Stages of Foreclosures in Alabama
What are the three stages of a foreclosure in Alabama?
Introduction
Alabama is a non judicial foreclosure state which means that a foreclosure does not have to go through the court system. This is different from judicial foreclosure states such as Florida. So when someone in Alabama is facing foreclosure this can mean different things as even though we are a non judicial state, often times a lawsuit is the final stage of foreclosure in Alabama. We have written this article to give you an overview of these three typical stages in an Alabama foreclosure.
These are three main stages to a foreclosure in Alabama:
- Before the foreclosure sale
- After the foreclosure sale
- The ejectment lawsuit
Let’s look at these stages.
Stage One – Before the Foreclosure
This is the time when the mortgage company – normally the servicer – notifies the consumer that the loan is being accelerated and that a forclosure sale will occur in 30 or more days.
The foreclosure sale must be advertised in the proper paper in the county where the property is located – normally for three consecutive weeks.
During this stage the consumer is normally trying to do one of the following:
- obtain a loan modification,
- reinstate the loan,
- obtain another loan,
- seek advice from a bankruptcy lawyer on filing a chapter 13 bankruptcy to stop the foreclosure, or
- contact a consumer protection attorney to see if they can sue the mortgage or servicing company for breaking the law which will have the effect of normally stopping the foreclosure sale.
A modification is a change in the terms of the loan. Perhaps the past due interest and principal will be put at the end of the loan. Or the interest rate will be modified. Or the mortgage company will accept partial payments. This is the area in which the most rampant fraud occurs as the mortgage company or servicer will often promise to modify the loan, the consumer will rely (believe) the lie and then be damaged when the foreclosure sale happens.
Reinstating the loan means to bring the loan current or to pay a portion of the alleged amount owed so that normal monthly payments are resumed and the foreclosure sale is cancelled. Again, we see lots of fraud in this area as mortgage companies and servicing companies will tell Alabama consumers that a payment of, for example, $5,000 will stop the foreclosure sale and then the next month normal payments will resume. Instead of honoring its promise, the company will take and cash the $5,000 and then foreclose anyway saying the $5,000 was not enough to bring the loan current.
Often consumers will try to obtain a new loan but this is difficult given the negative credit marks that are normally on the consumer’s credit reports due to the late mortgage payments.
Many consumers look to a bankruptcy attorney to see if filing a chapter 13 bankruptcy is a good option to stop the foreclosure sale. Chapter 13 can be effective at stopping a foreclosure, at least temporarily, but one must still address the underlying issues of illegal charges, fraudulent statements, improper notification of the foreclosure, etc. that we discuss in our article here on Wrongful Foreclosures In Alabama.
Finally, some consumers who are in Stage One seek information and advice from a consumer protection lawyer that has an understanding of how foreclosures work, particularly in the context of securitization. Whether you talk with us or another experienced consumer protection attorney, you can better understand if you have a valid lawsuit to file against the mortgage company or the servicing company. Along with the lawsuit, sometimes it is appropriate to file a Temporary Restraining Order (TRO) to get a judge to order the foreclosure sale to stop. Other times the mortgage companies figure out it would be foolish to go forward with the sale after we have filed a lawsuit against them.
Stage Two – After the Foreclosure
When the consumer is unable to stop the foreclosure sale, then it must occur on the advertised date. This seems obvious but sometimes the mortgage company will decide to do it on a different date and unless proper notice is given of this change, the sale may be considered an illegal sale. But assuming the foreclosure sale occurs on the day it is supposed to occur, what happens at the sale and what happens next?
The sale normally occurs at the courthouse or the more precisely on the courthouse steps. Whoever is the high bidder will be able to buy the property. Sometimes this can be investors but more often it is the company that claims to own your note right now.
The new owner will then record a foreclosure deed in the probate court of the county where your home is located.
Normally the day after the foreclosure sale a letter will be mailed to you (certified and regular) from the lawyer representing the new owner informing you of the sale and advising you to leave or vacate your home within 10 days. If you don’t leave within 10 days, you can lose your right of redemption
You will have a decision to make. Do you leave your home and preserve your right of redemption or do you stay in your home and force the new owner (normally your mortgage company) to sue you in what is known as an ejectment lawsuit (Stage Three below)?
This area (and all of the areas we mention in this article) should be evaluated with a lawyer you trust but here are some general considerations:
- Do you want to stay in your home?
- Do you have a legitimate lawsuit that you could file either directly or as a counterclaim to the ejectment suit that will be filed against you?
