AUCTION/SALE DATE/Posting signs?

[sandyg]

We are 30 days away from an auction/sale date and still no mod. Someone just drove by got out of their car and posted a note on my front door!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!GRRRRRRRRR RRRRRRRRRRRRRRR!

• Are they suppose to post a Notice of Trustee Sale on your house for all to see?
• Will they put up posters and signs and when?

[Moe Bedard]

Unfortunately that is most likely the law for Nevada. At least you know exactly what time is left. In any event, I am sorry that you had to go through this.

[sandyg]

Originally Posted by Moe Bedard

Unfortunately that is most likely the law for Nevada. At least you know exactly what time is left. In any event, I am sorry that you had to go through this.

Moe,
I live in Arizona, is that the law here?

[Moe Bedard]

It appears that may be the case..

33-808 - Notice of trustee's sale

A. The trustee shall give written notice of the time and place of sale legally describing the trust property to be sold by each of the following methods:

1. Recording a notice in the office of the recorder of each county where the trust property is situated.

2. Giving notice as provided in section 33-809 to the extent applicable.

3. Posting a copy of the notice of sale, at least twenty days before the date of sale in some conspicuous place on the trust property to be sold, if posting can be accomplished without a breach of the peace. If access to the trust property is denied because a common entrance to the property is restricted by a limited access gate or similar impediment, the property shall be posted by posting notice at that gate or impediment. Notice shall also be posted at one of the places provided for posting public notices at any building that serves as a location of the superior court in the county where the trust property is to be sold. Posting is deemed completed on the date the trust property is posted. The posting of notice at the superior court location is deemed a ministerial act.

[sandbchristy]

Oh SandyG that stinks. We live in Arkansas and they sent about 10 copies regular mail and 5 or more certified, which I never picked up! We just had our sale date postponed 48 hours out... so don't lose hope!

[sandyg]

Originally Posted by Moe Bedard

It appears that may be the case..

33-808 - Notice of trustee's sale

What was posted was a peice of paper with infor on it about the sale on my garage door. Similiar to the one I got in the mail and is at the court house. We took it off. Will they keep coming back and trying to post more or even something bigger???????????? Or even asign in my yard that is what I am afraid of!!!!!!!!!!!! Like a big scarlet letter!!!!!

[pwrought]

You should go to an attorney and file bankruptcy so your lender will not be able to sell you home and it will give you time to work on a loan modification. Make sure CW ( AKA The devil ) appreciate your business.

[sandyg]

Originally Posted by Moe Bedard

It appears that may be the case..

33-808 - Notice of trustee's sale

Moe,
Just got word from NACA that Fannie has given us a forebearance plan. Saying that we don't qualify for a MOD, need to reduce expenses and increase income. The proposal NACA submitted was at 31% of income, paymts. of $2000.00 for a $395,000 mtg. Sounds like we qualify!!!

• How can I investigate why we are not qualified?
• Can NACA renegotiate?
• If I sign forebearance will it stop sale date?

thanks

[Moe Bedard]

Sorry for the late reply, this forum is big and it gets tough to help everyone.

Good news and yes, a forbearance will stop the sale. However, if you are late, they can proceed to foreclosure right away without going through the whole foreclosure process again. Fannie Mae is just tough to deal with and they do have set guidelines on what type of loan workouts they will offer.

And no, they will not come back with a new bigger sign.

Please keep us posted on the developments and I wish you the best!!