Sued For Ejectment After An Alabama Foreclosure? Find Out Your Rights….
Sued For Ejectment After An Alabama Foreclosure? Find Out Your Rights…
You are here as you want to know more about what your options are if you are sued for ejectment (eviction) after your home was foreclosed in Alabama.
The nearly hour and a half video above will answer a lot of questions for you. The article below does not duplicate the video but there is some overlap.
If you want to save your home, then I suggest you watch the video as it will be worth your time.
If you are ready to have a consultation with us, then call us at 205-879-2447.
We wish you the best!
John G. Watts
Would You Like To Know About Your Options To Save Your Home Even After An Alabama Foreclosure?
If So, Keep Reading….
Here’s who I am.
I’m John Watts and I have represented Alabama consumers in lawsuits since 1995.
I defend homeowners who are sued by their mortgage company for eviction (legal term is “ejectment”) after a foreclosure and I also counter sue the mortgage company for fraud and for any other illegal conduct it has committed against you.
Along with my law partner, Stan Herring, we have filed dozens of lawsuits against mortgage companies after they have sued our clients for ejectment (eviction).
Here’s why I’m writing this to you.
I want to share information (written materials — a book and articles — and videos) with you about your rights and options that may be available to you even after a foreclosure and even after you have been sued.
You may decide that you must or should leave your home.
Or you may decide that you can and should stay in your home and fight back against your mortgage company.
We have possible solutions to your problems. Let’s talk about several problems you are facing.
First Problem – You Have Been Sued After A Foreclosure To Kick You Out Of Your Home
You have been foreclosed and now the mortgage company (Wells Fargo, Citi Mortgage, Bank of America, etc.) or Fannie Mae or Freddie Mac has sued you to evict or eject you out of your home.
The lawsuit, normally filed by the law firm of Sirote & Permutt will also ask the court to rule you have lost your right of redemption and will ask the court to award money damages against you for staying in the home.
Second Problem – You Must Answer This Lawsuit Or You Will Lose The Case
If you don’t answer the lawsuit within 30 days then the judge can enter a default judgment against you.
This can prevent or seriously hurt your chances to bring the mortgage companies to justice for their wrongful acts.
Third Problem – If You Lose Your Case, You Will Have To Leave Your Home Or The Sheriff Will Force You To Leave Your Home
When homeowners, just like you, lose the case filed against them, this means they have to leave their home.
If you lose your case, you will have to leave your home. Either you will do this voluntarily or the sheriff will show up and make you leave.
Fourth Problem – Has Everyone Told You That It Is Too Late To Save Your Home Since The Foreclosure Already Happened?
If you are like most people, you have been told that once the foreclosure happens, it is too late to do anything.
We have clients that were told this by bankruptcy attorneys.
The sheriff who serves the lawsuit on them who mistakenly tells them “You have 30 days to get out” when they should have been told they have 30 days to answer the lawsuit.
Real estate agents who come to the door and offer “cash for keys” often will tell you it is too late.
Your friends and family will likely tell you it is too late.
That there is no hope.
It seems everyone has an opinion on this.
But as you know, just because the majority believes something, does not make it true….
Fifth Problem – Are You Dealing With Feelings Of Guilt, Helplessness, And Hopelessness Over What Has Happened
Let’s be real here.
We have all made mistakes.
Whether we are answering to ourselves, or to our spouse, or friends, when something bad happens we all have a tendency to feel guilt over it.
We think “If I had just done this or done that, then I wouldn’t be in this position.”
Sometimes our family (spouses, children, etc) or friends or co-workers don’t help.
Instead, they hurt us by suggesting this is our fault that the foreclosure happened.
They say “I thought you said you had handled this. I thought you said the mortgage company agreed to put off the foreclosure? What have you done to our family?”
So we feel guilt.
When we combine that feeling with what people tell us about it being too late to do anything (Fourth Problem), then it is natural to have a feeling of helplessness.
It feels like the world is closing in on us.
Where we will live?
What will we tell people?
Take guilt, add in a feeling of helplessness, and this normally produces a feeling of hopelessness.
“Why even try to do anything – it won’t do any good anyway” we tell ourselves.
