Not sure if we rec'd NOD - what does it look like?

[sjr1]

Boy that sounds like a dumb question! But I really don't know if we've rec'd our NOD yet. Would it have come via certified mail? The last month's payment we made was March. We filed chpt 7 on May 23rd, so when we filed we were 53 days late.

How late do you have to be for the lender to send an official NOD? After we filed, of course the automatic stay was put in place. They filed for a lift and it was granted on July 30th. We have heard nothing from our mortgage company so far.

So, that's what has me wondering if we've actually rec'd the NOD yet. If I know the date of that document, I can get a better feel for how long we'll be able to stay in the house before the sale.

Should I call the mortgage company and ask if it's been sent? Or would that be calling undue attention to myself and, if they haven't sent it yet, prompt them to send it sooner than they normally would?

[b_girl]

Seems like you ought to be getting it soon. We haven't gotten far enough into the process to get a NOD, so I can't help here. Hopefully someone has an answer for you, but I definitely wouldn't call your lender if I were you...let them do all the work. Good luck!

[BassBoy]

The NOD will say something to the effect that your loan is in default and you must cure the default by your next mortgage payment date. This is usually at the 60 days late. There may also be some verbage about mortgage accelaration.

You more than likely won't hear much from your mortgage company. If you can access public records, you can do a name search and see if anything has been filed. You'll receive those documents in the mail anyways, but you'll be able to keep on top of it. This can also help you determine when you should be getting ready to move out.

I agree with b_girl about not contacting the lender/bank.

[sjr1]

accessing public records?

how do I do that?

[BassBoy]

If your county has access to Public Records, via the web, you can go to your county's website and you can do a Records Search from under the clerk's office, then you will need to look under civil case dockets and more than likely, you can do a search by name. These will be links to each department/section of the website, so it should be fairly easy to navigate through.

[hnhlvr]

Mine came within three months of defaulting. About 17 copies of NOD were sent to my husband and me (and I'm not even on the loan), including eight or so that were sent certified, some via regular mail, and then one taped to the door. When you get one, it'll be very obvious and be sent by a trustee NOT your mort. co.

[AngelinaCat]

Please excuse my ignorance, what is a NOD?--Notice of Discharge perhaps? That thought just occurred to me.

[BKParalegal]

It is a Notice of Default and is required for foreclosure in judicial states.

[slam22]

We have not made a payment on our 1st or HELOC since March and we have not yet recieved a NOD. I checked our county clerks office online and no NOD has been filed. We won't see one before our discharge which should occur the first week in October. We are going to be in this house at least another five months (that would be almost 1 year rent free) before we have to leave. Countrywide is pretty backed up in Southern California.

[No Gravy]

Boy that sounds like a dumb question! But I really don't know if we've rec'd our NOD yet. Would it have come via certified mail? The last month's payment we made was March. We filed chpt 7 on May 23rd, so when we filed we were 53 days late.

How late do you have to be for the lender to send an official NOD? After we filed, of course the automatic stay was put in place. They filed for a lift and it was granted on July 30th. We have heard nothing from our mortgage company so far.

So, that's what has me wondering if we've actually rec'd the NOD yet. If I know the date of that document, I can get a better feel for how long we'll be able to stay in the house before the sale.

Should I call the mortgage company and ask if it's been sent? Or would that be calling undue attention to myself and, if they haven't sent it yet, prompt them to send it sooner than they normally would?

It varies with each state, and sometimes with a particular area. If you're in an area with a really high foreclosure rate it may take longer. I last paid the mortgage in March 08, so I owe from April 08 to current. I received notice in mid-July (4.5 months of non-payment) that an NOD was about to be filed.

In CA, after receiving the NOD there's an additional 3 months (90 days) to cure the loan. After the 90 days they schedule a foreclosure sale, and have to give you notice at least 20 days prior to the sale.

I got 7 copies of my NOD, 4 were sent certified (return receipt, which meant I had to sign for them), and 3 regular mail. Then 2 weeks later I got another 2. Then 2 weeks later I got 10 copies (in one day) of a "Substitution of Trustee."

My NOD said at the top:

Important Notice
Notice of Default and Election to Sell under Deed of Trust

It's possible that this would be worded differently in different states (I'm in CA). It also may differ if you live in a judicial foreclosure state, as opposed to a non-judicial state (like CA)...simply put is that they don't need to go to court to proceed with the foreclosure, as long as it's done with proper notice.

Oh! And it's NOT a dumb question! When I was 30 days behind my lender sent me a letter that had the words "Default notice", and since I'd been reading about how the timeline starts when you receive a NOD, I thought I had and that was it. It wasn't

[sjr1]

Received letter from an attorney for mortgage co?

Funny timing - we just rec'd a letter from an attorney representing the mortgage company yesterday (hub got one, I got one, and it looks like one was attempted by certified mail).

It says we have 45 days to bring the loan current or it will get submitted to the circuit court for foreclosure.

We are in Maryland, which is a judicial state. But, I don't know what the timeframe is after it gets submitted to the circuit court.

I left an email asking my attorney, but since we're close to discharge, nothing but crickets chirping from him.

[wtu]

I just received my notice of default today. I am guessing they sent two copies, but don't know. I received a notice of a certified letter from the same law firm. Yeah good luck on that - I will never make it to the post office to pick it up.