Foreclosure in Brentwood>Question Details

Brentwood Ho…, Home Buyer in Brentwood, CA

Can a lender start the foreclosure process (Contra Costa County) before it files a Notice of Default? My lender started foreclosing three weeks

Asked by Brentwood Homeowner, Brentwood, CA Sat Feb 6, 2010

before the NOD was filed. I only realized that had started it because they had not cashed my check for my regular monthly payment. When I called to see why it hadn't cleared, their rep stated they received it the same day they sent our file to a foreclosure attorney. We got behind under their instruction. They advised our loan modificatoin request would not be looked at unless we were at least 2 months behind. They denied our modification. I told them to note our file that we were sending a full months payment . They did not cash the check saying they happened to receive it same day they sent us to foreclosure attorny. I also asked what we owed to reinstate the loan, they refused to accept any payment until we provided documentation of our income. Can they start foreclosure 3 weeks before Notice of Default filed and can they refuse to reinstate our loan the way they did?

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6
I agree with the other answers, contact a real estate attorney knowledgeable in this area.
You may wish to post this type of question on http://www.lawguru.com
You can get some free advice there from a lawyer.
Web Reference: http://www.lawguru.com
0 votes Thank Flag Link Fri Feb 10, 2012
A lender cannot refuse to provide a reinstatement amount. They can refuse to accept a payment that does not bring the loan current, however. They can "start foreclosure" before filing an NOD only in the sense that they are turning it over to their foreclosure department. The process in California in so far as it affects the timing and when it becomes a public record actually starts with the filing of the NOD, however. You have the right to demand a figure that would bring the loan current. If they refuse to give it, and you have a record of that, then you have an affirmative defense to the foreclosure.
0 votes Thank Flag Link Mon Dec 19, 2011
I hate to beat a dead horse but in your case an attorney is the best alternative. Ask him about how to file a 'notice of intent to save your home' and discuss looking into going on the offensive by seeing if your case fits some of the cases recently dealing with housing discrimination and fair housing violations. (IT may not be worth it but its worth the discussion). In some cases, how the bank deals with your declined loan mod file comes into play in very interesting ways...
Web Reference: http://bob2sell.com
0 votes Thank Flag Link Mon Feb 8, 2010
Kathy is right,
Contact a Real Estate Attorney ASAP
verify when they filed the NOD prior to seeing the attorney and go from there.

From what you have said it doesn't sound right.
Are you sure you were not another month behind already?

Harold Sharpe
So Cal Homes Realty
(951) 821-8211

http://www.socalhomesrealestate.com
0 votes Thank Flag Link Sat Feb 6, 2010
They can certainly start the foreclosure process, but I find it odd that they would not accept your payment.

Depending on the type of loan you have, it may be in your best interest to do a short sale. More information can be found at http://www.shortsalesheep.com. I'd be happy to talk to you and explain the process.

Once you recieve your NOD, you will have 30 days to :cure: it - or bring your payments up to date. If this does not happen, the next notice you will receive is the auction date, taped to your door by the sherrif.

You can delay the auction if you are in contract with a short sale.

Let me know if you have questions- I'm here to help!
Web Reference: http://cindihagley.com
0 votes Thank Flag Link Sat Feb 6, 2010
The Hagley G…, Real Estate Pro in Pleasanton, CA
MVP'08
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You should definitely discuss your situation with a Real Estate attorney.

There's probably alot more information that would be needed to find out exactly what happened during the process.

Good luck and make sure you make an appoinment with an attorney soon!
0 votes Thank Flag Link Sat Feb 6, 2010
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