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| Deed in Lieu of Foreclosure - Do You Need Help to Walk Away? Need Help with a deed in lieu of foreclosure AKA Take this Home & Shove It! You are not alone. We thought we would add this section to the forum to assist the homeowners that have made the tough decision to walk away from their homes. This is America and you have the right to walk away from contracts and your home. The question is what implications will you suffer for saying, "Take this home and shove it, I aint paying you no more!" Find out the good, the bad and the ugly. |
This is a discussion on Is this the REAL Notice of Default or not? within the Deed in Lieu of Foreclosure - Do You Need Help to Walk Away? forums, part of the Stop Foreclosure and Tell Us Your Story category; Hi, Can anyone give me an idea if the letter I've received today via mail and also Certified Mail is ...
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| | #1 (permalink) |
| Senior Member Join Date: Dec 2008
Posts: 41
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Is this the REAL Notice of Default or not? Hi, Can anyone give me an idea if the letter I've received today via mail and also Certified Mail is the "Real" notice of default or just one of those scary letters you get before the "real" one is filed? (sorry for the run on sentance) At the top of the letter in Caps it says: NOTICE OF DEFAULT AND INTENT TO ACCELERATE Then it just says the date of the Deed of Trust, the loan number and the property location (in CA Professor if you read this I hope) Then there's language about the mortgage being in default for failure to pay amounts due. And then it tells me how much is necessary to bring it current. Then it says if I haven't cured the default within 45 days of this notice Litton will accelerate the maturity date of the Note and declare all amounts under the note immediately due and payable. So, do they mean that after the 45 days they will file the "Real" Notice of Default? Or in 45 Days the will start the Foreclosure? My Husband's concerned we're getting kicked out in 45 days. Any advisors out there? |
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| | #2 (permalink) |
| Senior Member Join Date: Feb 2009
Posts: 44
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Is this the REAL Notice of Default or not? Can't you check the website of your County's Assessor if the "Real" NOD was filed to make sure? All you need to do is Google your "county + assessor" and you should be able to check there. And having read several posts, in CA you have 3 months + 21 days from when the NOD was filed before you get the boot and even after that you still have options to stay if you wanted to be a real pain. I believe that's where the "cash for keys" come into play. Then again, i'm just a forum troll collecting as much info as i can before i pull the trigger to walk. So dont take more word for it until the Prof, ***, Moe or some other seasoned vet chimes in! Dizzle831 |
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| | #3 (permalink) |
| Senior Member Join Date: Dec 2008
Posts: 41
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Is this the REAL Notice of Default or not? Hi Dizzle831, I would check my county assessors site for recordations, but ours doesn't have county records online. You have to call them, which I will on Monday. Thanks for your advice though. I have a feeling this is just a letter for now and not the recorded Notice of Default. |
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| Senior Member Join Date: Sep 2008 Location: Arizona
Posts: 542
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Is this the REAL Notice of Default or not? Professor Shays posted this: Quote:
(see post #5 in that thread) | |
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| | #5 (permalink) |
| Senior Member Join Date: Dec 2008
Posts: 41
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Is this the REAL Notice of Default or not? Thank you Cactus, There's no date of recordation or any of the required wording on this letter. I believe it's just a warning letter and that it's saying they'll probably file the "real" NOD 45 days from now. I appreciate the info as always. |
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| | #6 (permalink) |
| Senior Member Join Date: Dec 2008
Posts: 41
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Is this the REAL Notice of Default or not? Dizzle831, I see from your other posts we're in the same area of CA, I'm over in Hollister. Now you'll probably understand why our assessors office for San Benito Co. has no online information |
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| | #7 (permalink) |
| Senior Member Join Date: Sep 2008 Location: Arizona
Posts: 542
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Is this the REAL Notice of Default or not? Yes, I've notice a pattern with the initial letters. I went through the same confusion. In my case the initial letters were simply procedures spelled out in my loan documents under the default and remedies section. I received an "Intent to accelerate" letter, and a short period of time to "cure" (cough up the cash) before they moved on with official recording of forclosure steps. |
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| | #8 (permalink) | |
| Senior Member Join Date: Feb 2009
Posts: 44
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Is this the REAL Notice of Default or not? IGiveUp, Yea, you're right around the corner. I had a good buddy of mine foreclose his second home in Hollister. Such a shame especially since the banks don't seem to care about keeping anyone in them. You might be a little "behind in the times", but i'd more than happy to trade our gang problems for a Postal Service ran by pigeon carriers! And on top of our rancid gang problems Salinas has been described by the LA times as the worst hit in real estate depreciation in the nation! After discovering the 105% LTV criteria to get help from Obama i'm officially throwing in the towel in March. Now i just gotta figure out the tax consequences (if any) after i ditch my pad. Good luck to you and please keep us posted on your journey! Dizzle831 Quote:
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| | #9 (permalink) |
| Senior Member Join Date: Dec 2008
Posts: 247