But Despite All Of The Above….
You May Have Options To Stay In Your Home
You May Have Options To Fight The Lawsuit
Options To Sue Your Mortgage Company If It Lied To You
Or Violated The Note/Mortgage Or Broke The Law
Look, we understand the wonderful job the big banks and mortgage companies have done getting their propaganda out on the internet, on television, and in the newspapers.
They want you to think there is no hope.
They want you to not look into whether you have the right to sue for a wrongful or improper foreclosure.
Why?
Because….
- If the mortgage company did not follow the law in the foreclosure.
- Or did not follow the requirements of your Note and your Mortgage.
- If the mortgage company lied to you.
- Or if the mortgage company did anything illegal to you.
- Did the mortgage company violate the Fair Debt Collection Practices Act (FDCPA)?
- Or RESPA (Real Estate Settlement Procedures Act)?
Then….
You may have the right to sue the mortgage company.
To fight back against the lawsuit.
This is not what the mortgage companies want you to know.
But now you know this is a possibility…..
Here are some steps that lead us to a possible solution that we want you to keep in mind:
First Step – Alabama Is A Non Judicial Foreclosure State So No Judge Has Ever Looked At Your Foreclosure, Until Now….
The foreclosure happened because the mortgage company (on its own or with its foreclosure lawyers) decided it was proper to foreclose on your home.
Even though it was done at the courthouse steps, no judge or other court official approved of the foreclosure sale.
In essence, in Alabama, foreclosures are private affairs – like a repossession of a car.
So if you want a judge to look at the foreclosure, you have to sue before the foreclosure, file bankruptcy before a foreclosure, or fight now after the foreclosure.
Second Step – You Can Answer The Lawsuit And Have A Judge Or A Jury Decide The Result
If it is appropriate, you can Answer the lawsuit filed against you and put your claims in front of the court.
When we do this for our clients, we demand a jury trial and we put our defenses in the Answer to the lawsuit.
Now, you can have a judge look at the foreclosure and what happened before and after it.
Third Step – If You Can Sue The Mortgage Company, This May Allow You To Stay In Your Home
We also put our claims against the mortgage company for any improper foreclosure activities that occurred.
Our argument is that if the foreclosure was wrong, illegal, or improper, then there is no basis for suing our clients to kick them out of their homes.
We sometimes do this as a “counterclaim” to the ejectment lawsuit filed against you and other times we file a separate lawsuit (normally in federal court) against the guilty parties.
Fourth Step – If You Can Sue The Mortgage Company, This May Allow You To Recover Money Damages
If a company breaks the law, and it causes you damage, then you may be entitled to money damages as compensation.
Considering we are talking about a mortgage company potentially breaking the law and pushing you into a foreclosure, damages may be a real option.
And under the new RESPA laws (effective January 10, 2014), you can get statutory damages of up to $2,000 per violation.
Fifth Step – Sometimes The Foreclosure Will Be Set Aside As Void And You May Be Able To Stay In Your Home And Get Back To Making Normal Mortgage Payments
If you have the ability, and the willingness and determination, to fight back, then there are several possible outcomes.
One potential outcome is that the case gets resolved with the foreclosure being set aside by court order and you go back to paying your mortgage.
Of course you could lose your case, or you could win your case, but settling the case is always a possibility.
Here are some questions and concerns others have had that you may have also. These are answered in the video so we won’t repeat the answers here:
“I read online that all mortgages are invalid – is this true?”
“Who is Fannie Mae or Freddie Mac or some ‘Trust’ – that’s not who I paid my mortgage payments to every month.”
“What is a right of redemption?”
“Exactly what am I being sued for?”
“What is the FDCPA and does it help me in dealing with the mortgage company?”
“Do I have to hire a lawyer to help my family save our home?”
“It sounds like sometimes a foreclosure can be set aside. Have you ever done this and how does this work?”
“How do these cases settle so folks can keep their homes?”
“Are you promising me I’ll be able to keep my home?”
“I’m confused why the mortgage company foreclosed when I’m underwater – they are not going to make any money selling my house.”
“What should I do if I’m underwater – should I stay or should I leave?”
“What if I have equity in my home, should I stay?”
