Notice of Foreclosure Sale

[UpsideDownMI]

I received a foreclosure notice for my rental property in the mail today. Even though I expected this to happen, it still sucks. What really makes it so bad for me is that it is scheduled for the 3rd week in April. I wanted to include this in bk when I file ch. 7 in May. Unless I can somehow delay the sale it does not appear that I will be able to include it in bk as if I file before May I will be over the median.

Does anyone know of a way to delay the sale by a week or 2? I did receive a notice a couple of days ago that stated that I had 30 days to dispute the debt or it will be assumed as valid. I am thinking of writing a letter to dispute in hopes of delaying the sale into May. Is this worth trying? I know that all notices regarding the delinquency of our mortgage have been addressed to me and not my wife. Since both of our names are on the mortgage I believe that maybe we can argue that we were not both properly notified of the default and request that they start the foreclosure process over.

It should be noted that we really don't care to keep the house. We are just under the impression that it is best for our future credit to have everything included in bk instead of a foreclosure and bk.

[LuciluS]

I think there is something your Attorney may be able to file in Court to delay it for a month or so.

I say this, because I've gotten in the regular mail some Collector notices, like on Sams Club (was $595 when we quit paying...up to $800 now) from NCO Financial Services stating we have 30 days to dispute the validity of this debt. Can't dispute it, because it is owed. So I faxed it to my Attorney and he said, if they send a letter Certified Mail, he will file something in Court to delay it. Of course, he did say it would cost $60 to do such.

If you, personally, send a letter mail it with a request of a signature (Certified Mail, Return Receipt Requested). It's about $6.00, but well worth it.

Luci