- Who bought your home – the mortgage company or an independent person or company?
- Are you prepared to fight or do you want this matter to end with you losing your home?
There are many other considerations based upon your unique circumstances that we can discuss but these will give you a sense of what you might should think about as you decide whether to leave your home or not. Also understand that whether you leave your home or not does not impact whether you owe a deficiency on the mortgage. A deficiency is where you owe more than what was recovered at the foreclosure sale.
Stage Three – The Ejectment Lawsuit
If your home was sold at the foreclosure sale and if you do not move out in ten days, you will often be sued by the alleged new owner of the property to evict you (or eject you) from the property. Often a request for any deficiency is made in the lawsuit as well as a request that the judge “declare” that you have lost your right of redemption.
As we have discussed in the context of a debt buyer lawsuit, you need to make sure you answer the complaint. Normally you will have 30 days to answer the lawsuit. Most people don’t answer and therefore a default judgment is entered against them which includes being ordered out of your home.
So answer the lawsuit. Some people feel comfortable doing this on their own – if you are in this category then the advantage is you will save money on legal fees but the disadvantage is you will not have the expertise of a litigation attorney. Keep in mind that judges will expect you to know the law if you are acting as your own attorney.
Others want to hire a lawyer. Keep in mind that some lawyers have never been in a courtroom. There is nothing wrong with this but you need to understand if the lawyer you are looking at has tried cases, taken depositions, handled appeals, etc in the civil context.
Regardless of how you respond to the suit, along with your answer you may want to consider filing counterclaims against the company suing you if it is the original mortgage company that foreclosed on you. We will often add, in our counterclaim, the servicing company and other companies that were involved in any fraud, breach of contract, negligence, etc. in handling the loan payments, inspection fees, etc.
There is power in being the defendant and filing a counterclaim. Think of it this way. The mortgage companies/servicers have lied to you. Broken the contract. Probably don’t even have the right to do anything with the loan as they don’t know who owns the loan. On top of this they threatened to foreclose. Not only did they threaten to foreclose but they actually had the audacity to sell your home on the courthouse steps to themselves. Then, to kick you while you are down, they threaten you with eviction. Then to top everything else, they sue you. Now you sue them. This gets rid of all of the bogus arguments that you are “sue happy” or looking for a reason to sue these guys. They have done all of this to you and now they sue? If you ever want a chance at justice and you have legitimate claims, you have to make those claims now in most cases.
Few other points – since the mortgage company sued you in Alabama, most judges will make their “corporate representative” come to Alabama to give a deposition. After all they chose to sue you here so they should have to come here. Being the defendant you can often keep the case in state court (where you were sued) rather than go to federal court. There are advantages and disadvantages of both courts but you do have some options as the defendant.
Conclusion
No matter what stage of foreclosure you are in you have options if the mortgage company or servicing company has violated the law. As we discuss on this website, you must do things:
- Gain knowledge of your rights; and
- Take action!
You are gaining the knowledge – now make sure you take action. You can meet with us (or any reputable consumer protection lawyer who litigates cases) for a consultation to learn how the law applies to your unique situation and what options you have.
We are here to help you if your home is in Alabama. You can contact us through our website form or you can call us directly at 205-879-2447. We have a receptionist standing by from 8 am to 8 pm to answer your call and transfer you to Randi who is our paralegal in charge of foreclosure defense intake. She will gather information from you and then we can meet at our office in Birmingham, Alabama, for a meeting to go over your rights. We have over a dozen conference rooms available so having a comfortable space to meet and spread out any documents is not a problem. You just need to take the first step by taking action and calling us or filling out the online form and we will get back with you very quickly.
Best wishes and as we add articles we will include links to them below so you continue to gain understanding about your rights with respect to foreclosures in Alabama.
To whom this concern: I’m trying to stop the eviction on my home and set up a work out plan to have my home reinstated to me. they foreclosed 8/24/12. I’m in this situation due to lack of business in the mortgage industry. I was a mortgage loan officer for over 20 years.I have lived in the home for 20 years. In 2009 New South Federal Savings Bank closed their doors. I was a commission employee so I did not receive any serverance pay. I did receive my 401k, which I took a penalty on to catch up the payments. I went on the be hired by Midtown mortgage company, this was a broker,but to a sudden lay off I had to go where I could continue getting income.
