How long does it take for a foreclosure to take place....

**alotofgooddeals** · 01-15-2012, 09:16 PM

With some information that i just found out over this weekend...it looks like it is inevitable...so i am wondering how long this will take to go through and how long i have to stay in my home before they say we cannot stay any longer...ugh! Thanks for your help!

**OOwl** · 01-15-2012, 09:24 PM

I have a friend that hasn't made a house payment (or paid property taxes) on his property in over three years, and he and his wife are still living in their house. He did hire a lawyer, who employed some (obviously successful) stall tactics.

Another friend was forced to leave her property that would not sell and that she was upside down on after she lost her job in Washington state. It's been four years and they still have not foreclosed on the home (it sits abandoned). I'm sorry you're facing that.

**mombottoo** · 01-15-2012, 09:28 PM

When my sister was foreclosed on (before the housing bust) she was still in the house for approx. 18 months before she had to move. Not sure what the rules are nowadays...perhaps you could call a real estate attorney and ask. A lot of attornies will do the initial consultation for free.

I hope all works out for you (((((hugs)))))

**hmcart** · 01-15-2012, 10:41 PM

It really varies state to state. Here in Tennessee the average is foreclosure starts when you are 3 or more months past due. The house itself can be auctioned off within a few months from the process starting. I know alot about it because our mortgage company had misfiled input some info in our account and it caused them to start foreclosure process on our second mortgage even though we were not behind. It was a nightmare because it was less than 2 weeks from auction when it finally got straightened out and they realized what had happened. I did a lot of research at the time because we were talking to lawyers about it. Sorry you are going through this.

**alotofgooddeals** · 01-15-2012, 10:49 PM

i know that they have to send us a paper giving me 30 days before they review it for foreclosure...it has not gotten to that point and dh and i have decided that we are going to do everything within our power to catch this up etc....however i know that if something goes wrong vehicle breaks down etc...we are screwed and just want to be prepared for what may happen.....

**hmcart** · 01-15-2012, 10:56 PM

Originally Posted by alotofgooddeals

i know that they have to send us a paper giving me 30 days before they review it for foreclosure...it has not gotten to that point and dh and i have decided that we are going to do everything within our power to catch this up etc....however i know that if something goes wrong vehicle breaks down etc...we are screwed and just want to be prepared for what may happen.....

Yes I dont know where you are but they are supposed to send a letter of intent first. In our case it was never sent but again our case was very strange and was caused by a simple computer input error.

**alotofgooddeals** · 01-16-2012, 09:31 AM

and if i didnt send the paymet they would be reviewing us for foreclosure....i am thinking that will take a little bit of time to...couple of weeks maybe...so i am thinking maybe like 60 days to get what we owe to only less than 30 days late....I can do this....I will do this....the only problem i have is i work an academic school year which means first paycheck in march will only be half of what it normally will be...ugh! Like i said in the other post...life will go on and i will make it....dh is stressing to the max right now though and says he doesnt think his heart can take much more which in turn causes me more stress than actually losing the house....I so want to tell him to put his big boy pants on and grow up but at this time I know that is not what i should say....so i keep it to myself....as i understand where he is coming from however life goes on....

**Didi** · 01-17-2012, 08:10 AM

Good luck with everything!

Totally different country here, but my experience with people with debts is that some payment is usually better than no payment at all. It shows your good will and in my experience people (companies) are more patient than when they do not get a response or payment at all.

**ncarr** · 01-17-2012, 06:29 PM

I find that here in Florida where the market was hit hard it depends on the value of your house. Here in my condo complex prices have dropped so dramatically that we can't give them away. There are people here who haven't paid a mortgage payment in 2 years and are still living in their units.

**DWHISNANT** · 01-17-2012, 07:35 PM

I know how you feel. We are facing the same problem as you. DH had a major heart attack last April and has since went on disability. I am also disabled and have applied for disability. We don't get enough money to pay the house payment. If it wasn't for my SIL we would be homeless and hungry. When it rains it pours. I was diagnosed with cancer. A small spot on my lung and one on my liver. Will start chemo soon. I am to high risk for surgery. May God bless you and I will be praying that you don't lose your home. Just keep a positive attitude no matter how bad it gets and remember that someone else is already in a worse shape that we are.

**NikoSan999** · 01-19-2012, 08:44 AM

How far behind are you? Have you received NOI...Notice of Intent? Are you saying that's what you've already received?
Do NOT make a partial payment.

**Anna43** · 01-20-2012, 06:08 PM

Generally you have to be 3 months behind before foreclosure will start. Then they have to give you a 'notice of right to cure' with a certain time frame to do the cure, then they file the foreclosure and you must be served the papers. After that the court waiting period for you to file answer has to pass before they can request an order approving the foreclosure. After that comes the sheriff's sale. In Iowa if the property is your primary residence you can file a notice of delay of sale (between the time you're served and before the order is entered) which gives you six months from the date the order is entered before you have to be out. Each state's laws are different but the process is basically the same.

**ama** · 01-20-2012, 06:23 PM

I know people who lived in their house for a year going through foreclosure and they were able to save that money and land ok when they finally had to leave. Sorry you have to go through this, hopefully it all works out.

**alotofgooddeals** · 01-20-2012, 06:51 PM

i have since been able to file the income tax return and because the sale of my dad's house was at below market value we are having a loss thus not having to pay any tax on it...thus giving me my tax refund back...this is more than enough to pay what it is due and then some and that is what i plan on doing....the money will go into the account on the 1st of february and i still have not received a intent to file from them...which would give me 30 days so i feel that we are safe this time around.....thank goodness because hubby's health in the last few weeks is worse than we believed it to be and i to am having to have a mammogram. So this leads me to believe that stressing about things is not good for ones health....however we will make it we always do but rest assured as i told dh...the house payment will be made first before the electricity or the phone...and if we have to eat ramen noodles for the month than so be it cause i can't handle going through this again....

**NikoSan999** · 01-20-2012, 08:59 PM

Originally Posted by alotofgooddeals

thus giving me my tax refund back...this is more than enough to pay what it is due and then some and that is what i plan on doing...

Just a suggestion for what it's worth. It sounds like you are planning to make the payment plus.
I'd just make the payment/payments and late fees and what's left over keep hold of till the next payment or until it's needed to help on another one.
Foreclosure starts at 3 months. Then a NOI...Notice of Intent...at 6 months Foreclosure papers are served.
We're still in ours and haven't made a payment since Feb 2010. Nor have we been served foreclosure papers. But then it's Bank of Hell and Country Wide.