/14/2009 recorders office has Default and election to sell, on 7/6/10 notice of trustee sale, then again on 5/6/11 notice of trustee sale, now under the tax accesors office my name is listed as the owner and also at the recorders office. The house has been vacant since 3/1/10. I recently claimed bankruptcy about 5 months ago. My son is wondering if he could move into that house and possibly try to save it. Can i legally rent it to him? Is there still a possibility that it could be saved? I have also been contacted recently by some random lawyers about a lawsuit against BofA for giving faulty loans? The mailer i received said that i could get the houses back at 80% of market value and a 2% fixed rate. Do you have any info on that? PLEASE HELP

Answered by charles lane


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Hi Charles, Legally you still own the property and that means you have the right to live in it or rent it. Should you wish to "save" the property and reaffirm the debt you would no longer have the protection of the BK. This is not the first time I have heard a story like this and it is likely that the property could be "saved" and a modification negotiated. You would probably want to circle back with your BK attorney before you proceed so that you completely understand the potential legal ramifications of what you are doing. Please circle back with us and tell us how this turns out. Michelle
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The UD judge I have watched does everything she can to get the parties to resolve the dispute in the hallway of the court. The court provides negotiators to try to reach an agreement. The benefit to going all the way to court is that you can create an agreement with the landlord that is court approved. Gives you the communication clarity you are seeking. But keep in mind, the UD judge is not going to be able to do much about the foreclosure issue. Ask FR tech support for read on the debt to value of the property. If it is underwater, you are probably right.

Answered by Richard


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It typically takes between 3-20 days for the trustees deed to be filed. The sale is effective on the date of the trustee sale and you no longer own this property. At this point you should have been contacted by a bank representative hired to do the occupancy check.

Answered by Michelle


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Hello there I live in california. I currently own a home and the bank currently has the wrong property address on the loan documents. We have been fighting them for years to fix this and this error prevented us from getting a loan mod last year. They just filed a notice of default with the wrong address and on it. I am wondering what will happen when they file the notice of trustee sale on a property that doesn't exsist? Has anyone seen something like this?

Answered by Josh


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You need to check out piggybankblog.com, find a laywer who is savy with the foreclosure, home bank frauds that are going on. You could more than likely find a recomendation on the web site. You could have your home free and clear!! Kathryn
Hi Josh, It is likely that the sale will be void. It sounds like you should consult with an attorney. This error on their part has prevented you from modifying. I am wondering if this is an error on the billing address or if the legal description attached to the Deed of Trust is incorrect. An attorney would be able to look at the original Deed of Trust to determine if the correct legal was recorded. Michelle
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I received a notice to accelerate. Not sure what that means but I am thinking probably not much. I don't think it is the notice to default is it?

Answered by Diane


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Hi Diane, Prior to filing a Notice of Default the lender will typically send a notice of intent to foreclose. This just alerts you to the fact the the Notice of Default is coming. The Notice of Default will say something like "NOTICE OF DEFAULT AND ELECTION TO SELL UNDER DEED OF TRUST. IMPORTANT NOTICE IF YOUR PROPERTY IS IN FORECLOSURE BECAUSE YOU ARE BEHIND IN YOUR PAYMENTS, IT MAY BE SOLD WITHOUT ANY COURT ACTION" If you have received a notice to accelerate and you are not behind on your payments this may mean that there has been a change in the beneficial interest (you have transferred title to the property to someone else) and they are accelerating the terms of the loan and calling the entire balance due and payable. You will want to read the notices carefully and consult an attorney if you are unsure what the notice means. Michelle
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I have a question my house was suppose to be sold 2/22/2011 i called a few day prior to that the lender said they show 2/24/2011 how long after will they make contact with me to either move or cfk or what is the next step. Should i call the lender to find out what they show or should i wait for someone to contact me. And can they just lock me out if i am not home on that day I live in California

