What Does An Alabama Foreclosure Defense Lawyer Do Before A Foreclosure?
What Does An Alabama Foreclosure Defense Lawyer Do Before A Foreclosure?
If you live in Alabama, and you are facing a foreclosure, then certainly you have been making efforts to stop the foreclosure.
You’re also trying to learn about your options.
Maybe you 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 Alabama?
In general, a foreclosure defense attorney will advise you on your various options to stop a foreclosure.
Specifically, a foreclosure defense lawyer can advise you on what your options are to stop or delay a foreclosure when the mortgage company has done nothing illegal to you.
Also, a foreclosure defense attorney can advise you on how you may can stop an upcoming wrongful foreclosure in Alabama.
Let’s look at each of these in turn.
If the mortgage company has not committed any illegal acts against you, which would be somewhat surprising given their nature which almost compels them to break the law, then you may very well have the option of filing for bankruptcy in the Federal Bankruptcy Court.
There are two basic types of bankruptcy.
Chapter 7 and Chapter 13.
Under normal circumstances, each type of bankruptcy will create what is known as “an automatic stay.”
That will prevent any creditor from taking any action against you until the bankruptcy court gives that creditor permission.
This includes foreclosure.
When you sit down with a competent foreclosure defense lawyer before your foreclosure, in our opinion the topic of bankruptcy should be addressed.
Often it is a poor choice but it is an option for you to consider.
You may also want to discuss with the attorney whether or not a loan modification or other loss mitigation is possible.
Some lawyers will take a direct hand in trying to modify your loan and other lawyers will advise you on what to do so you can discuss this with the mortgage company.
There may also be letters that can be sent out before a foreclosure to potentially stop the foreclosure.
Certain types of letter to the foreclosure attorney may stop the foreclosure.
In addition, certain types of letters to the mortgage company (the servicer) may also stop the foreclosure — normally we use RESPA (Real Estate Settlement Procedures Act). These include Request for Information and Notice of Error letters.
The reason these letters may stop the foreclosure (at least temporarily) is that you have the right to certain information from the foreclosing law firm.
A s well as the mortgage company that is ordering the foreclosure.
There can be very serious consequences if these companies do not give you this information before they foreclose.
You can watch a detailed video and get free sample letters about using RESPA to stop a foreclosure.
What about if the foreclosure that is scheduled is illegal or wrongful?
You would still expect to hear about the same options discussed above.
However, in addition we would expect any competent foreclosure defense lawyer to advise you of your options of suing the mortgage company or companies that are threatening a wrongful and/or illegal foreclosure.
We often see mortgage companies which have improperly processed your payments.
They may have taken payments but then not properly applied them, they may have held your payments in a “suspense account” illegally.
Maybe they have even charged you bogus fees and expenses.
The mortgage company may have lied about a modification or the modification process.
The mortgage company may be a “debt collector” under the Fair Debt Collection Practices Act (FDCPA).
Also, they may have violated the numerous protective laws and rules under the FDCPA.
We often sue under RESPA for not properly considering you for loss mitigation (loan modification, etc) or not properly responding to your RESPA letters.
Whatever the case may be, if you have the ability to sue the mortgage company then we imagine that you would expect to be told about those options and what the advantages and disadvantages as well as the cost will be to pursue a lawsuit against the mortgage company or companies.
I do want to make this point. Given the foreclosure crisis, more and more lawyers are describing themselves as foreclosure defense attorneys.
There is a difference in claiming to be something and actually being it.
There is even one attorney who will tell you in no uncertain terms that he “is Alabama’s foremost authority on Wrongful Foreclosure.”
That’s a bold statement.
I would suggest figuring out how to determine if that is accurate.
We have also noticed that there are many lawyers who describe themselves as foreclosure defense lawyers and they have apparently mistakenly used this expression.
What they meant to say in all of their advertising and marketing materials is that they know how to file bankruptcy.
They do not mean to suggest, I would suspect, that they can do anything else.
Most of the bankruptcy lawyers that I have seen that have used this description.
Some of these lawyers would not be able to find a court where foreclosure cases are litigated.
They are undoubtedly experts in bankruptcy but I’m not sure that the expression foreclosure defense attorney is appropriate.
That might be a good question to ask them if you decide to meet with them.
Bankruptcy can be a wonderful option but other times it is a lousy option.
Sometimes it accomplishes nothing.
Sometimes it is drastic overkill.
Contact an attorney.
If you need, or think you need, an Alabama foreclosure defense lawyer, then you are facing difficult times.
We suggest that you carefully research your options as deciding on whether or not to hire a foreclosure defense attorney is an important step.
You may want to watch our very popular free series of videos (and workbook) at www.ForeclosureDVD.com.
We wish you the best!
If we can be of assistance to you give us a call at 205-879-2447 or contact us through our website.
I look forward to chatting with you!
Have a great day.
my a house was sold from under me while in the process of of waiting on my response about if i could recieve loan modification all information was sent to me after the house had been sold i have answered my letter from court a have asked more time until i can find an defense attorney
Timothy,
It is important to not let your time expire after the lawsuit has been filed against you — normally the lawsuit is called an “ejectment” lawsuit. To eject or evict you from your home after a foreclosure.
It is also important to document as best as you can exactly what happened.
Who did you talk to and when?
What were you told about the modification?
About the foreclosure?
Were you sent letters about the default and acceleration?
I would get with an attorney as soon as you can and make sure you feel comfortable with that person helping you in the defense of your house.
I hope you find the right person and you are able to get this worked out so you can stay in your home if that is the best thing for you.
Best wishes
John Watts
Hello Mr. John we talk about a little over a month ago and you gave me some good information.
I recall you said in may case you preferred to initiate the law suit and you do not like to go behind a pro Se work, which is much understandable.
I would like to know if you handle illegal breaking entrancing into a Home, when Appeals are still pending in a Foreclosure suite and their has been no filing of a current eject or a complaint file to that effect and my wife and I was not served with any notice prior to illegal braking into our home and throwing everything out of the home some items was damages and some items was stalling by eye witness, been place in a contractor truck and taking away after the sheriff left the seen and the remaining house furniture was damages due to the morning due, that could not be reuse.
My wife and I have been seeing a mental stress doctor from the date this case start so my wife and I both can prove damages for mental distress by the letter from my physician.
I preferred to file a brand new case in Federal Court with the new circumstance in this case for damages and illegal breaking and entering a home and evasion of privacy and other violations.
Due you handles such a case and if so how much do you charge. If you do not handle this case can you referred me to an attorney who can file a new suite with respect to the new issues at hand.
Thank you.
Eugene
Eugene,
Thank you for your comment and question.
It really depends on the timing of what has happened.
For example, did you sue to stop a foreclosure? And then lost the case and appealed it and while that is happening the mortgage company threw away your possessions? That’s one thing.
Compared to you were foreclosed, sued and lost and now the mortgage company does this.
Why don’t you do this — call us at 205-879-2447 and ask for Randi our paralegal in charge of foreclosure types of cases. Make sure you explain in a quick summary where you are right now in your previous case and then exactly what happened.
You are also welcome to describe it in a contact form. That will go to Randi and to me.
If there is any way we can help you we will be happy to do so.
Sorry, you are having to deal with this!
John Watts
205-879-2447