Notice of Default - how much time is left before sale? - Loan Modification Forum

yeswecan · 07-05-2009, 03:16 PM

We've received an NOD dated June 16, 2009. What is the soonest the lender can sell the property? In California. Thanks!

Nathan Fransen Esq. · 07-07-2009, 01:20 PM

In California an NOD must be recorded 90 days prior to a Sale Date can be set. A Notice of Sale must then be recorded 20 days prior to the sale date itself. Keep in mind these dates are from day recording, not day received by borrower. always check the date recorded on the form.

ocdreamer · 07-07-2009, 07:51 PM

Yeah let's assume it was filed on June 6 (10 days before you received it). The earliest the NTS can be filed is September 6...then the earliest auction date is going to be September 27 (the 21st day).

In practice (searching through filings), it's usually not exactly the 90 and 20 days, I'll usually see ~10 days tacked on to the end, you're probably looking at an October auction.

Just curious...when was your first missed payment and who was your lender?

07-05-2009, 03:16 PM	#1 (permalink)
yeswecan Senior Member Join Date: Feb 2008 Location: so cal Posts: 47 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	Notice of Default - how much time is left before sale? We've received an NOD dated June 16, 2009. What is the soonest the lender can sell the property? In California. Thanks!

07-07-2009, 01:20 PM	#2 (permalink)
Nathan Fransen Esq. California Attorney Join Date: Mar 2009 Location: Southern California Posts: 73 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	Re: Notice of Default - how much time is left before sale? In California an NOD must be recorded 90 days prior to a Sale Date can be set. A Notice of Sale must then be recorded 20 days prior to the sale date itself. Keep in mind these dates are from day recording, not day received by borrower. always check the date recorded on the form. __________________ Nathan Fransen Attorney Fransen & Molinaro Law Firm (951) 520-9684 www.loanlaw.net Disclaimer: The comments by me are for informational purposes only and not for the purpose of providing legal advice. NO ATTORNEY-CLIENT RELATIONSHIP IS CREATED. You should contact your attorney to obtain advice with respect to any particular issue or problem.

07-07-2009, 07:51 PM	#3 (permalink)
ocdreamer Senior Member Join Date: Apr 2009 Location: Orange County, CA Posts: 42 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	Re: Notice of Default - how much time is left before sale? Yeah let's assume it was filed on June 6 (10 days before you received it). The earliest the NTS can be filed is September 6...then the earliest auction date is going to be September 27 (the 21st day). In practice (searching through filings), it's usually not exactly the 90 and 20 days, I'll usually see ~10 days tacked on to the end, you're probably looking at an October auction. Just curious...when was your first missed payment and who was your lender?

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