If in spite of your best efforts, you have not been able to stop foreclosure, there is a tiny bright spot. In many cases, you have at least three months before you have to move. In some cases, you have upwards of a year.
This is time that can be used to either keep working towards a mortgage modification, home sale, short sale or refinance. Or, as a time to get your finances together to secure your next dwelling. How can this be? Here, we explain.
Pre-Foreclosure: What It Is & How It Can Work to Your Advantage
When you are initially contacted by your lender, you are sent a Notice of Default (an NOD). This notice puts the homeowner on notice that their mortgage is in default and that they need to take action to get current. At this juncture, the lender is either unable or unwilling to proceed with formal foreclosure proceedings.
In essence, pre-foreclosure is the beginning stage of the foreclosure process. There is still time to work with the lender. If you know that you won't be able to, then it's time that can be used to prepare to move.
The period between pre-foreclosure and formal foreclosure varies from state to state. In some states, it's as little as 30 days; in others, it can be upwards of a year.
Following is a state-by-state Breakdown of How Long It Takes from the Time a NOD is issued to the Beginning of Formal Foreclosure Procedures
Alabama: 90 days
Alaska: 120 days
Arkansas: 90 days
Arizona: 90 days
California: 120 days
Colorado: 5 months
Connecticut: 6 months
Delaware: 7 months
District of Columbia (DC): 120 days
Florida: 6 months
Georgia: 90 days
Hawaii: 7 months
Idaho: 8 months
Illinois: 7 months
Indiana: 7 months
Iowa: 7 months
Kansas: 120 days
Kentucky: 7 months
Louisiana: 6 months
Maine: 8 months
Maryland: 5 months
Massachusetts: 5 months
Michigan: 90 days
Minnesota: 120 days
Mississippi: 120 days
Missouri: 90 days
Montana: 6 months
Nebraska: 120 days
Nevada: 120 days
New Hampshire: 90 days
New Jersey: 9 months
New Mexico: 5 months
New York: 10 months
North Carolina: 120 days
North Dakota: 120 days
Ohio: 8 months
Oklahoma: 7 months
Oregon: 5 months
Pennsylvania: 8 months
Rhode Island: : 90 days
South Carolina: 6 months
South Dakota: : 120 days
Tennessee: 90 days
Texas: 60 days
Utah: 5 months
Vermont: 9 months
Virginia: : 120 days
Washington: 5 months
West Virginia: 4 months
Wisconsin: 9 months
Wyoming: 90 days
Following are two things to keep in mind regarding these time frames:
(i) in this foreclosure crisis, it's taking lenders longer to foreclosure in most instances; and
(ii) the NOD (formal Notice of Default) is commonly filed 3-4 months after a mortgage holder is delinquent.
What this means, in essence, is that you add this time to the time frames listed above.
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