Business there was slow due to what was going on with B P Oil and mortgage company getting strict with financing mortgage loan. I left April 2011 to look for better employment. I filed chapter 13 at that time to included the arrearge. Al of this was told to my lender Alabama Housing Finance Authority. They gave me no option when the government was putting all types of plan to help homeowners.so this was why I fled and it was accepted. I started with Nationstar mortgage 10/12 and they closed their doors to the mobile branch one month after I started. at 51 years of age it was hard to find something else, so I changed my career and I am now with Mobile County Public School. I notified the mortgage company and They ask for a lot of paper work, which I provided, but do the employment process with the school board I had to reccommend to the board for approval, which was going to happen 8/30/2012. I ask them to postpone until that and they did not want to work with me. I have worked all of my life, never been fired and never had a gap of employment unt the mortgage crisis came along. They would even give me a chance to do a quick sale, which the property had decreased from $98,000 to $75,000 is what two houses in my neighbor hood have up for sale.
So I need help, I do not want to move and due to my credit being hit with the bankruptcy and foreclosure I can get a apartment.
I’m sorry you are in this situation — I know it is very frustrating.
Often the mortgage companies don’t act according to “common sense” as they often have different motivations than we would expect. Sometimes they make more money foreclosing on a house — even one that is “upside down” because someone else is going to pay the difference.
Contact my office if you still have questions or need help — for some reason your comment was delayed so hopefully you have already been able to make the best decision for you.
I hope all is going much better for you now….
John Watts
Birmingham, Alabama
Is a deed in lieu of foreclosure an option to get out of the property and not have it on your record?
John,
To some extent it is.
All depends on what you mean by “record”….
On credit reporting, it depends on what the mortgage company tells the credit reporting agencies. Often it is counted as a “foreclosure” but this needs to be spelled out in the written agreement if you want it to be different.
As far as the probate court, there is no actual foreclosure so at least in Alabama there should not be anything saying foreclosure in the probate court. The “deed in lieu” will be in the probate court so someone could figure out that you were close to foreclosure but I think often this is better than having an actual foreclosure.
Do be aware that there may be tax consequences to doing a deed in lieu and you need to make sure there is not going to be any money owed. Again, it comes down to making sure you fully understand what is in the written agreement.
Best wishes and keep us posted if this is a good option for you.
John Watts
Birmingham, Alabama
Listen I need some advise… I have gotten a decision of divorce back almost 2 years ago.. and my ex was suppose to comply… however, he did not and he had a contempt to appear in court last week… and in the meantime… I found out that the home we shared was going into foreclosure… and I want the home… however,from what I know… he left the home as of May… and his name was on the home… however, he has not paid me what is owed to me… Is there anyway I can obtain this home with a lien on it … until all is done through the courts… ? Do I have any positive options…
Susan,
You’ll have to get with your divorce attorney — I don’t know what your options are but I suspect that you can not place a lien on the house. The mortgage company, assuming all was done correctly, has a right to foreclose and get the property that is the security for the loan.
But check with your divorce attorney and I hope you can get this straightened out asap.
John Watts
Birmingham, Alabama
We are already in chapter 13. My husband is 73 yrs. I am seventy.We bought my brothers house when he died.My neice sold us the house for forty thousand dollars at four hundred a month at 5% interest. The house was in a great deal of repair.When we got it paid down to 12,ooo.We decided we needed a new heating and other repairs.thats went our bank turned us down and told us Wells fargo Finance was being given to people with less than perfect credit.We are on social security.togetheri think it was twenty three hundred a month and a house pyt. of 1,087 a month. They paid off our cars and old bills and gave us 40,000 cash.It did’t take long until we were making the house payments out of that money.the house payment took almost half our income.The house would pay of when he was 80yrs.I would be seventy Seven.He now has pulmory fibious lungs.there is nothing they can do for him except keep keep him on meds. Wells Fargo never did a apraisal on our home.my husband make Three times more money in social sec.sec. The deed is recorded in my name only.The modifican they offered was only 150.oo less and said we should be happy with that.too late we figured out if he died. I could not afford the house. If i died during the fifteen years. He could not either. Yes, We were stupid. We rented a house and ours still insured at our propery. My Husband and I want to move back back becouse that was our home. My brother built it, My husband fixed it and we both loved it.Wells Fargo Financil-are cold and heartless!
I’m sorry you are dealing with this Shirley.
I’m a bit unclear if this house has been foreclosed or not.
If you live in Alabama, give us a call at 205-879-2447 and my paralegal Randi will be glad to get the details from you so we can know if we can help you or not.
Again I’m sorry you got caught up in this….
