I'm in a mess

[by0b]

California
The bottom line is, I'm close to losing my home. I am working on a mortgage mod. at this time. My lender recorded a notice of default and notice of sale. There is no lein recorded by the lender. Does this create problems for the lender if I am foreclosed on. No wise guy remarks please. ThanksWhat is the name of your state (only U.S. law)?

 

[FlyingRon]

Are you sure there's no deed of trust, lien or anything else recorded? That would have been done at the time the mortgage was taken out. Of course, if the note allows them to do that, they can do so now so it will slow down foreclosure only a tiny bit.

Continue pushing for a modification, the lender isn't inclined to stop the clock on the foreclosure because modifications frequently don't work out.

 

[nextwife]

California
The bottom line is, I'm close to losing my home. I am working on a mortgage mod. at this time. My lender recorded a notice of default and notice of sale. There is no lein recorded by the lender. Does this create problems for the lender if I am foreclosed on. No wise guy remarks please. ThanksWhat is the name of your state (only U.S. law)?

There is no recorded mortgage? The foreclosing attorney (at least in my state) attaches a copy of the recorded mortgage to the foreclosure filing. It seems odd they'd have a FC case without a recorded mortgage of some type.