Answered by ken


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Hi Ken, The best bet is to wait for someone to contact you. They will typically leave a not with their contact info if you are not at home. If you have already moved and the property is vacant they can change the locks and take possession of the property or post a notice of belief of abandonment. If you are still occupying the property they would need to serve you with the appropriate notice and then if they cannot reach an agreement to vacate (possibly a cash for keys incentive) then they would be forced to evict you through a formal eviction process. They cannot just lock you out if you are currently living in the property. Michelle
Normally how soon after will they contact ken
I have seen the bank send someone the day after the sale and then I have heard from folks that it has taken weeks and sometimes months for the lender to contact them. Michelle
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No I am still living in the property thanks for the reply

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I work for Bank of America and I am letting my house go into foreclosure and my loan is with Bank of America. Can they do anything?

Answered by Phyllis


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Hi Phyllis, As your lender they can only take action based on the laws of your state. As you employer, and depending on your role with the company, I suppose they could potentially take action. You may want to consult with an attorney both a real estate and employment attorney to make sure you understand any potential consequences. I wonder if you have an anonymous HR hot line that you can use to ask this question. I would bet that you are not the first BofA employee with a BofA loan to go to foreclosure. I hope that you will come back and share what you find out. Michelle
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Hey Michelle - do you know if courts are granting injunctions in California to stop trustee sales based on the notice of default being filed BEFORE the assignment to the new lender, or other problems with default declaration, etc? This is for a deed of trust, so do you know if courts are letting sales go forward without requiring lenders to follow CA Civil code on deeds of trust due to the Calvo decision in September (that's being appealed to the CA Supreme Court). Just curious whether anyone's had luck since Sept 2011 with an injunction to make the bank file the paperwork properly working to stop a sale. I just found out about a sale date Feb 3, 2012 but haven't got a mailed or posted notice yet. Thanks much for any thoughts!

Answered by Darren


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Hi Darren, I have not heard any statistics about the courts granting injunctions but I do know that most of the lenders/servicers have completed internal audits to insure that everything has been properly recorded following the robo-signing scandal. We saw a spike in the number of new Notice of Defaults that were filed in CA in large part due to Bank of America (Countrywide portfolio). BofA had a self imposed moratorium on foreclosure starts while they reviewed their files. In CA the trustee must post, publish and record 20 days prior to the sale date. They should be posting, publishing and recording within the next week. Michelle
Thanks for the thoughts. In my case, the Notice of Default was filed about two weeks BEFORE the Assignment of Deed of Trust was recorded. Also, the Notice of Default was recorded 7 days after execution of the Defaut Declaration while CA Civil Code section 2923.5 requires it be recorded no less than 30 days after the default declaration. Seems like clear violations of civil code requirements yet the attorney for Wells Fargo's foreclosure folks, northwest trustee services has pronouced all the documentation "proper". I'm meetiing with an attorney on Monday. Darren
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I live in California, I wonder if the (one action law protects me) Any Ideas?

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I am leaving my home to a foreclosure mostly because of medical reasons. I was going to try a short sale but no matter what I told them I had to go through the loan mod process even though I don't want on. Jan will be the 5th month that I have not paid. B of A tries to contact me everyday but I have nothing left to say. My question is. Do I get the date of sale with the notice of Default or is it something different. So far all I have received is a notice to accelerate. I will be looking for a rental property to live in and I am not sure when to start looking. btw I llive in Ca