“I’ve heard of summary judgment – what will that mean in my case?”
“If I want to have a consultation with you, how much is this?”
“What do I get with the consultation?”
“If I have other questions can I bring those to the consultation?”
“Where are your offices and can you help me if I don’t live near
one of your offices?”
I’m Not Sure That I Should Believe Everything That I am Reading On The Internet, Including This Site.
We understand this concern.
A potential client once told us that her father had raised the same concern and her response was, “The only way I knew I had any possibility of staying in my home after a foreclosure is the information I read from these Alabama lawyers.”
We want for you to be smart and skeptical and carefully weigh your options.
This is why we put an incredible amount of free information on our site, including the hour and half long video at the top of the page.
Considering this information is free, we suggest that it is worth your while to consider looking at it.
I Want To Explore My Options But I’m Not Sure I Want To Spend Money Meeting With A Lawyer, especially If It Turns Out I Don’t Have A Case
We understand.
If you don’t have a legitimate case, then you need to save every dollar to spend on getting a new place to live, paying utility deposits, moving expenses, etc.
On the other hand, we normally charge a $500 consultation fee to meet with people who are facing or have faced foreclosure, as we don’t want to meet with people who are just looking for free information from us in a face-to-face meeting.
So how to balance these two perspectives?
Here is our solution.
If you are not willing to spend $500 to find out your rights, above and beyond all the free information included in this article, this video, and all the other content on our website, then save your money.
We would not be a good fit anyway.
BUT, if you are the type of person who has devoured this content and you are willing to take massive action to try and save your home, it is worth $500 for you to get with us and have your specific questions answered and to get the “good the bad and the ugly” on each option you have.
Call us at 205-879-2447 and we’ll be glad to set up a phone call, a video conferencing chat, or an in person meeting — whichever is most convenient for you.
We Want You To Feel Empowered With Knowledge After Leaving Our Office
When you leave our office (or the phone call), if you are like most people we see, you will have a feeling of relief at having some options to consider.
Some people decide to stay in their home and fight.
Particularly when they hold the lawsuit (counterclaim normally) in their hands, it gives them a sense of vindication and gives them their power back.
No longer are they the ones being dictated to by the mortgage companies.
Instead, they are now taking the fight to the mortgage company, regardless of what others may say.
Some people decide to leave their home (or maybe it is too late when they meet us to stay) but they are committed to suing the mortgage companies who have violated the law.
Others either have no case or decide not to pursue anything but they have the satisfaction of knowing they explored their options and made the best decision for their families.
We don’t know how you will feel leaving, but our experience and expectation is you will have a positive feeling of having a plan and knowing what your step needs to be….
If you feel the mortgage company has mistreated you and you are willing to work to fight back, or you want to determine if you have a potential case, pick up the phone and call us at 205-879-2447 or fill out our online contact form to set up a meeting with me and my staff.
Sincerely,
John G. Watts
PS – Remember if you have been served with an ejectment lawsuit, you have 30 days to answer the lawsuit in Circuit Court.
Keep an eye on your time so you don’t make the first critical mistake (discussed in the video) of doing nothing.
You want to take massive action.
Call us if we can help you — 205-879-2447.
The person who left the Relocation Assistance program form taped to my door drove around my neighborhood asking my neighbors if they knew me and that I was losing my home. Is this legal?
It depends on exactly who was doing that and the status of who hired the relocation person. If they qualify as a debt collector under the Fair Debt Collection Practices Act (FDCPA) then most likely this is illegal. If not, then it will depend on your state law. For example, in Alabama this may be an “Invasion of Privacy” or violate our “Deceptive and Unfair Practices Act”. Other states will have different laws that may be better or worse.
It is good idea to document what you are talking about — have your neighbors send you an email or write a short note describing who said what to them.
If you live in Alabama, feel free to fill out our contact form or call us at 205-879-2447.
Sorry you are dealing with this.
