Q: Does a NOD on a home have to be sent by certified mail and how long approx do you have to stay in your home if uncontest
Do you have an idea on how long I can stay in home. I am the caregiver and my client passed. Her son is letting me stay here till I find a place. Had a place but it fell through. Her son does not want to contest the foreclosure so I need to get a timeframe as to how long I can stay here
A: The N.O.D. or notice of default does not have to be sent via certified mail, though it would be good practice. I suspect the reason banks do not send it via certified mail is due to keeping its costs down. Furthermore, up and until a writ of possession is issued and executed by the sheriff of your particular county you do not have to leave the property. As an attorney that specializes in foreclosure related matters I would never suggest that a borrower proceed with it uncontested. Contact an attorney right away as once you are served with the complaint you will have 20 days in which to respond. The hiring of an attorney to fight the foreclosure can very well save your home.
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