foreclosure timeline s. california

[knightsbranch]

Hi all,
Can anyone help me with what may happen next timeline wise.
We had a nod registered on our first on 8/18/09. We are filing for a ch 13 but probably will not have it all together and filed for a month or so. We live in s.cal and I have a bofa previously countrywide mortgage.
Has anyone been sold out from underneath them while filing for a 13 ?
Thanks

[slam22]

Hi all,
Can anyone help me with what may happen next timeline wise.
We had a nod registered on our first on 8/18/09. We are filing for a ch 13 but probably will not have it all together and filed for a month or so. We live in s.cal and I have a bofa previously countrywide mortgage.
Has anyone been sold out from underneath them while filing for a 13 ?
Thanks

If you actually had a real Notice of Default recorded with the county in California you live in then no action can be taken until 90 days have passed. In your case that would be 11/18/09. At that point your lender can file a Notice of Trustee Sale. That sets the sale date. That is a minimum of three weeks from the filing date. So at the very least you would have until approx. 12/10/09 before the bank would be able to sell/take back the property. Bank of America is very slow so you will probably have more time. Once you do file then the automatic stay is in effect and everything at that point stops.