Just got out of a legal seminar
Seminar called "Beating the foreclosure sale hammer". In a perfect world a lender can foreclose on you in 111 days: 90 days in the Notice of Default phase, and 21 days int he Notice of Sale phase. Under certain conditions, the lender may have to give you an additional 90 days to work something out, and certainly there are other ways to delay or stop a sale (short sale, loan mod, or something an attorney would tell you to do). One law goes into effect on Jan 1, 2010 requires a foreclosing lender says that a Notice of Sale must be recorded 20 days before a sale (not 14 as before). This just gives the homeowner a little more time. A big reason why there are so many foreclosures, and not many short sales or loan mods is because people just don't know that to do, they freeze up, and before you know it, 4 months have passed and the house is lost. Keep in mind, for a Notice of Sale to be valid, it needs to be processed 5 different ways, because you have due process rights afforded by the Constitution: 1. Notice must be physically posed on your house (they normally take a picture of the posting), 2. Regular mailings, 3. Certified mailings, 4. published 3 times in a row in a paper, and 5. the notice must be recorded.

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