Archive for 2015
Posted on: December 23rd, 2015
Summary of the case
Bank of America forecloses
They foreclosed on our client.
Bank of America sues for eviction or “ejectment”
This happens after the foreclosure to force you out of your home.
Consumer counter sues for wrongful foreclosure, including breach of contract
Along with some other claims all related to the wrongful foreclosure.
No money was owed to Bank of America after the foreclosure
Because they were fully paid in the foreclosure sale.
Lawsuit and counterclaims were resolved
The… (Read more)
Posted on: December 9th, 2015
“Does the probate judge handle a foreclosure in Alabama?”
[Updated 4-20-2020] No, however it is a good question, because in other states, the probate judge does make a decision on whether or not a foreclosure should take place.
We don’t do that here in Alabama.
It’s also a good question because if you think about where your mortgage is recorded, where you get your deed recorded, it’s all there in the probate court.
Naturally, this is a question that would… (Read more)
Posted on: December 8th, 2015
Your 5 options when sued by an original creditor
Being sued by an original creditor — such as American Express (AMEX), Bank of America (BOA), Capital One, Discover Bank (Discover Card), etc. — can be incredibly scary.
Whether you owe the debt or not, what do you do?
Do you file bankruptcy, fight the lawsuit or settle? How do you do this and how do you pick what to do?
The video above (and the written portion below) will walk… (Read more)
Posted on: December 3rd, 2015
Out of the blue, you get a letter from “Ferry & Nicholas, Inc.” telling you that you are being sued. It is natural that you will have questions about the letter so I wanted to go through a typical Ferry letter. I strongly recommend against using this firm to handle a lawsuit against you and I’ll discuss that as we go through the letter.
I don’t know the Ferry & Nicholas folks personally so I make no judgment about their… (Read more)
Posted on: December 3rd, 2015
“If I owe the debt, I can’t sue an abusive debt collector, right?”
The idea behind this question is the thought that “since I owe the debt, the debt collector can do whatever they want, right?” That just simply isn’t the answer.
Here’s why.
Owing a debt and abusive debt collection are different
There’s a difference between owing a debt, and abusive debt collection. Now, the debt collectors who are willing to break the law want to put these two… (Read more)