John Watts
Birmingham, Alabama
I have an investment property that I purchased several years ago with the intention of selling. I haven’t been able to sell it and have been renting it out. I am now without renters and the last renters did not pay rent for several months, left the house in shambles, and I lost my job and am not able to maintain the property anymore. The bank will be starting the foreclosure process soon. Can I just walk away? Since it is not my primary residence, what can I expect to happen as a result of the foreclosure? The only collateral is the house itself; my primary residence won’t be affected will it?
Will,
I don’t know if you live in Alabama and what your specific details are but let me give you some general thoughts assuming you live in Alabama and the property is in Alabama.
If you allow the foreclosure to occur, you may have to deal with a “deficiency” — we talk about that in this article: http://www.alabamaconsumer.com/2013/01/alabama-foreclosure-what-is-a-deficiency/
Basically a deficiency is when the property sales at foreclosure for less than what you owed on it.
The opposite is when there is a surplus — the sale brings more than you owe. In that case you would get that surplus. This is rare but I’ve occasionally seen it happen.
Here’s my suggestion — get with a foreclosure defense lawyer in your state and sit down with him or her to go over your options. It may be that your best option is to let the property go in a foreclosure sale. Or maybe it is bankruptcy (chapter 7) or it may be some other option.
You are very smart to start asking questions now — get the information you need and then you can make the best decision. I know you know this — sometimes the best decision is unpleasant — it still is the best decision out of unpleasant choices….
Best wishes!
John Watts
Birmingham, Alabama
I have been trying to sell my old home for over 4 years now in Blount County. I owe more than what the property appraises for now by about 20,000. Due to getting married and having children my family and I moved to another part of the state and my mother deeded her old home over to me and that is where my family and I live now. I also own some land that was deeded to me by family. I have tried very hard over the last 4 years to keep up with my mortgage and have never been late on a payment to this day but I see it coming, I can’t keep it up but maybe a couple more months. I have nearly depleted my savings just trying to keep from defaulting on that home. My wife and I have decided to make 2 more months payments and if we have no offers by then to start the forclosure process. Can the mortgage company come after the home that I own outright? How much deficiency could I be looking at? Is a balance forgiveness common? How long before I will be able to get an auto loan or things of that nature? Thank you
Brian,
I’m sorry you are in this situation.
Here are some thoughts for you and you are also welcome to call my office at 205-879-2447. I apologize for just now getting to your comment — been out of town the last week or so.
If the foreclosure happens, there could be a deficiency where the amount the property is sold for is less than what you owe.
If there is a deficiency, ultimately you could be sued. If you were sued, and lost, then this could impact the property that you own outright.
Often times at least the major banks (Bank of America, Chase, Citi Mortgage, Wells Fargo, etc) bid the exact amount that is owed so there is no deficiency but this does not always happen.
If you do have a deficiency, it may be easier to pay it off or settle it than to keep going in the hole every month on a house you do not live in anymore. These are tough decisions that many people are facing in Alabama (and elsewhere) and there is no right answer but we want you to look at all of your options.
As far as the damage to your credit report, a foreclosure is certainly bad. You have to balance this out with if you are able to get out from under the debt completely, how will this benefit your credit report? You won’t have as much debt.
As I mentioned — many options and possibilities. Give us a call if you would like to chat about it.
Best wishes
John Watts
Birmingham, Alabama
I filed Bankruptcy 13 last fall, and I started making my payments again. My income is not that much and I am feel I am not going to be able to continue my promise to the court in making my payments. Can the bank still foreclose on me under normal foreclosure laws in alabama or will it be tied up in court again.
Dave,
The Chapter 13 Bankruptcy will give you protection — what is called the automatic stay — but if you don’t make your payments either the case can be dismissed or the bank will request what is called a “Motion for Relief from Stay.”
This is a request to have the automatic stay lifted or removed so that the bank can foreclose. They do need to follow normal Alabama law on the foreclosure process.
I hope this has answered your question — if not check with your bankruptcy lawyer or leave a comment and I’ll try to answer it better.
Thanks and best wishes.
John Watts
Birmingham, Alabama
I don’t know where to start. we have a mortgage with GreenTree and we are 2 months behind. we filed chapter 13 and went through alot with Greentree trying to keep it in the bankruptcy. They through us out of bankruptcy and put the 2000.00 dollars we owed them in arrears. we got behind again becasue my husband is in construction and we just keep sinking. they put us in the paper with a notice, we cought up the payments they said it was never in foreclosure. they put us in the paper again. this time we were only a month and maybe a half behind. we received some kind of papers from an attorney asking us to answer if we are in default, but i don’t think we are because again it is only 2 months behind. we have never received forclosure notice and are billing statements never have what we owe on them. cant look them up on line becasue whenever we get more then a month behind they block it and it reads call jeff. and their phone number. we called jeff and he said that we need to get out and that they are sending our money back and to call money gram were we send it through because it should be because they are not going to except our payments. What should we do?