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Is this the REAL Notice of Default or not? Sounds like the letter I just got....I have till the end of this month or they will move forward and put me in the preforeclosure area....funny thing is that I've not recieved any calls this week??? |
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| | #10 (permalink) |
| Senior Member Join Date: Jul 2008
Posts: 31
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Is this the REAL Notice of Default or not? I received a letter like that it sounds like a notice of intent. That date to cure on mine expired a week ago still no NOD. I assume it is coming soon. But in California you have at a min 3 months 21 days till the sale from the date of the NOD. |
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| | #11 (permalink) |
| Senior Member Join Date: Dec 2008
Posts: 41
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Is this the REAL Notice of Default or not? Thank you all for the information, I'm feeling a lot better now. I was tired when I got home and feeling stressed out with the whole situation. The first thing I got to see were the notices from Litton and it was hard to tell if they were already filing the NOD or if they were just scare letters. I should have known from reading all of the posts on this site for months that they weren't the recorded NOD yet. Thanks for putting my mind at ease. I tell you this site has been and will be my saving grace through all this. I'll continue to post my experience through this process so that others can learn as they begin their journey like I have. Dizzle831, I know how bad Salinas has become with the gang problems and such. There's something on the news about another gang shooting almost every night. I guess Hollister's not so bad. I think I'm just soured by what's happened with all that we put into this house and now losing it all, just kind of hard to take. We even put $40k down on this house and now were upside down by nearly $300k, crazy huh? But I know you can relate for sure, with the Salinas values plummeting so far down. Well, I guess I will just try and relax now and not worry to much over the weekend. I think worry has become my new past time. urgh. |
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| | #12 (permalink) |
| Senior Member Join Date: Jul 2008 Location: 49er Gold Country
Posts: 1,543
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Is this the REAL Notice of Default or not? Sorry to answer so late. The form and content of a California Notice of Default are stated in California Civil Code Section 2924c. That language is shown below. My guess is your notice doesn't have this and so it is simply a letter designed to scare you. Daniel "IMPORTANT NOTICE (14-point boldface type if printed or in capital letters if typed) IF YOUR PROPERTY IS IN FORECLOSURE BECAUSE YOU ARE BEHIND IN YOUR PAYMENTS, IT MAY BE SOLD WITHOUT ANY COURT ACTION, (14-point boldface type if printed or in capital letters if typed) and you may have the legal right to bring your account in good standing by paying all of your past due payments plus permitted costs and expenses within the time permitted by law for reinstatement of your account, which is normally five business days prior to the date set for the sale of your property. No sale date may be set until three months from the date this notice of default may be recorded (which date of recordation appears on this notice). This amount is ___________________ as of ______________________ (Date) and will increase until your account becomes current. While your property is in foreclosure, you still must pay other obligations (such as insurance and taxes) required by your note and deed of trust or mortgage. If you fail to make future payments on the loan, pay taxes on the property, provide insurance on the property, or pay other obligations as required in the note and deed of trust or mortgage, the beneficiary or mortgagee may insist that you do so in order to reinstate your account in good standing. In addition, the beneficiary or mortgagee may require as a condition to reinstatement that you provide reliable written evidence that you paid all senior liens, property taxes, and hazard insurance premiums. Upon your written request, the beneficiary or mortgagee will give you a written itemization of the entire amount you must pay. You may not have to pay the entire unpaid portion of your account, even though full payment was demanded, but you must pay all amounts in default at the time payment is made. However, you and your beneficiary or mortgagee may mutually agree in writing prior to the time the notice of sale is posted (which may not be earlier than the end of the three-month period stated above) to, among other things, (1) provide additional time in which to cure the default by transfer of the property or otherwise; or (2) establish a schedule of payments in order to cure your default; or both (1) and (2). Following the expiration of the time period referred to in the first paragraph of this notice, unless the obligation being foreclosed upon or a separate written agreement between you and your creditor permits a longer period, you have only the legal right to stop the sale of your property by paying the entire amount demanded by your creditor. To find out the amount you must pay, or to arrange for payment to stop the foreclosure, or if your property is in foreclosure for any other reason, contact: ______________________________________ (Name of beneficiary or mortgagee) ______________________________________ (Mailing address) ______________________________________ (Telephone) If you have any questions, you should contact a lawyer or the governmental agency which may have insured your loan. Notwithstanding the fact that your property is in foreclosure, you may offer your property for sale, provided the sale is concluded prior to the conclusion of the foreclosure. Remember, YOU MAY LOSE LEGAL RIGHTS IF YOU DO NOT TAKE PROMPT ACTION. (14-point boldface type if printed or in capital letters if typed)" |
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| | #13 (permalink) |
| Senior Member Join Date: Dec 2008 Location: Vacaville, CA
Posts: 488
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Is this the REAL Notice of Default or not? I had posted a question about a letter I received in another thread and wondered if it was the NOD. The language and format isn't there. And after I went back and read my loan docs I saw in the Acceleration section where they detailed the letter I received. According to it, I have to pay up by March 9. After that we are on the road to the NOD. That puts us here until the end of June if my estimates are correct. |