John Watts
My home foreclosed on June 5th. I received a “demand for possession” letter from the foreclosing attorney that said I had 10 days to vacate. Because I have not found a place to move to, I called the law firm – Sirote and Permutt- to see if I could have additional time to move. They told me that US Bank bought the house back and that I would have to contact them to get their permission. I called and emailed US Bank. A US Bank representative called me and said that in Alabama, they would not evict me until the 1 year redemption period ended – in other words, June 2013. During that time, I could catch up on payments or do a short sale. This sounded wonderful but I doubted it could be true. I spoke to a second person at US Bank who confirmed this is true. They said I should call the law firm to clarify about the 10 days or loose redemption rights letter. I called the law firm back and they say they are finished with their job and it’s up to the bank. I feel as if I’ve been given conflicting information and don’t want to risk a sheriff coming to my door to throw me out. I also don’t want to give up if there is still hope or if it makes sense for me to stay til I get back on my feet. Any advice in this situation?
I always thought it was over when the foreclosure happened and wouldn’t have known anything different had I not needed extra time to move. This just seems to good to be true.
Gina,
Normally after a foreclosure, you will be sued in an ejectment lawsuit.
I would be very skeptical of anyone telling you that you can stay in the house for a year. Normally the ejectment (eviction) lawsuit comes in a couple of weeks after a foreclosure.
If the bank is insisting that it will let you stay, get them to tell you that in writing so you can have some peace of mind.
Be very thorough in your documentation of every call, every conversation with anyone related to the bank or mortgage company.
The old saying “If it sounds too good to be true….” has been around because it is often true. If someone tells you something that doesn’t seem possible, ask them to explain it to you.
I wish you the best. I’m afraid that you will be sued — and before the one year mark — but I hope I am wrong.
If you have any questions, feel free to call my office at 205-879-2447 or contact us through our website to get specific answers to your specific questions.
John Watts
Hi John,
Thanks for the information – you were right. I just received notice of an ejection lawsuit.
Thanks,
Gina
Sorry you got the ejection suit — make sure you answer it in time so there is no default judgment. You still have an opportunity to present any clams or defenses as long as you don’t allow a default judgment.
Best wishes….
John Watts
How long after notice of the ejection do I have to answer? If I do not answer, how long until after notice of ejection do I have before the sherrif shows up? At what point will Wells Fargo offer cash for keys?
Thanks,
John
In Alabama, you should have been sued in “Circuit Court” which gives you 30 days to answer the Complaint.
Sometimes lawyers (improperly) sue you in “District Court” which only gives you 7 days to answer. This is an “unlawful detainer” which really is for when a landlord is suing to evict it. That is not the case in a foreclosure but these lawyers do this to cut down on your time to answer. Its bogus and there will be serious consequences to doing this in my opinion but they continue to do this….
If you don’t answer, the court will enter a “default judgment” against you. Then the sheriff will show up to make you leave.
If you are dealing with Wells Fargo, they normally do the “cash for keys” before they sue you. Often after they sue, they won’t do this.
Do keep in mind if Wells Fargo lied to you or improperly foreclosed, you normally will need to bring that claim in the ejectment lawsuit or else be very careful that you don’t lose your right to sue.
Best wishes and we do suggest you get advice so you can know your options and know the best choice for you and your family.
John Watts
Recently granted judgement in court against Mortgage co. pro se.
need advice 3187580800
You were granted judgment against the mortgage company or the mortgage company was granted judgment against you?
If you were, then congratulations — very impressive.
That means, depending on your state, that you were successful at least at this stage in one or more of your claims or in knocking out one or more of their defenses.
If you lost, then you need to see what the rules are for appealing, etc.
I would suggest getting with a foreclosure defense lawyer in your state to make sure you know your options and the implications of the judgment.
Best wishes in your fight against the mortgage company.
John Watts
Birmingham, Alabama
Mr. Watts, I am trying to prevent from being sued after foreclosure proceedings that took place 8/24/12. I am also trying to get the mortgage reinstated due to the lender not offering assistance to save my home. I had to file chapter 13 and lost my job in the mortgage industry for the third time after trying to work to keep my home.
the lender is servisol(ahfa. It was a fha mortgage and I requested for modification,government unemployment program,deferrment program and the hardest hit alabama program which I felt I qualified for being a loan mortgage originator for over 20 years. I was affected by the mortgage crash starting in 2009, bp oil which I still have a pending claim, property value crashing losing at least 15,000 in value, this preventing me from refinancing. Please advise, I was given until 11/1/12 to reply back to the court/attorney. I had another lawyer look at my file and his was charging more than I could pay upfront. I need help!!!
