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Notice of Default -- California

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  • Notice of Default -- California

    Isn't the mortgage servicer supposed to send the Notice of Default to the borrower?

    Or is it because my BK is now discharged (and I surrendered the house) that the bank recorded the NOD with the county, but didn't send me anything???

    (I'm still very curious to see who has that promissory note.....I highly doubt the bank servicer has the legal right to actually foreclose on the house......but I'm too broke to try and fight anymore....) It's been a hellish 3 years...............

    So my question: No NOD sent to me..... can I expect the rest of the foreclosure process to go this way? No notification of anything?

  • #2
    You are correct; the borrower should receive an NOD in the mail, most of the time. However if you in fact looked up county records and know that an NOD has been filed, that's as sure as you can get. I am not aware that the BK discharge should have anything to do with you not being advised, but I've heard of homeowners not receiving NODs in the mail before.

    As for the rest of the foreclosure process: if you do have an NOD then you can expect a notice of trustee's sale shortly after the 90-day period. Whether they actually foreclose on the sale date is a completely different story.

    Good luck

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    • #3
      When Chase foreclosed on my house this year, the NOD was filed with the County and was send regular mail, also certified and also FedEx! I was still living in the house, and NOD that was filed stated that I has vacated the house and gave the keys back to the Bank? Which was not true as I was still living there... sounds a little like Robo filing. The house I'm currently renting just had a NOD filed by Bank of America and they sent regular, certified mail and also FedEx.

      Are you still in the house or have you moved, if so did you put in a change of address? Once the 90 days are up they usually put the house in a Trustee sale 14-21 days later. You should receive a notice of the sale date, too.
      November 2, 2009: Filed Chapter 7, December 10, 2009: 341 Done! January 11, 2010 Last Day for Objections! February 9, 2010 Discharged!!! February 12, 2010 Case Closed, MyFico on 11/09: 550, Now: 715!

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