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WOW! FOUND MY HOUSE SALE/Auction LISTED AND NEVER EVEN GOT A NOTS YET. IDEAS ON HOW TO STALL?

Discussion in 'Stop Foreclosure and Tell Us Your Story' started by chcktychna, Feb 5, 2011.

  1. chcktychna

    chcktychna LoanSafe Member

    WOW! FOUND MY HOUSE SALE/Auction LISTED AND NEVER EVEN GOT A NOTS YET!<!-- google_ad_section_end --><SCRIPT type=text/javascript><!--google_ad_client = "pub-9439165354589625";/* 336x280, created 12/10/09 */google_ad_slot = "9247397141";google_ad_width = 336;google_ad_height = 280;//--> </SCRIPT><SCRIPT type=text/javascript src="http://pagead2.googlesyndication.com/pagead/show_ads.js"> </SCRIPT><SCRIPT src="http://pagead2.googlesyndication.com/pagead/js/r20101117/r20110202/show_ads_impl.js"></SCRIPT><SCRIPT>google_protectAndRun("ads_core.google_render_ad", google_handleError, google_render_ad);</SCRIPT>
    <!-- google_ad_section_start -->Ok, I'm having a bit of an axiety attack.

    I received a letter from WF today notifying me that they sent my loan file to an attorney to begin foreclosure process. I looked up the attorney (Northwest Trustee Services) online and found a link to where they post their sales. Found my freakin' house listed. I'm still in a bit of shock. I thought I would receive at least one official notice first.

    I'm so bummed. I was hoping this would take a little longer because I really need a few more months to save money and pay down debt. The sale date is listed as 6/13/11, so they must be planning to serve me with the official notice on Monday.

    What can do to stall this thing a few more months? I didn't want it to drag on forever, but I really need a few more months than that. Ideas???? What do I tell them? Do I contact WF 800 # listed on the letter, or go straight to the attorneys?<!-- google_ad_section_end --> ​
  2. chcktychna

    chcktychna LoanSafe Member

    Hmm, i guess this didn't show up for a while... doing this "reply" to see if it shows up. sorry.
  3. Moe

    Moe Call 1-800-779-4547 Staff Member Loan Safe Mortgage

    You can file for bankruptcy to stop it at the last moment if all you need is a couple extra weeks. Try to avoid service, but I believe they can use ordinary mail to notify you at your last known address. Oregon has a law that says they must meet with you in person if you request it and that person they send must have authoriy to modify the mtg. This could be one case where knowing the NPV result for different mods might be worth knowing, if the results are favorable to you.
  4. chcktychna

    chcktychna LoanSafe Member

    I've already had a bankruptcy (I reaffirmed the home), and I've already had a HAMP Mod...

    So then maybe I should contact the attorney and request my in-person meeting to discuss an in-house mod? When do you think I should do it?

    I also was under the impression from my research that they ARE required to send you notice via certified mail. Wondering if I should wait to contact them to see if they give me the official notice of trustee sale? Then, if they don't, I would possibly have some legal power behind me?

    In a way, I guess June is fine. I can make it work, but October would be better.

    Anything to worry about if I do move forward and contact them to discuss a mod? Like, ramifications for sharing my financial information that may bite me in the butt? If you look purely at my gross income vs. mortgage payment, I don't look like someone that has a hardship. It is the school loans that are making things tight for me...
  5. Moe

    Moe Call 1-800-779-4547 Staff Member Loan Safe Mortgage

    I never got past the basic info I gave, so really can't give any meaningful advice, just the options are available. Fannie or freddie? If so, you could try direct contact. And fannie does have mods even after a HAMP and even after a foreclosure sale if they end up owning the property, so even if you can't end up stopping the sale, you may still have a shot to keep the home.
  6. chcktychna

    chcktychna LoanSafe Member

    Thanks Menace,

    To clarify... I don't want to keep the home. I just want to stay a little longer. :) It is Fannie Mae serviced by WF.

    I'm still kind of surprised that I didn't get any official notices though. Crazy that they can put your house up for auction without even notifying you. I'm so glad I decided to dig and look for it so I now have more time to rework my budget/financial plan.

