Foreclosures

You have options to sue the mortgage company both before and after an illegal foreclosure.

Sued for ejectment after a foreclosure? Avoid these mistakes.

Sued for Ejectment Following a Foreclosure? What Should You Do Right Now? Hello and welcome to our video. My name is John Watts. I’m a consumer protection attorney in Alabama, and we represent homeowners who have had a foreclosure and then have been sued for what in Alabama is called “ejectment,” or an eviction. I appreciate you joining with us in this journey, and we trust that the time that we’re going to spend together will be very useful. If… (Read more)


5 critical things to do when you are behind on your mortgage to avoid a foreclosure

Essential Steps To Help You Prevent A Foreclosure If You Are Behind On Your Home Mortgage Payments You realize you are behind on your mortgage payment to Bank of America, Chase, Ocwen, etc. — what do you do now? Let’s look at your situation and figure out some solutions. First, you are feeling an intense amount of pressure and stress because if you can’t get this situation fixed, you know you can lose your house.  If you simply don’t have… (Read more)


21st Mortgage address to receive notice of error and request for information under RESPA

We are filing lawsuits in federal court against mortgage companies (servicers) who violate RESPA in part by not properly responding to notice of error letters and request for information letters. These letters are the more modern version of the old qualified written request under RESPA and these new letters (and new rules to help you) came about as of January 10, 2014. But you have to make sure and send to the correct address.  If they go to the wrong… (Read more)


When facing a foreclosure, what is a short sale?

A short sale is when you’re facing a foreclosure and you’re wanting to avoid that foreclosure.  A short sale is where you agree with the bank to sell your house for less than what you owe. Here’s an example. Suppose you owe $200,000, and you get an offer for $180,000. That’s $20,000 short. You either have to come to the closing table with 20 grand or get your mortgage company to agree to allow this short sale to occur. The… (Read more)


What is a notice of error under RESPA?

One of the powerful tools you have under RESPA is the “Notice of Error” which is a letter you send to your mortgage company where you tell them they made an error and you give them a chance to fix it. “What are the possibilities after I send a notice of error?” Two options: They fix it which is great.  Problem solved. Or, they don’t fix it.  This leaves you some options: Do nothing Dispute again with a new notice… (Read more)


What Does Loss Mitigation Mean In A Foreclosure Context?

What is loss mitigation? Loss mitigation means to avoid a foreclosure. Within loss mitigation we have: Loan modification Short sale Deed in lieu of foreclosure Forbearance Principal reduction etc. What to do if you are struggling with making your payments If you are falling behind on your mortgage, it makes a lot of sense to ask your mortgage company to give you loss mitigation. Normally you will fill out a package — a loss mitigation package — and then the… (Read more)