The Alabama Supreme Court does not often speak to foreclosure issues but it did recently in Jackson v. Wells Fargo which clearly establishes certain rights you have and obligations of the mortgage company before it can foreclose on you. This is a very helpful opinion to Alabama homeowners who are facing foreclosure. For a number of years we have argued that the banks are not giving proper foreclosure as required by the simple language of the note and mortgage.… (Read more)
If you live in Birmingham, Alabama, and you are facing a foreclosure, then certainly you have been making efforts to stop the foreclosure and to learn about your options. You may have had a friend tell you or you may have seen online about lawyers who are “foreclosure defense lawyers.”
So what exactly is a foreclosure defense attorney and what can he or she do for you in Birmingham?
Broadly speaking, a foreclosure defense attorney will advise you on your… (Read more)
About half of our practice is representing Alabama homeowners who are suing their mortgage company to stop a foreclosure or they’re suing their mortgage company after a foreclosure. Unfortunately, we see many Alabama homeowners who have tried to handle their foreclosure issues on their own and they come to us after everything has fallen apart and they want us to help.
There are a number of legal issues that can certainly be handled without an attorney. Often debt buyer or… (Read more)
A common scene in our office is to meet with Alabama homeowners who are literally depressed over a mortgage company doing everything in its power to steal their home through a wrongful foreclosure. Typically, when this happens the homeowner will contact a family lawyer or a bankruptcy lawyer and the statement that is made uniformly is that after the foreclosure there is nothing that can be done to save the home. This is NOT true in every foreclosure!
Even though… (Read more)
IS THE FORECLOSURE LAWYER MY FRIEND? IS HE OR SHE LOOKING OUT FOR ME AS A HOMEOWNER?
As we speak with and represent more and more Alabama consumers who are facing foreclosure we are running into a disturbing trend that we want to alert you to so you can not fall victim to this misunderstanding.
The lawyer who represents the mortgage company or the servicer is NOT your friend. He does not represent you. She does not have your best… (Read more)
INTRODUCTION
Foreclosures in Alabama are exploding. Approximately 800 per month just in the metro Birmingham, Alabama area. Drive through any neighborhood – expensive or not – and you will see foreclosure signs. Foreclosures are a huge problem for our state.
We assume since you are reading this that you (or a friend or family member) are facing foreclosure and you want more information. We congratulate you on doing research to find out more information.
We’ve discussed this before but it needs to… (Read more)
If the mortgage company did this within the last two years, consider suing them for fraud. These mortgage companies think they can defraud us and get away with it because they are big banks or because they have done this thousands of times to other consumers and have gotten away with it.
But you don’t have to take it. You don’t have to let them get away with it. You can fight back.
Fraud is a horrible problem in Alabama… (Read more)
Alabama consumers often wonder why mortgage companies will lie about postponing a foreclosure. When we sue mortgage companies for doing this – and we have over 20 lawsuits dealing with this exact subject right now – the mortgage companies and their lawyers claim that there’s no reason for them to lie about postponing an Alabama foreclosure.
I was recently presenting to a group of several hundred foreclosure defense lawyers at a national seminar and I was discussing the reason why… (Read more)
When Alabama consumers come to see us there are a number of items we need to be able to review in order to help fight against a wrongful foreclosure that is about to happen or that has already occurred. Gathering these documents will help us to be able to help you so bring all of these that you can:
All mortgage documents including your note;
All newspaper advertisements related to any foreclosure sale (whehter or not it has actually occurred);… (Read more)
After an Alabama consumer has gone through a foreclosure, a demand will be made to leave the home within ten days. If you don’t leave your home, then the mortgage company will sue you in what is known as an “ejectment action” to eject or evict you from your home.
Most Alabama consumers do nothing – and so the judge will rule against you and you will lose your home.
We have a book entitled “THE FIVE MISTAKES CONSUMERS MAKE… (Read more)
THE FIRST MISTAKE SO OFTEN MADE BY ALABAMA CONSUMERS WHEN SUED FOR EJECTMENT AFTER FORECLOSURE
This article will expand upon the first common mistake and it is taken from our book that describes the FIVE MOST COMMON MISTAKES ALABAMA CONSUMERS MAKE WHEN SUED FOR EJECTMENT.
You can get a free copy by calling us at 205-879-2447 or letting us know through our online form.
The first and most critical mistake is true of any type of lawsuit that is filed. We… (Read more)
IS THE FORECLOSURE LAWYER MY FRIEND? IS HE OR SHE LOOKING OUT FOR ME AS A HOMEOWNER?
As we speak with and represent more and more Alabama consumers who are facing foreclosure we are running into a disturbing trend that we want to alert you to so you can not fall victim to this misunderstanding.
The lawyer who represents the mortgage company or the servicer is NOT your friend. He does not represent you. She does not have your best… (Read more)
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… (Read more)