Gloria,
Please feel free to call my office and speak to my paralegal Randi Curb (205-879-2447).
Sounds like you have a lot going on — make sure you stay on top of your BP Oil spill claim as those can be valuable.
Best wishes and we will be glad to chat with you.
Thanks!
John Watts
Birmingham, Alabama
I have received an ejectment and really do not know who owns my mortgage.
Janie,
This can be a difficult question to answer. We now have some new rules that can require the mortgage lender or servicer to answer this question but normally after a foreclosure we can look at the court records and figure it out.
Let us know if we can help you.
John Watts
I too have received an ejectment notice. I have 30 days to reply to this lawsuit.
Janie,
If you have been served or just know that you have been sued, go ahead and get with a lawyer to advise you. Particularly with holidays it can be challenging to make schedules work and it will be better to find out your options and rights now while you still have some time to make a good decision.
Let us know if we can help — you can call and ask to speak with our paralegal Randi Curb at 205-879-2447.
Best wishes
John Watts
There was an Order entered to Stay the writ of execution for ejectment, after I lost my Foreclosure by default (did not properly serve). In violation of the order the Sheriff entered the property (while I was out of town) and destroyed or pilfered many of my personal things. Can I sue for wrongful ejectment and or invasion of personal and financial privacy? ( I read this on your website).
Joyce,
Do you know who sent the sheriff? If the sheriff did this on his own, there may not be anything that the mortgage company did wrong. The sheriff should compensate you for your losses. If you are in Alabama you may have to file a claim with the “Board of Adjustment” or there may be other options for you.
I’m sorry this happened to you.
Keep us posted on what is going on.
John Watts
Thanks. Just reading. Court Monday December 9. FHA states loan pooled. And there is more than one owner. Bank of America sued only in their name foreclosure and ejection.
What happened in court in your case?
The pooled loans can get a bit complicated but regardless of whether pooled or not many of the mortgage companies don’t follow the law in foreclosing and then suing for ejectment in Alabama.
Best wishes in your case!
John Watts
Need advice….considering letting my house go into foreclosure and throwing the monthly payment into my savings account so we have a cushion (or downpayment on another home) once we have to get out of the house….
Here’s the cliff notes version of our situation, I’d greatly appreciate your thoughts on the matter:
I am married with 4 children. I purchased this house in 2005, it’s an 80/20 loan- Suntrust 80 & Chase 20 (the 20 lender has changed a few times over the years.
We owe more than the home is currently worth. The home has several issues/repairs that need to be dealt with (to the tune of about $15k) before it would even be ready to sell and actually have any hope of breaking even. (And who knows how long it would take to be able to afford these repairs and then get them done).
We are spinning our wheels in a house we’ve outgrown, with no chance of making money on it if it sold.
The house went into pre-foreclosure about 5 years ago and we were able to modify the loan & put payments on the backend.
Our payment is late every single month because the money we have allotted for the house is deposited past the grace period. We’ve asked to have the due date changed but they won’t do it. So we also have late fees rung up out the wazoo on the loan.
And of course we owe too much to refinance.
So, here’s what we’re thinking….since the home is only in my name, why not just let it go? Save up through the foreclosure process, prolong it as long as possible, then when we’ve saved enough and need to get out, we can start over with a cushion to help us get back on our feet in a much better situation…..
I’m figuring, at worst, we have a minimum of 6 months we can stay in our home without making the payment before they can actually force us out, and maybe longer with the right of redemption being considered….?
This seems like our best option at this point. What am I missing?
Thanks so much for your time.
Lynn,
There are a lot of moving parts in this type of decision.
If you are outside of Alabama, you need to get with a lawyer there as each state is different.
If you live in Alabama, I’ll be glad to set up a consult with you by phone, in person, or by video. We can go over your specific situation and figure out your options.
You’ve identified some important points, including that there is a second mortgage.
That second mortgage will almost certainly NOT be paid off in a foreclosure and they will come after you.
