No, it probably is not illegal. Once you have the notice of foreclosure, then you should make plans to move. Some companies move faster than others, but basically if you are not paying for the housing, you have no right to remain in the house.
NOD stands for "Notice of Default".
Usually after 3 months of not making payments on your mortgage or rent, you will get a foreclosure notice. If you are renting its usually sooner.
If the lender does not correct your credit report, then you could send a letter and a copy of the court's decision to the credit agencies. Still, a notice of foreclosure may remain, and I am not sure whether you can make that go away.
The homes in foreclosure are sold at auction after notice and publication of the date, time and place.
There are multiple steps that a lender must complete in order to initiate foreclosure. These steps include providing the homeowner a notice of default, a notice of acceleration, a notice of sale and finally inclusion in a public auction.
Foreclosure notices are served on those who have not been able to keep up with their mortgage payments on their home. They are akin to an eviction notice, as the bank is claiming their property.
The best way to avoid foreclosure is to prevent the filing of a Notice of Default. Lenders do not want to foreclose but will file a Notice of Default to protect their interests, if necessary.
Generally, if you are the owner you should be prepared before the foreclosure sale. You will be given notice of the time and date of the foreclosure sale. When the foreclosure sale takes place and the property is sold you will no longer have the right to enter the premises. You should remove your personal belongings before the sale.
Be aware that a pre-foreclosure property is not necessarily for sale. The pre-foreclosure stage is the period between the time in which a Notice of Default (in non-judicial foreclosure) or lis pendens (in judicial foreclosure) has been issued to the homeowner and after the property is sold at a foreclosure auction.
Pre-Foreclosure is a term the banks use internally to track the property's status. Essentially, what it means is that the home has already gone into default and a Notice of Default has been recorded. Pre-foreclosure is the time between the NOD filing and the Filing of the Notice of Trustee Sale.
Notice of foreclosure as described above must be served on all occupants/owners of the property being foreclosed upon at least four (4) weeks prior to the foreclosure sale. Homestead properties require eight (8) weeks notice before sale.
If it has taken legal possession of the property the answer is yes. The mortgagor would have been given notice of the sale by certified mail and by a publishing in the local newspaper. Many homeowners who are facing a foreclosure are so distressed they fail to open correspondence from the lender. However, that correspondence contains important information the lender is required to provide to the mortgagor. It should all be reviewed for details. If on the other hand the homeowner was not provided with notice of the impending sale according to state laws then the foreclosure may be defective. You would need to seek the advice of an attorney to make that determination.