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The Sheriffs Sale re. my foreclosure was originally scheduled

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The Sheriff's Sale re. my foreclosure was originally scheduled for March 10, 2011 but I haven't gotten a notice of the Sale or an eviction notice yet. I've done everything I know, to try to keep my home;six Loan Modification Applications within the last year (all declined). They offered me a Short Sale or Deed in Lieu of Foreclosure but I didn't go through with either because a friend told me that the mortgage company was just trying to get more money out of me.
I decided to declare bankruptcy - Chapter 7 (I have to) and my attorney said that would delay the foreclosure also. My bankruptcy attorney was going to file this month. I don't know if she did, I'll check.
In any case, a person (Mike) called me yesterday from the mortgage company (Fifth Third) and flat out asked me what my intentions are. I didn't want to show my cards so I didn't mention that I was declaring bankruptcy but told him that I thought I had done all I could and my only alternative was to go through with the foreclosure. Mike mumbled something about my having a 401K fund that I could use. That went right over my head as he asked me his next question. MY QUESTION IS: I have a 401K associated with my mortgage? And in what way could that help me save my house from foreclosure?
I HAD to get a bankruptcy lawyer but wish I could afford a real Estate attorney too. Please help because on one hand Fifth Third doesn't seem to want to foreclose but on the other hand, they don't seem to be working hard to help me keep my house.(?????)
Submitted: 3 years ago.
Category: General
Expert:  TaxTom replied 3 years ago.

TaxTom :

Hello, They are asking if you have a 401K retirement account that you can use to pay on the house. It is not a good idea to take out of you retirement account as you will have to pay taxesand pentalties in the 35-40 % range. If your debts other than the house is mostly credit card debt and you have no way of reducing your living expenses or increasing your living expenses than bankruptcy may be your only option. In most areas you can go to your county website and see the houses that are being offered for sale and it will show your house will show as sale cancelled. Thanks Tom

Customer:

Thanks, XXXXX XXXXX 'In most areas you can go to your county website and see the houses that are being offered for sale and it will show your house will show as sale cancelled.'

Customer:

Sorry about that, let me start over.

TaxTom :

Where are you located, county and state

Customer:

Thanks again. Of course you are right about the 401K. I am wondering what you meant by, "In most areas you can go to your county website and see the houses that are being offered for sale and it will show your house will show as sale canceled." I went on the county website yesterday and didn't find my home listed on the foreclosure list of homes, at all. Why do you think they would show the 'sale as canceled'? I don't understand. They haven't canceled the foreclosure, right? AND how in the world do I find out when the sheriff's sale is going to be, as Fifth Third doesn't seem to want to share that info with me?

TaxTom :

Whay county and state

Customer:

Kane, Illinois

TaxTom :

Let me do some checking

Customer:

Thanx

TaxTom :

You can all the clerks office and confirm if you property is up for sale but if it is not listed than the sale probably has been cancelled http://www.cic.co.kane.il.us/index.htm ThanksTom

TaxTom, Internet Researcher
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Experience: Years of experience of finding questions for employeers, family and friends.
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