notice of default

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