January 10, 2009

Earth To Jonna

Filed under: Foreclosure,Real Estate

I haven’t heard from my lender. It’s been a while since I made my mortgage payment.

Does my lender have to give me notice before they foreclose? Does the notice have to be in a certain way?

Jonna

———

Hi Jonna,

Yes, but that will vary by state. 

And Jonna, I’m not liking your strategy of not paying and waiting on a notice.  What if the sheriff shows up and moves all of your personal items to the curb in a post-foreclosure eviction?

Please do me a favor and call a HUD Counselor (it’s free) by clicking on this link:

hud.gov/offices/hsg/sfh/hcc/hcs.cfm

Or if you want a more detailed answer then let me know and I’ll add to this post.

Paul

This author is not an attorney and this information should not be considered legal advice.  Please consult an attorney for legal advice.

2 Responses to “Earth To Jonna”

  1. Jonna Says:
    January 10th, 2009 at 9:47 pm

    Hi–me again,

    I live in California. Is there a special form that I have to get and does it have to state certain things? I’m scared to call my lender because maybe they’ll speed up kicking me out and I have a little boy.

    I want to know what to look out for. If there is something wrong with the form, can I ask for more time?

  2. Paul Says:
    January 10th, 2009 at 10:05 pm

    California is predominatly foreclosure through power of sale.

    There are two notices – a notice of default and notice of sale.

    The amount of notice required for a NOD is three months and for a NOS it is twenty-days.

    The NOD must be filed in the County where the property is located and should contain the following:

    (1) identify the mortgagee
    (2) nature of the breach
    (3) election to sell to satisfy the obligation
    (4) if curable

    The NOS will specify the time and place of the sale and the total amount due and it should be posted in a conspicuous place on the property (probably on the front door) twenty days before the sale.

    You should also receive these via snail mail.

    And I still think you should talk to a HUD Counselor.

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