Sometimes bankruptcy is an option but I think that should be used only in a last resort type of situation.
Sometimes these guys (well, often!) they will break the law and we can sue them. That tends to make them eager to work something out with you.
So you do have some options and I applaud you for thinking carefully through your situation.
I’ll be glad to help you think it through if you like.
My office number is 205-879-2447.
Best wishes!
John Watts
Birmingham, Alabama
I am in the process of answering an eviction suit. 30 days are up on the 30th of aug. Im pro se b/c no one in enterprise handles this. Im being sued by bony mellon. I have papers showing they bought the house at Foreclosure sale. I emailed them and they said they are a trustee and dont purchase property. The attorney name is the one that was hired by the servicer. How should I proceed?
Jamie,
Sounds like Bank of New York Mellon is suing you for ejectment after the foreclosure. In order for BONY to sue you, it must be the “owner” of the property now.
Things can get a bit confusing when we are talking about trusts and real estate loans.
Good news is you still have time if your 30 days runs end of August.
Feel free to give us a call at 205-879-2447 and we can go over your options (and we handle these cases state wide). Sometimes you should move out and sometimes you should stay and fight — each person’s situation is different.
Look forward to talking to you soon.
John Watts
We filed chapter 13 & then 7 but wanted to reaffirm on our house. Our attorney advised us to sign a “stay lift” for Sirote & Permutt to file the paperwork with GFMS, so we did. We received a loan modification packet & faxed it back to mtg company, 3 times. They claimed they didn’t receive it even though I my fax transmittal was successful. A week after this I received another loan packet with a letter stating they couldn’t read my fax. I returned this one within the alotted time via USPS, signature required. A week later I receive a letter saying they’re reviewing the modification and on the same day a letter stating our request had been denied because the packet wasn’t returned on a timely basis. Our foreclosure sale is 8/21/14, and I would like to know how long before we must move & if we could possibly have a case to sue for. I have all the letters & my conversations recorded & also the USPS verification. This is a USDA loan if that matters
Leah,
Who is the servicer of the loan?
Sounds like the new mortgage rules of January 10, 2014 could be very helpful to you. Time is short since the foreclosure sale is set for August 21. Call my office and let’s set up a call or meeting — may not have enough time before the foreclosure but we can see even after the foreclosure if everything was done correctly.
Sounds like you may be in a Chapter 13 but the automatic stay has been lifted.
If you have an attorney, you’ll need to get permission from that attorney to talk to us.
Thanks and best wishes.
John Watts
GMFS is the mortgage company. We first filed chapter 13 and then converted to 7 but our attorney said we could still reaffirm if the mortgage company allowed. Sirote’s atty advised that GMFS would not allow a loan modification without the stay being lifted. After reading the information on your website, I really believe they had no intentions of helping us. It seems they could just say no instead of leading people on. Thanks for your help. I will contact my attorney today.
Very informative website, thanks!
Leah
You are welcome and I hope things will turn out the best for you guys!
John Watts
My father passed away and unfortunately left my brother that lives out of state as executor. I have been living in the home since I was a baby May 1975 and was taking care of my father at the time of his death. There is no actual lease agreement since I was living in my parents home nor am I on the mortgage. The house was foreclosed on despite OCWEN stating that they would work with me on retaining the property. It did not sell last week at auction and now has been transferred to the REO Department. I also have friends living with me that have been helping pay utilities and other living expenses. What rights if any do we have?
Donald,
Sorry you are in this position.
New federal laws that went into effect in January 2014 give you some rights. Here’s best solution for you in my opinion:
**Write down exactly what has happened since your father died. What has Ocwen said and done and what have you said and done with Ocwen.
**Gather up all of the letters from Ocwen to your family and all the letters/materials you have sent Ocwen — sounds like Ocwen may have sent you some type of workout or loss mitigation package.
**Then get with a foreclosure defense lawyer in your state — if you live in Alabama I’ll be happy to meet with you. If you are outside of Alabama get with someone who is experienced and teaches other lawyers about the law in your state on foreclosure.
You need to act quickly as you will have some pretty quick deadlines coming up based on what you have mentioned.