Dianna,
If you are in Alabama, get with a foreclosure defense lawyer ASAP. You can call our office at 205-879-2447 or get with another lawyer but get with someone.
Sounds like you are in foreclosure or have already been foreclosed. The next stage is being sued to be forced out of your home.
So it is critical that you figure out:
First, where am I in the process? What has happened and what is going to happen?
Second, where do I go from here?
You can’t figure out what to do without knowing exactly where you are right now. So that’s the first step.
Sorry you are going through this stressful time — if we can help give my office a call at 205-879-2447. We represent homeowners all over the state from Mobile up to Huntsville.
Thanks
John Watts
Birmingham, Alabama
John,
I have a question on behalf of a friend. It is a very complex situation. His wife died 2 years ago very unexpectedly leaving him with two young children and a house that was mortgaged in his wife’s name only. At the time and really until very recently it has been all he can do to just do the things he “must” in order to survive. At the time of her death a family friend who is an attorney stepped up and offered to assist him in probating her estate, etc. He provided them with a variety of things for the mortgage company and at their advice ceased making payments. Recently he has attempted to contact the mortgage company again and they never received the documents requested for him to even be able to discuss the loan. He has limited funds available and not enough insurance money to pay the house off. They continue to send his wife letters stating that they are going to foreclose – but no action has been taken yet. Any suggestions on his best course of action?
Sherri,
I’m sorry to hear of this sad situation. Ultimately if the mortgage company is not paid per the mortgage/note, then foreclosure is a legitimate choice.
As a general rule there is no requirement that I’m aware of that requires a mortgage company to allow a spouse or other relative to “step in” and pick up the payments. I have often see mortgage companies willing to consider to do this but only when the spouse is appointed as the administrator or executor of the estate of the wife.
If he wants to stay, then the best thing to do is to write and call and explain his situation and see if there is any help he can get. But since he hasn’t paid in 2 years and the house is not in his name, it may be best for him to consider moving and starting fresh.
This is one of those situations where everyone is put in a bad position — the mortgage company, the family, etc. I have not seen this work out very often.
If these folks live in Alabama they are welcome to call us and we can chat but I think this will end with them needing to leave the house.
Sorry I don’t have a “better” answer than this….
John Watts
John,
Thank you so much for your response. It is a very sad situation. I appreciate your candor on what you think the best solution to his situation is.
Sincerely,
Sherri
My mom has lived with my sister and her kids for 15 years. A few years ago her and her new husband bought a house left this one. My sister was still paying rent on this house because she did not want my mom move in with them in the new house. My mom stayed and sister continued to pay rent because her son lived there at time with my mom. My sister quit paying the mortgage 6 mos ago and now the house is being sold on the courthouse steps on 3/13/13. My mom is 83 and has health issues and she does not want to move from the home. What can be done if anything and how long would she have to move out once it is auctioned.
Sandy,
I’m sorry your mother is in this situation.
There are only a few ways to stop the foreclosure.
First, if your sister filed for bankruptcy this could at least temporarily stop the foreclosure.
Second, if the bank agreed to a loan modification but this seems unlikely as your sister would have to take the initiative on this one.
Third, if there was some wrongdoing by the bank then a lawsuit could be filed by your sister against the bank. Again, this seems unlikely as it sounds like your sister either could not pay the mortgage any more or simply chose not to pay the mortgage.
Once the house is sold at the foreclosure sale (I’m assuming the house is in Alabama), then normally a “ten day letter” will be sent to the house saying “You have ten days to leave (vacate) the house.”
If your mother does not have a legitimate (bona fide) lease agreement with your sister, then she will need to leave or she will be sued for “ejectment” (eviction) to be forced out of the house. If she is sued, she will have 30 days to answer the lawsuit once she is served with the lawsuit.
Bottom line it looks like your mother will need to leave soon unless your sister takes action.
I’m sorry your mother is in this situation. If she and your sister want to stop the foreclosure, they need to act very quickly.
Best wishes,
John Watts
My husband and I requested a modification on our home in January of 2013, here in Alabama. Today, March 22, we received a letter of foreclosure. However, we have never been issued any information on our modification request. When I called the mortgage company, I was told all the paper work had been in since Feb, but we needed to refile. How is this possible? We feel as if they did not complete our initial request on purpose. Any ideas on what to do?
