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Post Statistics: 3,458 Views, 6 Replies
Latest Post: Tue, Oct 14 2008 7:12 AM by Raymond Denton
  • Fri, Oct 10 2008 2:13 PM
    • Anonymous
    I Can't Afford My Mortgage, How Long Can I Stay?
    I can't afford to pay my mortgage payment , how long can I physically stay in my house before the bank tell me to leave?
     
  • Fri, Oct 10 2008 2:27 PM

    There's no exact answer to your question.

    The best move is to call your lender and try to work out a loan modification with them. They should send you out a package and ask about your financial situation, then analyze the overall picture to determine what you can afford.

    If you just ignore the situation, you could have as long as a year or more, depending on many variable factors.

  • Fri, Oct 10 2008 2:41 PM

    I should explain the process for you, since Im very familiar with it.

    Notice of default is filed when the lender feels they are due their payments. Typically 120 days after not receiving payments, but can be as soon as 31 days after not receiving their payments (Technically, they can file on the 2nd day of the month if payments are due on the 1st) But I digress.

    NOD is filed - 90 day window before NTS (Notice of Trustee Sale)

    Once the NTS is filed, it will have to be published in a public viewing area, typically in a local paper, for 3 weeks before holding the auction.

    So, from the time you are current, to the time you will be kicked out of  the home, in a perfect scenario, would be 90 days of non payment, 90 days of notice of default, then 21 days of notice trustee sale, then sherrif shows up at your door on day 22.

  • Fri, Oct 10 2008 3:38 PM

    David Kendall:
    I should explain the process for you, since Im very familiar with it.

    Notice of default is filed when the lender feels they are due their payments. Typically 120 days after not receiving payments, but can be as soon as 31 days after not receiving their payments (Technically, they can file on the 2nd day of the month if payments are due on the 1st) But I digress.

    NOD is filed - 90 day window before NTS (Notice of Trustee Sale)

    Once the NTS is filed, it will have to be published in a public viewing area, typically in a local paper, for 3 weeks before holding the auction.

    So, from the time you are current, to the time you will be kicked out of  the home, in a perfect scenario, would be 90 days of non payment, 90 days of notice of default, then 21 days of notice trustee sale, then sherrif shows up at your door on day 22.

    I was just talking about this today with a friend out of state. Whats odd is I know others down here whom haven't made a payment in a long time and still in the house, one friend hasn't paid since June 07' and still is at the house. Same thing with a friend, his brother hasn't made a payment in 10 months and hasn't been kicked out yet. Only thing I can think of is their swamped.

     

  • Fri, Oct 10 2008 10:41 PM

    Not only are they swamped, it's probably not clear who owns the mortgage.  The loans were securitized and could have several "owners" in reality.  It's estimated there are as much as half a million loans where ownership is muddled.  Add all the known foreclosures these lenders have and they are going after the ones they can ID. 

    Lucky you.  I would put odds any backlog or the chain of ownership will be squared away once the bleeding slows.  Save up what you can.......I can't imagine living while looking over your shoulder everyday, but I do understand you do what you have to do.

  • Sat, Oct 11 2008 12:53 AM

    Stay until you run out of beans or are run out!  could take quite awhile.

     - View My Profile
    Broker
    Finance One Mortgage
    financeone@juno.com
    (530) 644-5395
  • Tue, Oct 14 2008 7:12 AM

    >>Same thing with a friend, his brother hasn't made a payment in 10 months and hasn't been kicked out yet.

    They may live in a Judical State - the process takes a lot longer compared to non-Judical States.

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