How long before they send notice to foreclose?

[sleuthr]

Hi there! I'm new here and don't quite really understand how this all works but here goes:

I lost my job in December and can't claim unemployment because I didn't have an income the past couple of years while going to school. My parents were helping me out but they can't do that forever. About a month before I lost my job, I filed for Ch7 and was discharged in February. My mortgage company obtained a Relief from Stay before my discharge. I did not reaffirm my mortgage and my last payment was in October.

With the job market such that it is right now, I have no idea how I'm going to get an apartment after my mortgage company forecloses (which they haven't done yet!) My plan is to hang out as long as I can to save what little money I can (I get a small amount of child support every month and money from my parents.)

Does anyone know how long the mortgage company needs to wait in Oregon before sending me the foreclosure notice? I haven't made a payment for 5 months and am coming up on my 6th missed payment.

The Relief from Stay that was granted said: Stay Relief and Codebtor Stay Relief without Cure Opportunity. I assume that means that I don't have the option of reaffirming, even if I wanted to?

Thanks everyone!

[jessegirl]

I have no experience with this and I am only going to give you an answer on what I have read on this forum. Once your BK is discharged I believe they can foreclose at any time. Especially, if they got a relief of stay. Know one really knows how long it takes. Each case is different. I once read where someone said if you go on your cities web-site you may be able to see how long it took before they auctioned a property. I know my next door neighbor forclosed and it took about 6 months for them to kick him out.

[sleuthr]

Thanks for your reply. I'm kind of wondering if the bank is so backlogged with other foreclosures that it's taking longer to get around to sending the letter. From what I've read on the process in Oregon, a notice of default needs to be filed with the county first. I've checked there and so far, nothing appears. I am laying low and don't want to ask anyone involved, which is why I came here.

Maybe the mortgage company just did what they had to under the BK timeline in order to get the Relief from Stay. I have no equity to speak of and my payments are pretty high so it makes more sense to quit paying now to save for something else. I'm just trying to get an idea of when I should plan on moving Hopefully I can get something near my kids' school!

Thanks again.

[jessegirl]

Thanks for your reply. I'm kind of wondering if the bank is so backlogged with other foreclosures that it's taking longer to get around to sending the letter. From what I've read on the process in Oregon, a notice of default needs to be filed with the county first. I've checked there and so far, nothing appears. I am laying low and don't want to ask anyone involved, which is why I came here.

Maybe the mortgage company just did what they had to under the BK timeline in order to get the Relief from Stay. I have no equity to speak of and my payments are pretty high so it makes more sense to quit paying now to save for something else. I'm just trying to get an idea of when I should plan on moving Hopefully I can get something near my kids' school!

Thanks again.

Yesh, i would try to save as much as you can.... Maybe there is a backlog in your count, but thats good for you. Some people have said on here that they have paid in a year and are still there. I guess it just depends. I wouldn't make any noise about it to the mortgage company. Just lay low like you are doing. Goodluck...