Best wishes
John Watts
Watts & Herring, LLC
205-879-2447
I got a divorce in 2010. My ex-husband did not pay a debt he obligated himself in the divorce settlement. Bank got a judgment against in October, 2011. Ex-husband filed bankruptcy and property was foreclosed in early 2012. Being that the judgment was prior to the foreclosure….what does this mean for me?
Divorce in 2010
Judgement in Oct, 2011 for $1,284,000
Foreclosure in 2012, Bank bought back property for $480,000.
What are my options?
Thanks
Joy,
Sorry all of this has happened.
Did the bank get a judgment against you or only your ex?
When he filed bankruptcy did that wipe out his debt (chapter 7) or did he enter into a repayment plan (chapter 13 or “debtor’s court”)?
In Alabama it would be a bit unusual to get a judgment and then foreclose. Normally it is the opposite — the bank forecloses. Then if any money is owed it will sue for that “deficiency” and try to get a judgment for the balance allegedly owed.
So not sure what your options are without knowing more details.
If you are in Alabama give us a call at 205-879-2447 and we can schedule a consultation to walk you through your options.
Thanks
John
My house is forclosed i received a unlawful detainer went to court got a trial date set up.what are found out on the bill of particular is that the title is under fha/hud name not the bank.i have a fha back mortgage.can the bank evict even though the title is not under their name . basically they don’t own the house but they served the unlawful detainer. Can this be defense that they dont own the title to the house therefore they don’t have the right to evict me . please help.thankd
Masa,
I’m not sure if I understand the facts and I’m concerned you are not in Alabama. Foreclosure law — and what happens after a foreclosure — is very state specific.
In Alabama, for example, you should not be sued for an unlawful detainer after a foreclosure. An “unlawful detainer” is for evictions in a rental context.
After a foreclosure in Alabama the case to remove you from the house is called an ejectment lawsuit.
So if you have been foreclosed, and the ejectment lawsuit is in the name of the bank (say Bank of America or Wells Fargo, etc) but you know Fannie Mae owns the title now, is this proper? I hope I’m understanding your question.
If I got your question right, the bank normally should not be suing you as it doesn’t own the property. The right to sue for “ejectment” is the right the property owner has — not anyone else.
So I’m a bit confused on what is happening — if you live in Alabama give us a call and it may make sense for us to sit down together to try to come up with a good solution for you. Sometimes this is to stay and fight and other times you should leave your home — either doing nothing else or leaving and still fighting if you believe the foreclosure was illegal.
I hope this helps — and sorry you are in this situation — let us know if we can help you. 205-879-2447.
John Watts
I am in NC, would you be able to assist me with a wrongful foreclosure, possible mortgage fraud case against Wells Fargo? I can’t find anyone that will do it on contingency, even though they did everything illegal-from Dual Tracking to exhorbitant fees added… they did it all. It would be great if I could FINALLY get some money back from those evil Banksters at Hells Fargo!
Cynthia,
Sorry I can’t directly help you. You may want to reach out to Max Gardner — he’s in North Carolina. http://www.maxgardner.com/
He normally is in Bankruptcy Court but if he can’t help you I’m sure he’ll have a good referral for you to contact in NC.
Max knows his stuff — I actually took a seminar with him on some of the new RESPA laws. Good stuff.
I have no problem suing Wells Fargo but can’t do it there unfortunately. 🙂 Best wishes and let me know if Max can help you.
John Watts
Hello Mr. Watts,
Chase foreclosed on my home June 2, 2015. I had applied for homeowner’s assistance, but they rejected the application because it was incomplete. I have proof of delivery from FedEx (for the missing documents) but that didn’t matter to them. Now I have 10 days to leave or I lose my right to redemption. Unfortunately I have a broken rib which makes this even harder. No one at Chase will even discuss this anymore. Is there anything I can do?
Jennifer,
I’m sorry you are dealing with this. Yes you do have options.
Some of this will depend on the timing of you sending in documents, etc. but here are some general thoughts.
In the “old days” (before January 10, 2014, when the RESPA laws changed) we saw this over and over. Mortgage companies like Chase would say “We never received your stuff” and there often was not much we could do about it.