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| | #14 (permalink) |
| Senior Member Join Date: Dec 2008
Posts: 41
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Is this the REAL Notice of Default or not? Good Morning and big Thank You's to all the responders. Professor Shays, I believe you are correct that this is not the actual NOD, but is only a"scare" letter. Thank you for the assurance. It was scary, so I guess it worked. KT, I think it is the same type of letter you received last week. I should have known as I've been keeping up with your posts. I appreciate the sharing of information. We all need to make sure and post our experiences as we move along in the process. It really helps the people just beginning the process to not be so intimidated by this.....uhm new reality. Thanks all, have a great weekend. |
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| | #15 (permalink) |
| Senior Member Join Date: Dec 2008 Location: Vacaville, CA
Posts: 488
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Is this the REAL Notice of Default or not? IGiveUp: I was freaked out too and posted here immediately. Sounds like you and I are on about the same timeline. Race ya'!!! Karen |
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| Senior Member Join Date: Feb 2009
Posts: 44
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Is this the REAL Notice of Default or not? I feelya for sure. I've lived in my house for 4+ years only able to afford my interest payment. Maaaan, 100k+ down the drain and under water by 230k+! All the sweat equity and up keep almost all for nothing. If my city wasn't such a toilet bowl i would consider toughing it out. The fact of the matter is i got 2 small ones i'm trying to raise and Salinas is not the place to do it. I agree, relax and have a beer and be happy that you can actually save some money. Quote:
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| | #17 (permalink) |
| Senior Member Join Date: Dec 2008
Posts: 41
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Is this the REAL Notice of Default or not? Hi Friends, Update: The REAL Notice of Default has now been filed as of yesterday. I'm happy, I can't wait to move this process along. Question for Professor Shays and others: Since my lender has recorded a Notice of Default, do I assume they're going the non-judicial route? |
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| | #18 (permalink) | |
| Senior Member Join Date: Feb 2009
Posts: 44
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Is this the REAL Notice of Default or not? IGiveUp, How long did it finally take them to file the NOD? I'm about to hit the 2 month late mark in the next few days here. Although i can't wait to get this over with i want to stay as loooooong as possible. I bet it's really been cooking in Hollister the past few days. Salinas was in the mid 90's! Thanks for the update. Dizzle Quote:
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| | #19 (permalink) |
| Senior Member Join Date: Dec 2008
Posts: 41
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Is this the REAL Notice of Default or not? Hey Dizzle, It really has been hot, hot hot in Hollister it's been record breaking heat from the SF Bay to the Monterey Bay. I think it will finally start to cool down this evening. I like warm weather but come on, 100+ in April is a little much. My lender filed the NOD according to schedule. It recorded yesterday 04/21/09. My last payment was the December payment. So I am at 4 months past due (missed Jan., Feb., March and April) So far they've gone pretty much by the book without delay. So, I would expect a Notice of Sale in 90 days. The sooner the better for us. My lender is Litton by the way. Take care and I'll post updates as they happen. |
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| | #20 (permalink) | |
| Senior Member Join Date: Feb 2009
Posts: 44
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Is this the REAL Notice of Default or not? I hate it when i hear stories of banks being on top of their sh*t! And i agree about the recent heatwave and was excited to see some coastal fog on my way to work this morning. I'm a little confused now, so when the NOD is recorded this is when we usually hear the "3 months + 21 days" until you have to leave. Does the "3 months + 21 days" mean the banks have this time frame to file the NOS or is it "3 Months + 21 Days", post NOS? Just when i thought i had my sh*t together! Thanks again for sharing. Dizzle Quote:
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| | #21 (permalink) |
| Senior Member Join Date: Dec 2008
Posts: 41
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Is this the REAL Notice of Default or not? Hi again Dizzle, I believe now that the NOD has been filed, the lender has to wait 3 months and 21 days from now to file a Notice of Sale. That will notify me of a pending sale date. So if things go according to schedule without any delays. It seems that the length of time from first missed payment to sale date is going to be 7 months. If it all goes like it should and no delays, I would think my sale date would be somtime in August. I think you're a couple months behind me, so yours wouldn't be until October. So you do have a while to go. Okay, enjoy the fantastic cooler air that's blowing in. What a relief. Oh, and when I got home from work today there was already a letter in my mailbox from someone over in Capitola saying that they wanted to buy my house and keep me out of Foreclosure etc., etc. They noted the NOD date and amount of arrears on the letter too. So now the predators come out of the woodwork. ha! they can't fool me. |
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| | #22 (permalink) |
| Senior Member Join Date: Feb 2009
Posts: 1,307
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Is this the REAL Notice of Default or not? I am still trying to figure out how I was served a Notice of Trustee Sale (just a few days ago) when I have never received a Notice of Default. I went to my county assessor web site and didnt see anything filed there either. Prof, anyone, where should I start digging? I am in Oregon. |
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