I’ve been sued for ejectment after a wrongful foreclosure and I did not answer. I just got default judgment. Will this hurt me suing my mortgage company?
“I’ve been sued for ejectment after a wrongful foreclosure and I did not answer. I just got a default judgment. Will this hurt me suing my mortgage company?”
After a foreclosure in Alabama, if you don’t leave your home, then you will be sued for “ejectment” and so many folks do nothing and so they get a default judgment. (We have a full transcript and video on the 5 most common mistakes when sued for ejectment here).
The person who submitted this question then wonders if this will hurt him in suing his mortgage company for wrongful foreclosure or other violations of the law?
Here’s the basic thought process. It is never good or helpful to have a default judgment. But sometimes you can still sue your mortgage company.
It depends who sued you for ejectment.
Was it your mortgage company? Was that Fannie Mae, Freddie Mac, some trust out of New York, who was it?
If it is Fannie Mae or Freddie Mac, you may still have the right to sue your mortgage company. This relates to the law that requires you to countersue the company suing you if you have claims against them.
If Bank of America or Wells Fargo violated the law, but the one suing you for ejectment is Freddie Mac, then you may be ok to sue Bank of America.
But if Wells Fargo sued you for ejectment, and you did nothing, then you have probably lost your right to sue Wells Fargo.
“But I want my day in court!”
You see, when you get default judgment against you, you lose so you’re kicked out of your house. People will say, “That’s not fair. I want my day in court.” That was your day in court, you have to answer the ejectment lawsuit.
People are shocked when we tell them that even if the mortgage company did something wrong, they may have lost their right to do anything about it.
So what’s the solution if you have not yet been sued or there is still time to answer?
Take the ejectment lawsuit very seriously if you want to stay in your home or sue your mortgage company!
Whether you think it is fair or not to be sued. Whether you think you should have been foreclosed or not.
Or whether you think there has been massive fraud in this country with mortgages.
Whatever your thoughts or concerns are — you must respond to the ejectment lawsuit.
These are very hard to handle on your own but better to handle on your own than to do nothing.
Best choice is normally to hire a lawyer to help you — not someone who dabbles in this area of the law but someone who knows enough, and is confident enough, to tell you the truth about your options and someone the mortgage companies recognize as being skilled in foreclosures/ejectments.
Best wishes and if you have already been sued and lost the case, then get with someone ASAP to figure out what you can do. There are often solutions if after losing, but better to find this out sooner rather than later.
Thank you very much for reading this article.
If I can help you in any way, just give us a call: (205) 879-2447 or fill out our online contact form here.