Now the RESPA laws do not allow this — it still happens but we can sue for it.
In addition we normally use notice of error letters (hey mortgage company — you did something wrong — now fix it) and request for information letters (why did you do this — explain yourself) to get answers from companies like Chase.
The notice of error letters put these guys in a bind. A difficult choice from their perspective:
1. Admit they messed up and fix it — in your case this may mean undoing the foreclosure. They HATE doing this — their arrogance does not allow this.
2. Deny they did anything wrong and risk being sued. They feel good about this because hardly anyone sues them given all the laws they violate.
So they normally choose option two even though they can be sued.
The way to help yourself and help others is to discourage them from option two — you sue them. Make it painful on them so they will start doing the right thing — at least when they are caught. I guess that’s a start!
We’ll be glad to chat with you and help you anyway we can.
Thanks
John Watts
Hello,
My husband and I filed Ch 7 bankruptcy after his appraisal business suffered great hardship after the housing crash. It was discharged last year. We did NOT reaffirm the mortgage in our bankruptcy. We did a modification with Regions in order to stay in the home, but they were fully aware that we had not reaffirmed the debt. We began having major problems in the home and found out that due to faulty construction, the issues we were having would need to be repaired and the repair cost COULD be between $50 to 100K. We discussed the issue with Regions, offered to continue paying the modification agreement if they would loan us the money fix the issue, and tack it onto the modification agreement. They refused. We decided to let them take the house so we stopped paying the modification payment and allowed them to foreclose. The immediately started dinging our credit. We have been in constant contact with the mortgage dept and foreclosure dept but it seems the right hand never knew what the left hand was doing. (We had offered them a deed in lieu but they chose to foreclose…said it was “to late”.) We have continued an open line of communication with the bank and the realtor that will be handling the key transfer. Made an agreement with her for “cash for keys” and signed it to be out by today. Last night, while working to get everything out of the house, we were served with eviction papers. Why are they doing this when we have tried very hard to cooperate with them? We had enough credit issues with a bankruptcy, why are they now hitting us with negative reports on our credit for a debt we don’t legally owe? Help!
Hello Mr. Watts, On October 12, 2016 we sustained a fire in our home which virtually destroyed it. We ran across numerous problems with the Insurance Company, Restoration Company and Contractors. We managed to keep our payments up until September 2017, when my husband was involved in a car accident. He was ejected from the front of his truck through the back suffered a concussion and several injuries. Because of his injuries it slowed the completion of our home and caused our payments and other bills to fall behind. We informed Wells Fargo of this situation and they said that they would work with us. After several months going back and forth with them saying that they did not receive some documents (that they did not ask for) I resent them to them several times and kept the confirmation sheets. They were even delaying sending our funds to restore our home in a timely manner. The tactics they used was ridiculous. I became so frustrated with them that I filed a complaint with the Attorney General’s office, and CFPG.
At that point, they began contacting me telling me that they were so sorry and that they would do what they could to help. Again, the same thing happened with lost documents or saying they didn’t receive the documents. They kept telling me that I had a certain amount of days to get the documents to them before foreclosure. I was constantly in touch with them at least twice weekly. Suddenly, I called to follow up with them again and after putting my information in I am told that our home status was now in foreclosure status! We had no notice that this was happening. They gave no indication. I continued to check to see if they received documents. They even went as far as sending me a checklist of all items being received!
Our home was foreclosed on June 4, 2018. We have now received a writ of Ejection/Seizure. As far as I’m concerned I feel that this is a tactic of retaliation against us because of the numerous complaints filed against them. Even the Attorney General’s office sent them a letter telling them if they don’t help us they would file a class action lawsuit against them. We have endured so much stress and strain dealing with Wells Fargo, N.A.
Someone needs to take a stand against these types of tactics used against customers. Please advise us on whether or not you would be able to help us.
Thanks
Sabrina,
If you live in Alabama we will be happy to chat with you — call us at 205-879-2447 and ask for Randi — she’ll get you started.
If you are outside of AL, you’ll need a foreclosure defense lawyer in your state.
Time is of the essence since the foreclosure has happened and they have sued you for ejectment.
Talk to you soon.
John Watts
205-879-2447