If you are going through a foreclosure, please read this.....
This is what happened to me and my family.....
We live in Sacramento, California so if you are in a different state, you will have to look up your state's foreclosure process....
We made a decision to let our house go when our mortgage payment increased to $2,300 a month, our loan to $329,000 and the house worth $180,000. These are really sad numbers. We could wait it out to see if things would turn around or we could be agressive and bit the bullet. We decided to bite the bullet.
Once our mortage filed a notice of default and had it recorded, we had 90 days to come up with the default payments which amounted to $15,000..... this was not workable for us, we have bad credit and no way to get it.... so we waited the 90 days out trying to save as much as we could.
Then after the 90 days, we were sent notice of sale which was within 21 days. We still had till 5 days before the sale to make the default payments, we didn't have the money. We couldn't refinance and we couldn't get a modification.
So on 9/8/10, are house was sold back to the mortgage company at 9 am. On 9/9/10, the appointed realty company showed up and offered us $1,500 keys for cash if we could be moved out by 9/18/10. We tried, but medical issues came up and I was going to have to have surgery on my eye. When the real estate respresentiative came back on 9/18/10, I begged with him to give us another 7 days and he said he would. On 9/25/10, we still couldn't do it. So when the respentative showed up I asked what would happed now, he said the mortgage company would precede with the eviction process.
So in a panic, we stayed and waited for the next move from the mortgage company. What people don't know, is it can be a long process before you actually have to move.
I didn't have money for a lawyer, so I did my own research. You cannot be physically removed from the house until a writ of possession has been filed with the court and given to the sheriff......
On 10/13/10, we were served with 3 day Notice to Quit or get out basically. Okay, panic set again. But, BY LAW, the mortgage company cannot legally throw you out. So we waited for the next move.
On 10/21/10 my eye surgery was performed and I was not able to do anything for about 2 weeks. I had to keep my head down to give the eye time to heal.
On 10/24/10 we were served with an Unlawful Detainer stating that the mortgage company had filed and the Sacramento County Superior Court that we were being sued. Okay, here I can't do anything because of my eye, and now what was going to happen.
In the summons, you have 5 days from receipt to file an answer back as to why you believe you should not be evicted. I took a chance to see if this would work. It did. I went down to the court house, not being able to see and filed the necessry papers. It cost $180 to file, but I got a waiver because I do not work.
Once that was filed, the mortgage company HAD TO request a court date to hear my side of the story. This is by law. On November 23, the mortgage company requested and hearing date, and the court set a time for December 15.
This gave enough time for my eye to heal enough and start to get things in place and start packing. I missed my court date due to medical problems with my dad. So now again, I am in a panic.
The mortgage company filed a Default of Judgement and issued a Writ of Possession. We were served with eviction papers on Christmas Eve and are scheduled for lock out on January 3.
But there is still something we can do to buy time. We have found a house who will accept us, but I don't think we can get everything moved by Sunday night. Besides, it has been raining here everyday.
Today I am going to court to file a Stay of Eviction. I can do this if i feel it will cause an extreme hardship on us. So I have to call the mortgage company to let them know what I am doing by 9 am and then go to the court and talk with their free legal advisers as to the paperwork needed, then wait to see the judge personally to explain my situation. This is not a trial. This is for a sincere legal hardship request. The judge can reward up to 40 days if required. I am asking until the end of January. Once that is done, then I have to run approved paperwork over to the Sheriff's office to stop the evicion January 3.
After that, we wll be moved and have gotten rid of the $329,000 loan and can start fresh.
So you see, if you are willing to go the mile, you can get the time needed to find some place else.
Although I have to admit, if you get stressed easily, this can really cause a problem. But it can be done.
Say a prayer for me today as I go to court and let God speak to the judge to give us just a little more time till the end of January.
Thanks Everyone
friendshelpingfriends
