When does Notice of Foreclosure come?

[whoops08]

We were discharged of our CH. 7 in 10/08. In the BK we included a condo that was an investment property. During the BK, the lender petitioned I guess to expedite the foreclosure process. Since then we have had a friend living in the condo until it forecloses. We have yet to recieve a notice of foreclosure or any communication at all. In fact the lender Countrywide, continues to send us statements. Since the property is not in the state that we live in, will they post the notice on the property itself or are they obligated to send us notice through the mail? We live in California and the property is in Hawaii.
We have tried contacting the lender and they don't have any information.
Does anyone know what the time frame is to have to move out? I want to be able to provide notice to our friend living there.

thank you

[dingdong]

The Hawaiian foreclosure process is very similar to the California foreclosure process.

Lenders can elect a judicial or non judicial foreclosure. Non judical foreclosure depends on the verbage in the mortgage, ( which gives the power of sale to the lender if the borrower defaults)

Non judicial is usually preferred as there is no need for a court order, just proper notice and publication requirements.

The lender also has to publish the Trustee Sale for 21 days, with at least 14 days notice prior to the sale date.

"Copies of the notice must be mailed or delivered to the mortgagor, the borrower, any prior or junior creditors, the state director of taxation and any other person entitled to receive notice. Additionally, the notice must be posted on the premises not less than twenty-one (21) days before the day of sale."

If you have already received a notice of default, but no notice of Trustee Sale, your tenants have a the very least 3 weeks from the sate the notice of TS is posted until an eviction notice can be sent, or in the case of a judicial foreclosure, a summons must be sent and then court date calendered ( which takes much longer to complete)

Have your tenants keep an eye out for the NOtice of TS, that will give them about a month until an eviction notice ay come. As an aside, they may be offered Cash for Keys since they are tenants.

You ight want to check Hawaii's eviction laws and see if there are any requirements/protections for tenants in a foreclosed property ( that extend notice).

California passed new legislation July/08 that extends the the time of notice fro 30 days to 60 days for tenants in a foreclosed property.

Easy to find out with a Google search