My house wont go away

**lostinhouse** · 06-06-2010, 05:15 PM

I need a little advise.

I havent paid on my house in over 2 years. I recived a NOD from countrywide (now bofa) in august of '08. I tried to do a short sale for a year and eventually gave up after they charged off the heloc in the middle of negotiations. So now the heloc is trying to collect but absolutely nothing is happening on the 1st. I get no calls regarding the 1st, only the heloc. When I check my credit report it states "foreclosure proceedings started" for the 1st but yet when I search recontrust's website I find no longer find any listing for the house. No additional NOD's have been sent out. The notice of default countrywide sent back in '08 long since expired.

Now they are charging hefty interest on the late heloc so I am looking to settle on it somehow. However I am concerned what is going on with the 1st. Why is taking so long to foreclose?. Could it be bofa is missing documentation to foreclose? I still see the full balance for the 1st on my bofa account.

This house was my primary residence for over 2 years. I moved out shortly after I got the notice of default. If I had known I could have been living there rent free for over 2 years, I could have saved enough to pay off the damn heloc.

Any ideas on what attorney fee's would be to look into something like this?

**Bella** · 06-06-2010, 08:55 PM

What state are you in? Maybe you should move back into the house that won't go away?

**lostinhouse** · 06-07-2010, 06:25 AM

I'm in CA but the house has been refi'd. I would consider moving back but we got a decent deal on rent through some friends at the place we are at now and its significantly closer to work (by an hour). My luck, if I moved back, they'd kick me out then I'd have no where to go. I just am curious why its taking so long and if its typical.

**CWandSLSat619** · 07-20-2010, 01:55 PM

Hi lostinhouse,

Interesting enough, I know someone too that has defaulted 2 and a half years ago and still living in their house. Although they never got any NOD. also with Countrywide, turned BofA. They just keep getting bills in the mail showig past due... However their property taxes are current (paid by the bank I assumed)... lol... My theory is everything is automated and for some reason the real paper works must've fallen through the cracks when countrywide switched to BofA. They are still happily living in their house mortagage and rent free!!!! I think they refied too... so they might be subject to deficiency judgement, but who cares BK is the answer to all those creditors wanting to collect!!! Goo Luck to you!

**dedwards** · 10-07-2010, 10:11 PM

I am with countrywide turned Bofa Still living in home have not paid in pver 2 years july 2008 last time. have not heard from BOTa since JAn I get the bill every month. only have have one loan. Think I must be lost in system.

**laststraw** · 10-08-2010, 05:37 AM

23 months here with no NOD. Settled the second but Chase-owned first was transferred to IBM LBPS in August. Lots of harassing phone calls and letters but no action. Do not live in the house as no jobs there. Will they ever foreclose?

**slam922** · 10-08-2010, 10:46 AM

31 months now with no NOD. Chapter 7 discharged in Sept. of 2008 so no deficiency judgement to worry about. Still living in house and just socking away the cash. BofA is even paying the property taxes for us. Going to ride this horse as long as we can. In another year at this rate we will be able to buy a new home for cash.

**Strategic_Default** · 10-13-2010, 05:14 PM

Damn I'm jealous... Maybe this will happen to me. That would be sweet! Had Country Wide now BofA. Wife and I have decided we won't be paying again. First missed payment will be 11/1.

**losingmymind** · 01-08-2011, 03:56 PM

Me too. I wouldn't mind living rent free for three years. Right now, I'm not even sure how much rent I can afford...Of course it would be a lot easier if I knew NOW that I had 3 years, instead of checking for NOD everyday.

But for those of you who have moved out and on, it must be terrible to have this hanging over your head. I have nightmares of having to pay HOA for eternity.

**CntrlVllyCA** · 01-13-2011, 09:50 PM

Originally Posted by lostinhouse

I'm in CA but the house has been refi'd. I would consider moving back but we got a decent deal on rent through some friends at the place we are at now and its significantly closer to work (by an hour). My luck, if I moved back, they'd kick me out then I'd have no where to go. I just am curious why its taking so long and if its typical.

So you got a deal on rent, an hour cut from your commute to work not to mention a relief from the headache of traffic?

For those of us who live free believe me it's not worth it. We don't actually live free. The bank adds missing payments to arrears putting our families deeper in debt every month. Our credit rating...how do we even begin to fix it while living free? Sleeping is difficult not knowing if the sheriff will show up in the morning to throw us out because the property had sold at auction without us knowing. We fear coming home from a hard days work knowing there may be an eviction notice posted on the front door when we arrive or a FedEx pkg/mail with bad news or messages from our loan servicing company/debt collector asking us for more, more, more...

So, as I was saying... you got a deal on rent, an hour cut from your commute to work not to mention a relief from the headache of traffic, how is it working for you?

**losingmymind** · 02-27-2011, 08:42 AM

Any updates here?
@ CntrlVllyCA Are you trying to save your house? I can't imagine staying waiting for eviction.

@lostinhouse Has the bank finally foreclosed or are you still living in limbo also?

My last payment was 7/10, still no NOD. I am planning on moving during the summer; I figure a year is a good run, and I need to move on with my life. But, wow, 2-3 years is a long time!