Hi guys! Thank you so much for your prompt reply.
I live in Virginia and yes, it's non-judicial.
Since I retained a law firm in October 2019 to help me with my loan mod, they said they have ceased all communications from the lender so they are the ones getting all correspondence. Not sure if that also includes the notice of sale. Each time they would call me which once or twice a month, they would say it's on active foreclosure but no sale date.
To answer about the notice of sale, I received regular and certified mails about the foreclosure sale date roughly 2 weeks prior which I believe in my state is what they are only required to do.
As mentioned above, when I spoke to the law firm in mid January, they didn't say anything about the sale so they were not even aware about it. I just found out from someone local on Friday Jan 14, 2020, who left me a voicemail wanting to buy our house for his son.
I informed the law firm right away but could not get hold of anyone so I waited Monday for a reply. They called me and told me that they are submitting the loan mod on that day. I lost trust and scared that things could get even worse with them so I removed them from the case and asked for a refund. I did get a refund.
I am now getting help from a friend, not a lawyer, but has been helping a lot of homeowners in the same situation for a while.
We called the servicer (Fay Servicing) and they said they would need 37 business days in order to consider a loan modification review which we didn't have. So, I filed a pro se skeleton chapter 7 on Feb 05, 2020 which postponed the foreclosure.
It took Fay Servicing until Feb 10, 2020 and daily calls from us for them to acknowledge the filing of bankruptcy and to update their system.
We submitted my 30 page loan modification application on Feb 16, 2020. On Feb 20, 2020, they have accepted and reviewed the loan mod app to be complete and forwarded the paperwork to the underwriting dept.
This is what I am very concerned about: When we asked if our house is protected from foreclosure, one of the account managers (not the one assigned to my case), said she checked with her supervisor and told her that because of my previous loan modification (2015) and upon reviewing my paperwork that our house is on "No Foreclosure Protection" once the bankruptcy gets dismissed or discharged. We are not sure if that account manager is new because she had to check with her supervisor about the status of my case and had to place us on a long hold. We felt that she didn't understand what her supervisor told her but we could be wrong.
I was under the impression that once we get in the loan modification review stage that they cannot foreclose especially if we are 37 days or more away from the foreclosure sale date. Because I did not submit the required paperwork within 14 days after filing it on Feb 05, 2020 and will not attend the 341 creditor meeting in March 18, my chapter 7 will get dismissed.
When will it get dismissed and How fast can the trustee schedule a new foreclosure sale date after finding out the dismissal are my two biggest questions. You said the servicer will have apply to remove themselves from the stay and instruct the law firm to reschedule the new sale date so that may take some time. Also, I was told that it normally takes a bank or a servicer 30 days or so to update their system.
Another question is: I notice that our local newspaper is still running an ad for the trustee sale of our property with the date Feb 19, 2020. Why is that?
I did not find my county on this list:
https://salesweb.civilview.com/. Is there another list that I can check? It would be good to know more about my property.
Thoughts? Thank you for all your help and attention.