notice of default - Loan Modification Forum

red64 · 07-09-2009, 06:36 PM

how can you find out if their is a nod on your house.

Evan Bedard · 07-09-2009, 08:01 PM

Hi red64 welcome and thank you for joining.

Quote:

how can you find out if their is a nod on your house.

If you call your lender they will tell you if a NOD has been filed on your house yet. Also a NOD is usually filed around 60 days or so from being late.

Paul Molinaro Esq. · 07-09-2009, 10:58 PM

NO LEGAL ADVICE HERE - JUST GENERAL INFORMATION - ANY SIMILARITIES TO ANYONE'S ACTUAL SITUATION IS JUST ONE HECK OF A COINCIDENCE.

A Notice of Default ("NOD") is also recorded so one can check public records.

- Paul

TNT101 · 08-10-2009, 09:38 PM

Paul,

NOD; is this required to be published or filed somewhere on public records? Or is simple letter to home owner the same thing?

Not sure what NOD starts to do as far a the foreclosure process any overview on this would be helpful.

TNT101

Paul Molinaro Esq. · 08-10-2009, 09:49 PM

NO LEGAL ADVICE HERE - JUST GENERAL INFORMATION - ANY SIMILARITIES TO ANYONE'S ACTUAL SITUATION IS JUST ONE HECK OF A COINCIDENCE.

The "NOD" is one step of a carefully regulated set of actions the lender must take in the foreclosure process. In California, there are judicial foreclosures (overseen by the Court and usually not the way lenders proceed) and trustee's sales (a process without direct Court oversight, thus many procedural steps required by statute to assure that lenders don't just take homes away).

The NOD comes around 3 months after missing payments. The next big step will be the "NTS" (Notice of Trustees' Sale) and that is the one that shows the clock is really ticking.

A word to the wise... don't wait for the NTS to take things seriously. Many people bury their heads in the sand until they see the NTS and it's date of sale on it before they really take action... the longer you wait the less options you have.

- Paul

Evan Bedard · 08-11-2009, 10:14 AM

Thank you Paul!

Ambling · 08-11-2009, 02:07 PM

Most of the larger counties around the country have online public records search. Just Google the name of your county along with "county recorder office" and you'll probably find it.

For example, in San Diego it's here:

Assessor/Recorder/County Clerk

07-09-2009, 06:36 PM	#1 (permalink)
red64 Junior Member Join Date: Jul 2009 Posts: 1 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	notice of default how can you find out if their is a nod on your house.

07-09-2009, 10:58 PM	#3 (permalink)
Paul Molinaro Esq. Attorney Join Date: Mar 2009 Location: 980 Montecito Drive, Suite 206, Corona, CA 92879 Posts: 133 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	Re: notice of default NO LEGAL ADVICE HERE - JUST GENERAL INFORMATION - ANY SIMILARITIES TO ANYONE'S ACTUAL SITUATION IS JUST ONE HECK OF A COINCIDENCE. A Notice of Default ("NOD") is also recorded so one can check public records. - Paul __________________ ______________________________ Paul J. Molinaro, M.D., J.D. Attorney at Law, Physician, Broker ______________________________ Fransen & Molinaro, LLP 980 Montecito Drive, Suite 206 Corona, CA 92879 pmolinaro@LoanLaw.net 1-888-756-2652 ______________________________ The information contained in this post is NOT to be taken as legal advice. My posts are for general information and educational purposes only. If you need legal advice, please contact an attorney.

08-10-2009, 09:38 PM	#4 (permalink)
TNT101 Senior Member Join Date: Jun 2009 Posts: 49 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	Re: notice of default Paul, NOD; is this required to be published or filed somewhere on public records? Or is simple letter to home owner the same thing? Not sure what NOD starts to do as far a the foreclosure process any overview on this would be helpful. TNT101

08-10-2009, 09:49 PM	#5 (permalink)
Paul Molinaro Esq. Attorney Join Date: Mar 2009 Location: 980 Montecito Drive, Suite 206, Corona, CA 92879 Posts: 133 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	Re: notice of default NO LEGAL ADVICE HERE - JUST GENERAL INFORMATION - ANY SIMILARITIES TO ANYONE'S ACTUAL SITUATION IS JUST ONE HECK OF A COINCIDENCE. The "NOD" is one step of a carefully regulated set of actions the lender must take in the foreclosure process. In California, there are judicial foreclosures (overseen by the Court and usually not the way lenders proceed) and trustee's sales (a process without direct Court oversight, thus many procedural steps required by statute to assure that lenders don't just take homes away). The NOD comes around 3 months after missing payments. The next big step will be the "NTS" (Notice of Trustees' Sale) and that is the one that shows the clock is really ticking. A word to the wise... don't wait for the NTS to take things seriously. Many people bury their heads in the sand until they see the NTS and it's date of sale on it before they really take action... the longer you wait the less options you have. - Paul __________________ ______________________________ Paul J. Molinaro, M.D., J.D. Attorney at Law, Physician, Broker ______________________________ Fransen & Molinaro, LLP 980 Montecito Drive, Suite 206 Corona, CA 92879 pmolinaro@LoanLaw.net 1-888-756-2652 ______________________________ The information contained in this post is NOT to be taken as legal advice. My posts are for general information and educational purposes only. If you need legal advice, please contact an attorney.

08-11-2009, 10:14 AM	#6 (permalink)
Evan Bedard LoanSafe.org Homeowner Guide Join Date: Aug 2007 Location: Southern California Posts: 2,168 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	Re: notice of default Thank you Paul! __________________ Keep Fighting! Evan Bedard LoanSafe.org Support Team Please donate via paypal to LoanSafe.org to help keep this forum going The comments by me and the materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. Most of the information you find here is easily available on the internet. You should contact your attorney to obtain advice with respect to any particular issue or problem. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney. Please Read our Privacy Policy and Legal Disclaimer Here.

08-11-2009, 02:07 PM	#7 (permalink)
Ambling Senior Member Join Date: Aug 2008 Posts: 121 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	Re: notice of default Most of the larger counties around the country have online public records search. Just Google the name of your county along with "county recorder office" and you'll probably find it. For example, in San Diego it's here: Assessor/Recorder/County Clerk

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