Got sale date in the mail today :(

[busted]

Sale date is set for July 13 but dh is planning to file next week. We don't know anything about how a sale works. We are in VA and want to keep our home. We spoke with the first lein holder and they told us they would wait for us to let them know if we would be able to set up a new payment plan but I guess they changed their minds. Second lein holder said we have about 3 month to see if we can continue paying them.

Guess we will try calling the first l/h on Monday and set up another payment plan. We really cannot afford to move anywhere.

So sad and scared

[SinkingFast]

With the Holiday in the middle of the week next week, you might want to find a way to contact your Lender directly with your BK paperwork.

Maybe try to find out the name of your Foreclosure Technician. Contact that person and get a fax number to send documentation to.

Either that, or be prepared to show up at the Court House on Sale Day with your BK paperwork in hand to stop the Auction.

The reason I suggest that is,......... You file your petition. It'll take the Clerk a couple of days to mail the notices. Maybe a week, once the notices are mailed, to get to the appropriate Dept of your Lender.

Filing next week is no guarantee that your Lender will receive Notice in time to stop the Auction from being held.

[busted]

Thanks SF, I didn't even think of that.

[poorme]

This means you'll have to file EARLY Monday, given a Tuesday sale - it would be best to be able to get the paperwork to the bank's f/c department by mid-afternoon if possible. If they're in the same town as you, maybe even drive it to their offices. Else, be at the courthouse and find the bank's representative before the sale to have the property scratched.

Good Luck

[busted]

IF we do not file before the 13th of next weeks sale date, how much time do we have to get our stuff out of the house, we're in VA. We cant even afford a moving truck or a storage to store our stuff

[poorme]

Worst case - a couple of weeks. But you should read up on your state's foreclosure and evictions process - it could be that you have a couple of months to move out. Essentially, if you are still living in the home when the sale takes place, the buyer will have to determine what to do with you and how that plays into their plans. It could be, they just want you out - and there's a process they have to follow that involves notices, court filings,,,'eviction notices' and scheduling. If you have a date in mind, you may be able to say to them..."look, I understand what's going on, but I have hardships her. We plan to be out of the house by <date>, and will leave it in good shape. Can you give us that long, please?" They may say yes. Otherwise, they have to PAY to move the process along, so you'd be saving them some money if they agree to let you stay until a negotiated date.