I have not received a NOD letter before filing chapter 7 or after being discharged 3 months ago. The lender just called to check if I still live at the house. They told me because I filed bk they will not send any type of letters/notifications in regards to the house foreclosure. They did say that they would call to let me know if the house is for sale. Is this the appropriate procedure?
A Bankruptcy discharge does not reduce the requirements a mortgage company must follow to foreclose. So if California law requires a NOD as a requirement to begin foreclosure, the lender will need to follow that process.
Hope this perspective helps!
I cannot speak with California, but in Arizona, this is not only legal but typical.
Each state is different and it is not fair, in my opinion, because the lenders should give notice every time they move forward towards a sale or continuation of a sale.
Ask a California attorney.
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Please contact me directly with document for a free 30 minute consultation to get more concrete advice. This is not legal advice. I don't have enough information to give actual legal advice. I can only take the limited information presented and provide a framework to know how your situation may turn out. I may have questions that bring up issues you did not think were important but make a big difference.
Can not answer about California law but if a notice of default is required but a notice of foreclosure then the foreclosure maybe bad. In Texas first a NOD and accleration letter must be sent followed by a notice of sale letter.
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