Thank you,
Crystal
Crystal,
I’m sorry you are going through this. Here are some thoughts for you:
First, there are all sorts of different modification programs with different rules and procedures. But normally you are supposed to receive a notification in writing that your modification has been turned down 30 days before any foreclosure occurs.
Second, a key for you is going to be to document ruthlessly. By this I mean, call the mortgage company. Daily or more often. Document when you called, who you called, what happened, etc. Use your cell phone to have a record of the call. Take a screenshot to show the time of the call. Make notes as to what happened.
Call the foreclosure lawfirm. Ask everyone why this is happening and what your options are — tell everyone you want to save your home and you want their help.
Making you resubmit loan modification information repeatedly is a favorite trick of mortgage companies. But don’t give up — keep pushing and document every effort you have made and will make.
Third, understand the mortgage companies will often lie and sometimes your only choice is to sue the mortgage company violating the law. One advantage is this normally gets it out of the hands of some faceless person that you cannot get in touch with and puts it in the hands of an Alabama lawyer who is being paid to defend the mortgage company. The mortgage company has an incentive to figure out what went wrong and how to make it right with you as they are paying money to their lawyer and face the possibility of having to pay you money if the mortgage company violated the law.
Fourth, I think you need to get with an Alabama foreclosure defense lawyer. You can call my firm (Watts & Herring) at 205-879-2447 and ask to speak to Randi. She is our paralegal over foreclosure cases. She can get your information and then she and I will talk about how we can help you and if it makes sense to have a meeting to go over your options. Or you can call someone else but do call a lawyer who is licensed in Alabama and who handles these types of cases.
You may not need a lawyer — it may be that the mortgage company will do the right thing. But you may need one and better to get one sooner rather than too late.
If you want some information from us we will be glad to send you some materials to review or we can meet in person.
Thanks for your comment and we wish you and your family the best!
John Watts
I live in a home in Mobile Al. I have a loan with bank of america. I am behind on the mortgage payments, no doubt about that, but since March of last year I have been trying to get a loan mod. I sent all of the paperwork and later received a letter from them that I never returned a signed loan mod agreement, which I never received and the house was scheduled for foreclosure again. I did another round of paperwork and again the same. Finally, I turned in all paperwork again and actually signed a loan mod document in December 2012, but because the notary didn’t put the year on the signature page of the mod agreement they sent a letter to me on March 4th that they did not receive the loan modification documents and the house was going back into foreclosure. I immediately had the mod notarized again with the correct date and sent to them. My case manager said that should take care of the problem. He unblocked my account, put the foreclosure on hold and allowed me to make the payment for March, then about a week later, the mortgage company sent the payment for March back and I found out that the day after he un-blocked my account for me to make payment, the house was put back on the foreclosure list. In the meantime, I called repeatedly and they just wouldn’t call back. They finally started taking my calls again in April and since then, they say every day they are working on my file to have the house taken off foreclosure list and even allowed the March payment to be made, but when I called to make the April payment they would not allow it. I am 3 business days until the sale is scheduled on 4/23/13. I am at wits end, I have a legal aid lawyer, but when I went to see him, the home had been removed from the foreclosure list, though my case is still open with him. I have contacted my senator and asked them to intervene. I can’t believe that Bank of America is allowed to get away with this sort of behavior and take my home. I am waiting to hear from BOA, my legal aid lawyer and my senator. I have a 4 year old and no where to go and I have upheld my end of the loan mod to the letter, but it seems they are stringing me along until the foreclosure sale happens. The stress and mental anguish of this is horrible. Any Advice?????????
Anita,
Sorry I just saw this — I’ve been out of town in a conference.
It is amazing what Bank of America gets away with — lots of reasons that won’t be particularly satisfying to you.
You are welcome to contact my office and speak with Randi — she is our paralegal in charge of foreclosure inquiries. It may or may not make sense to fight this. Also if you are still represented by your legal aid lawyer then we won’t be able to talk to you — you will need to get with your current lawyer.
I’m sorry about all you are going through — I hope things have taken a turn for the better for you!
John Watts
In addition to the above, I have discovered that the last date of public notice was on april 10, but they have scheduled the foreclosure sale for April 23; I thought it had to be 30 days from the last public notice???
Anita,
The rules are a bit different when the foreclosure has been “rescheduled” — if you want to let us take a look at the notices and we can let you know if we think they were done properly or not.
John Watts
205-879-2447