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My home in CA has a foreclosure sale date of June 28th, 2010.

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It was our fam primarary...
My home in CA has a foreclosure sale date of June 28th, 2010. It was our fam primarary residence until Environ Health forced a shutdown of septic usage due to broken leach lines. We didnt have the money to repair problem so we rented apt about 45m from the house by the kids schools as home is in rural area of mnts. We tried four times to remod our loan with Chase since 4-2009 to no avail.20 pymntspastdue. FHA loan. How do we protect ourselves from Chase locking us out of our home with our belongings inside? Is it mandatory that one of us stay in the home at all times in order to prevent lockout? Do we have any rights to delay the sale date? We have two kids graduating June 23rd and dont have time or money to relocate our home belongings immediately. We feel Chase thinks we have abandoned the property. What should or shouldnt we do? Heard about produce the note buying time. Also, neighbors friend interested in buying house(cash)but Chase says must have MLS listing for 3 mos 1st.Was hoping to fix and move back in soon. Not prepared to lose house.
Submitted: 8 years ago.Category: Real Estate Law
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Answered in 21 minutes by:
6/19/2010
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 8 years ago
RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 32,851
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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Chase could change the locks pursuant to the terms of the mortgage if they need to preserve the property. This will happen when it appears the home is abandoned or is subject to vandalism or other possible damage. The lender has an interest in the home and needs to protect it. If you are unable to live in the home, you may want to remove valuable items, in the event that Chase comes and changes the lock. Until the home is sold to another party you can stay. Once certificate of title is issued to the buyer, you would need to vacate. You can apply to chase for a loan modification or contact a Realtor about a short sale and comply with the requirements from Chase. Additionally, you could contest the foreclosure but seeing how a sale date has been issued, judgment has already been issued. You would need to vacate the judgment, which would postpone the sale date. You should contact an attorney is you wish to do this and it could get complicated.
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Real Estate Lawyer: RealEstateAnswer, Lawyer replied 8 years ago
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