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can't find accurate timeline info for sheriff's sale to eviction in NH

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    can't find accurate timeline info for sheriff's sale to eviction in NH

    I have been on the phone with the bank (multiple departments), the bank's attorney, and still can't get an accurate timeline for the process on a non-judicial foreclosure in NH (Hillsborough County) from the Sheriff's sale to the "get out of Dodge" date.

    First, the bank couldn't get me connected to the RIGHT people for a mortgage in foreclosure, that is now post BK (chap 7 discharged and closed). They kept sending me to the attorney retained by the bank, who wouldn't talk to me because the bank is their client, not me. Finally got a useful person at bank asset recovery department who was able to tell me the sale date is now Sept 30. But no clue what the timeline is beyond that because it varies county to county across the country. Really?

    Did find out that because there's already a sale date (has been one since Spring - it moved while we were in HAMP review and then it moved when we were in BK), that we cannot offer a DIL. The expensive work of foreclosure has already been done and now it's just a matter of time. We had been told before that unless we tried to do a short sale, they wouldn't accept a DIL offer, either. What I really need to understand now, is exactly how long after that sale we can still get our stuff out of the house, because I work out of state 5 days a week and hubs is now traveling for business twice this month. Makes getting done over there really tough. (I find it really hard to go there and fish through the remains of our former life there, but I am afraid, that since we were messy and disorganized towards the end, that we'll realize the pieces of something important were left behind.)

    Does anyone know how long we have in NH, after the sale date on 9/30?
    Figured out we were in trouble: (Wait, we're in trouble? ) Stopped paying creditors: Aug 2010 Filed Chap 7: Apr 29, 2011 341: Jun 1, 2011 Report of no distribution: Jun 1, 2011 Discharged Aug 2, 2011

    #2
    This chart shows that the eviction process starts after the auction sale. It shows 30 days to evict. Of course, eviction is up to the new owner to start in court. It will probably start with a Notice to Quit/Vacate and formal eviction process pursued in the local court.

    Maybe you could rent the property from the Bank? I would be careful should you choose a "leaseback" and end up signing a long-term lease agreement.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      justbroke, we've already moved. With a howling beagle and a squawking parrot and baaaaaad credit/fresh BK, we knew we were not candidates for the nicest complexes so we began our search during the BK. Found a great single family house, 100 years old, but gutted and redone inside, by the carpenter who has always down our house projects in the house we are now being foreclosed out of. Great arrangement - we got him down to our budget for rent, and we have the freedom to plant gardens, etc. We moved in July. There's still stuff we care about in the house that we are trying to either sell, or store etc. (new place is very small compared to the house we're leaving and I'm a bit of a collector of "I could make something out of that" type really interesting stuff, plus we had nice big furniture that doesn't fit in the new place. I'm just looking to find out if we have 30 days after the sale or 30 minutes after the sale, basically. So I know whether to ask for some [more] emergency time off from work to deal with this, or whether some time I already requested for a camping trip in October will be sufficient for finishing up there.

      Also, I'd seen that chart, but the bank guy I spoke with said that it's not as cut/dried as that - the customs vary all over the map from county to county. (Sounds weird to me, but he said there's somewhere in the country where you have 24 hours after the sale to get out. I gather that's not here, but 'up to 30 days' could include just one day, right?
      Figured out we were in trouble: (Wait, we're in trouble? ) Stopped paying creditors: Aug 2010 Filed Chap 7: Apr 29, 2011 341: Jun 1, 2011 Report of no distribution: Jun 1, 2011 Discharged Aug 2, 2011

      Comment


        #4
        Well, you technically should leave after it's sold, but if you don't -- you squat -- then they have to go through the eviction process which certainly takes more than 24 hours. Also, it's up to the actual new owner to demand that you quit/vacate and/or to start any eviction proceedings. That's why it's probably "unknown" what will happen in your particular case.

        Why not err on the side of caution and make arrangements to move the items into storage just before or after the sale? I would hate to see the bank come and change the locks and remove all your belongings!
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment


          #5
          That's what I was thinking too. Put your stuff in storage and you won't have to worry about it.

          Comment


            #6
            the stuff that is left is largely crap, but because we were disorganized, there may be treasures (such as the hardware bits for things we've already moved, or pieces of something that we think is all in the box we already took over) mixed in amongst it. I'm going up there and steeling myself to push through and praying I recognize any odd bits amongst the other odd bits of stuff. I have some craigslist ads out for some of the items and we'll do as much as we can and let the rest just go if we can't get it all taken care of by 9/30. Do I need to hand the keys over to anyone, or do they just get locksmiths in there anyway?
            Figured out we were in trouble: (Wait, we're in trouble? ) Stopped paying creditors: Aug 2010 Filed Chap 7: Apr 29, 2011 341: Jun 1, 2011 Report of no distribution: Jun 1, 2011 Discharged Aug 2, 2011

            Comment


              #7
              No keys. They will "breech" the door and replace the locks. I'm surprised that they haven't already done so, but that's probably because the place may look occupied.
              Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
              Status: (Auto) Discharged and Closed! 5/10
              Visit My BKForum Blog: justbroke's Blog

              Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

              Comment

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