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    What exactly am I looking for

    so I know when I have to file?

    I have not paid mortgage in two months now, can't file until as late as January.

    So, what exactly will mortgage company send me to let me know they are foreclosing so I know that I need to file BK.

    I have seen threads on this, but still confused and I see that it is better to have FC and BK at same time.

    #2
    Originally posted by B12 View Post
    so I know when I have to file?

    I have not paid mortgage in two months now, can't file until as late as January.

    So, what exactly will mortgage company send me to let me know they are foreclosing so I know that I need to file BK.

    I have seen threads on this, but still confused and I see that it is better to have FC and BK at same time.
    eh don't worry you should be fine in that time frame. I think you have to go to court first before they can actually sell your place. You could postpone the sale for a lil while.
    Filed: 6-7-2010 341: 7-15-2010 DISCHARGED: 9/17/2010

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      #3
      Generally speaking,...............

      First, the Mortgage Lender will send you a letter in the mail. A Notice of Default and Acceleration. Basically it's an opportunity, while your acct is still in regular Customer Servicing, to bring your acct current. A "Pay up or else!" letter.

      The NOD will state how long you have to bring your acct current before other action begins. Ours was 30 days.

      From there, what happens really depends on the State you live in. If you have a "Right to Sale" clause in your mortgage or if you live in a Judicial Foreclosure State.

      How quickly the Lender may move depends on lots of factors.

      The Investor backing your loan.

      How much REO or Foreclosed properties the Lender is currently carrying on the books. Lots of REO properties does not make a Lender look good to prospective investors.

      The overall market in your area. If the Lender Forecloses, how likely are they to sell your house for what's owed plus costs.

      As far as timing showing as 1 or 2 negatives,............ If the Foreclosure and the BK fall within a short period of time of each other, prospective lenders will view the 2 as 1 event anyway. Even if you Foreclose first and then file. As long as the 2 are within a few months of each other, Lenders will view the 2 as 1 event.
      Filed Ch 7 - 09/06
      Discharged - 12/2006
      Officially Declared No Asset - 03/2007
      Closed - 04/2007

      I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

      Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

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