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We are about 5 months behind on our payment, we are and have been in the process of loan modification since last year. We are receiving letters from recon-trust that I don't understand. Can they evict us before we know the result of the loan modification? And say we do not get the modification, how long before we have to be out of the house? I know people that have defaulted on their loan going on two years and they are still in the home. Is this unusual??

chrisgummerson · Posted: Tue May 24, 2011 2:29 pm Post subject:

On a deed of trust, the law is, once you are 90+ days behind, they issue a notice of default NOD, then the lender has to wait 90 days before they can issue an notice of Trustee Sale, They have to post this notice for 21 days before an auction can take place. If you are in modification with your lender, it does not stop the foreclosure process.

adonis · Posted: Tue May 24, 2011 10:07 pm Post subject:

Hi jen,

If you have applied for a loan modification, then the lender won't evict you from the property. Unless the lender informs you about the result of your request for a modification, he won't start foreclosure proceedings.

If the loan modification is denied and your property goes for foreclosure, then you'll receive an eviction notice from the lender. This notice will mention the time period within which you'll have to leave the property.

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