    I guess I should just go with it. Starting my new life in July sounds kind of nice, actually. Just won't be in the financial position I had hoped.
  7. losingmymind

    losingmymind LoanSafe Member

    I'm concerned about the lack of notice. Isn't the NOD a legal requirement? This really scares me, if banks can skip the NOD, then what next? Can any of us end up with a sale date without any warning?
  8. Jeffrey L. Shurtliff

    Jeffrey L. Shurtliff LoanSafe Member

    You said in your original post that sale date is june of 2011. You can go get a TRO if you can prove irrepairable damage to yourself.
  9. chcktychna

    chcktychna LoanSafe Member

    Yes, I thought a NOD and NOTS sent certified, was a legal requirement! But since the sale date is 6/13, I guess they technically have a few days to do the formal notices... I was just surprised, that's all.

    Jeffrey, I'll google "TRO" and see what that means...

    I will say, if they don't give me the formal notice that the law requires (by 6/13 something in certified mail), I'm going to give them hell. No joke.
    They will regret not following the letter of the law with Chickety China, the Chinese Chicken, had a drumstick and yer brain stops ticken.

    Ok, so maybe those Super Bowl beers are impacting my ability to sound tough and mean... but seriously. I'll give them mother effing hell if they don't send the official notices within 120 days of the sale date, as per Oregon Law. They have this week to do it...

    Any wagers on when/whether I'll get it? I'm so glad I checked my home online... I wonder how many people have actually lost their home entirely and had never even received the notice? That would ****.
  10. Jeffrey L. Shurtliff

    Jeffrey L. Shurtliff LoanSafe Member

    TRO = Temporary Restraining Order. See and attorney.
  11. chopo

    chopo LoanSafe Member

    Hi, chck. That's a bummer they're moving so fast. WF looks to be pretty well organized in the foreclosing aspect. Most of their foreclosures that I could see in Portland area have taken 8 months so your case looks about the same. Let's hope they screwed up with the notice. Keep us posted.
  12. chcktychna

    chcktychna LoanSafe Member

    No notice today... that means they have 4 more days to comply with the law, or move the sale date. Feeling ok... will keep posting. I'm too addicted to this site to NOT post updates. :)
  13. Moe

    Moe Call 1-800-779-4547 Staff Member Loan Safe Mortgage

    A HAMP solutions rep told me that they can stop a foreclosure sale if it is related to a HAMP denial or application. He said they can intervene directly in some cases without referring you to HOPE or another counselor. 866-939-4469 option 2 only
  14. DELL1

    DELL1 LoanSafe Member

    in california, a sale notice must be given and recorded 20 days prior to sale
  15. chcktychna

    chcktychna LoanSafe Member

    Had NOTICE OF SALE posted on my door today... I guess this is all real now...

    Here we go...

    Wow, I hope I know what I've done. Finally seems real.

    I'll be out from under this mess soon though... June 13th, new life, here I come!:D
  16. motorcitymadness

    motorcitymadness LoanSafe Member

    You need to make sure you understand all the negative impacts of what you’re doing. Your credit is going to be trashed and the lender may come after you for a deficiency judgment. I would consult an attorney and make sure I have all my options covered before going through with walking away. How underwater are you?

    Good Luck!
    Motor
  17. chcktychna

    chcktychna LoanSafe Member

    Um, motorcity...
    I have well researched the laws and process in Oregon. I am well aware of the credit implications. I'm not going to re-post all of my details in this thread, but this is the best business decision for me. If they could come after me for deficiency, I would not even do this... that's why I'm doing foreclosure vs. trying for a short sale or DIL... with a foreclosure I am protected given that my loans are purchase money, and that this is my primary residence.

    You can view my original thread if you wish to know more details, but for my situation, this was the only option.

    I guess I shouldn't have posted "I hope I know what I'm doing..." I was just venting the surrealness of the situation. I'm fine.
  18. Jeffrey L. Shurtliff

    Jeffrey L. Shurtliff LoanSafe Member

    My opinion DIL and Short Sales are rip offs
    let them forclose is best thing in my case it was. They just want you to clean it up and maintain the yard in the short sale or DIL process you are working for them when you do this.
  19. losingmymind

    losingmymind LoanSafe Member

    This hardly seems like official notification. Someone could have very easily taken that down. I am still flabbergasted that you never received a NOD.......very, very scary
  20. chcktychna

    chcktychna LoanSafe Member

    Today, in the mail I received 4 copies of the notice, plus, a certified letter notification waiting for me at the post office.

    Wells Fargo and their attorneys "Northwest Trustee Services" are moving quick and seem to have their act together.

    Sorry to have alarmed everyone...

    I'm embracing June 13th... rid of this money pit and on with my life!

    I read another post where people are thinking about selling their expensive appliances and replacing them with crappy ones to get a little more cash in their hands... Maybe I'll do that. The flipper that buys my place doesn't need brand new stainless appliances, right?

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