Answered by Phyllis


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Hi Phyllis, In CA the non-judicial foreclosure process officially starts with the recording of the Notice of Default. That starts the 90 day default period. After 90 days the trustee can post/publish/record the Notice of Trustee Sale that sets the sale date 20 days later. For a complete time line on the CA foreclosure process go to http://www.foreclosureradar.com/ca-foreclosure-process. Also keep in mind that we are in unprecedented times in terms of the delays and postponements on CA foreclosures. The fastest it can happen is 111 days from the date of the Notice of Default. On average in CA it is taking over 250 days. Michelle
So if I am reading this right. They will send me a notice of default. Then it could be anywhere from 90 days or longer before I get a notice of sale at an auction. but they have to notify me 20 days in advance. Once you have that date of sale. Is there a way you can find out if it actually happened or was postponed? btw thanks for all your help Phyllis
The Notice of Trustee Sale will have a phone number and a TS# (trustee sale number) where you can call to see if an opening bid has been posted or if the sale is postponing for some reason. If the property goes to sale this phone number (usually an automated line) will tell you if it sold to the bank (back to beneficiary) or sold to a 2rd party investor. The bank/lender (beneficiary) gets to make the first bid which is the opening bid. If no one bids above the bank/lender then the property becomes bank owned. An investor can bid a little as a penny over the opening bid in order to be the winning bidder. Michelle
Do you know if it will say how much it sold for as well? Phyllis
The trustee will typically post the winning bid which is which is the sales price. Michelle
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So i have packed some stuff but all my furniture is in the house it if they look in the windows they can see all me furniture how do they decide if they consider it abandoned i have heard some horror stories

Answered by ken


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In Texas how quick do I have to move after an appointment for substitute trustee has been filed

Answered by darlenehill


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Hi Darlene, We do not currently cover Texas so we are unfamiliar with the current timelines. We do see online that the # of months it can take to foreclose in Texas is 2. You may want to reach out to a local realtor in your area for up to date information or you can find a free HUD approved counsellor in your area by going to Makinghomeaffordable.gov. Michelle
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My house had a sale date on December 23rd. Merry Christmas, huh i didn't know what to do but a friend of mine to me to Call Vic at Lighthouse Consulting Group. Vic got my sale post-poned and now I'm suing my Lender and I have foreclosure protection until the case is settled. Call Vic @ 714 486-0654

Answered by Kurt Januski


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I've been renting a room from an owner that just received a notice of sale. This is news to me and a big shock. Will I qualify for the 90 day notice?

Answered by Stewart


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I am in Ca. and my home was sold at auction yesterday. We will be totally out of the house in one week. If we are not approached by then from whoever owns the house now we are leaving anyways I guess. My question is....Is that it? Do I need to be looking over my shoulder for anything or once it is auctioned off and I rid of this house and any possible consequenses from here on out. Like can the bank come after me for any repairs or cleaning etc.....

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PS. on Submit by me (Dale) 10/18/2011 I live in California, Amador county.

Answered by Dale


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Hi Dale, If the property goes to trustee sale you will be contacted shortly thereafter by a bank representative (local real estate agent) or an investor. The first step is to determine who is living in the property and if you intend to move. At this point once they have determined your situation they would either serve you with the appropriate notices or negotiate a cash for keys agreement. In most cases the cash for keys is the best way to go. Michelle
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I received my notice of default from recon Trust. filed 5/14/2012 certified mail. I went to the post office and picked it up. Just got home and they sent me something else certified mail. 6/8/12 any ideas what it is? Maybe I don't need to go get it In California is it still 90 days after notice of default? Thanks in advance for your help.

Answered by Diane


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i am renting. I got the notice of trustees sale on the door and a rep from the bank came and told me the house returned to the bank. We made a cash for keys deal with them. The landlord is insisting that they still own the house because they are going through a lawsuit with the lendor and have foreclosure protection until the suit is settled. Who do i know who to trust? The landlord said they would sue us if we do not return the keys of the house to them for violating our lease. I don't know who I can contact to find out who is right in this situation. I contacted my county recorders office and they still have the landlord listed as the owner but they said if anything happened in the last 30 days it would not be updated yet. This happened last week and we are moving in 2 weeks so I don't know who to turn the keys over to. I want my cash for keys deal from the bank but do not want to be sued by the landlord. Help? I am in California also if that matters. Thanks.

Answered by Dustin


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I receiveda "notice of trustees sale" It's on 2/22. If it doesn't sell on that date is it still in my name or does automatically go back to the lender on that date regardless?

Answered by D. Richards


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