Sued For Ejectment After An Alabama Foreclosure? Find Out Your Rights….
Sued For Ejectment After An Alabama Foreclosure? Find Out Your Rights…
You are here as you want to know more about what your options are if you are sued for ejectment (eviction) after your home was foreclosed in Alabama.
The nearly hour and a half video above will answer a lot of questions for you. The article below does not duplicate the video but there is some overlap.
If you want to save your home, then I suggest you watch the video as it will be worth your time.
If you are ready to have a consultation with us, then call us at 205-879-2447.
We wish you the best!
John G. Watts
Would You Like To Know About Your Options To Save Your Home Even After An Alabama Foreclosure?
If So, Keep Reading….
Here’s who I am.
I’m John Watts and I have represented Alabama consumers in lawsuits since 1995.
I defend homeowners who are sued by their mortgage company for eviction (legal term is “ejectment”) after a foreclosure and I also counter sue the mortgage company for fraud and for any other illegal conduct it has committed against you.
Along with my law partner, Stan Herring, we have filed dozens of lawsuits against mortgage companies after they have sued our clients for ejectment (eviction).
Here’s why I’m writing this to you.
I want to share information (written materials — a book and articles — and videos) with you about your rights and options that may be available to you even after a foreclosure and even after you have been sued.
You may decide that you must or should leave your home.
Or you may decide that you can and should stay in your home and fight back against your mortgage company.
We have possible solutions to your problems. Let’s talk about several problems you are facing.
First Problem – You Have Been Sued After A Foreclosure To Kick You Out Of Your Home
You have been foreclosed and now the mortgage company (Wells Fargo, Citi Mortgage, Bank of America, etc.) or Fannie Mae or Freddie Mac has sued you to evict or eject you out of your home.
The lawsuit, normally filed by the law firm of Sirote & Permutt will also ask the court to rule you have lost your right of redemption and will ask the court to award money damages against you for staying in the home.
Second Problem – You Must Answer This Lawsuit Or You Will Lose The Case
If you don’t answer the lawsuit within 30 days then the judge can enter a default judgment against you.
This can prevent or seriously hurt your chances to bring the mortgage companies to justice for their wrongful acts.
Third Problem – If You Lose Your Case, You Will Have To Leave Your Home Or The Sheriff Will Force You To Leave Your Home
When homeowners, just like you, lose the case filed against them, this means they have to leave their home.
If you lose your case, you will have to leave your home. Either you will do this voluntarily or the sheriff will show up and make you leave.
Fourth Problem – Has Everyone Told You That It Is Too Late To Save Your Home Since The Foreclosure Already Happened?
If you are like most people, you have been told that once the foreclosure happens, it is too late to do anything.
We have clients that were told this by bankruptcy attorneys.
The sheriff who serves the lawsuit on them who mistakenly tells them “You have 30 days to get out” when they should have been told they have 30 days to answer the lawsuit.
Real estate agents who come to the door and offer “cash for keys” often will tell you it is too late.
Your friends and family will likely tell you it is too late.
That there is no hope.
It seems everyone has an opinion on this.
But as you know, just because the majority believes something, does not make it true….
Fifth Problem – Are You Dealing With Feelings Of Guilt, Helplessness, And Hopelessness Over What Has Happened
Let’s be real here.
We have all made mistakes.
Whether we are answering to ourselves, or to our spouse, or friends, when something bad happens we all have a tendency to feel guilt over it.
We think “If I had just done this or done that, then I wouldn’t be in this position.”
Sometimes our family (spouses, children, etc) or friends or co-workers don’t help.
Instead, they hurt us by suggesting this is our fault that the foreclosure happened.
They say “I thought you said you had handled this. I thought you said the mortgage company agreed to put off the foreclosure? What have you done to our family?”
So we feel guilt.
When we combine that feeling with what people tell us about it being too late to do anything (Fourth Problem), then it is natural to have a feeling of helplessness.
It feels like the world is closing in on us.
Where we will live?
What will we tell people?
Take guilt, add in a feeling of helplessness, and this normally produces a feeling of hopelessness.
“Why even try to do anything – it won’t do any good anyway” we tell ourselves.
But Despite All Of The Above….
You May Have Options To Stay In Your Home
You May Have Options To Fight The Lawsuit
Options To Sue Your Mortgage Company If It Lied To You
Or Violated The Note/Mortgage Or Broke The Law
Look, we understand the wonderful job the big banks and mortgage companies have done getting their propaganda out on the internet, on television, and in the newspapers.
They want you to think there is no hope.
They want you to not look into whether you have the right to sue for a wrongful or improper foreclosure.
- If the mortgage company did not follow the law in the foreclosure.
- Or did not follow the requirements of your Note and your Mortgage.
- If the mortgage company lied to you.
- Or if the mortgage company did anything illegal to you.
- Did the mortgage company violate the Fair Debt Collection Practices Act (FDCPA)?
- Or RESPA (Real Estate Settlement Procedures Act)?
You may have the right to sue the mortgage company.
To fight back against the lawsuit.
This is not what the mortgage companies want you to know.
But now you know this is a possibility…..
Here are some steps that lead us to a possible solution that we want you to keep in mind:
First Step – Alabama Is A Non Judicial Foreclosure State So No Judge Has Ever Looked At Your Foreclosure, Until Now….
The foreclosure happened because the mortgage company (on its own or with its foreclosure lawyers) decided it was proper to foreclose on your home.
Even though it was done at the courthouse steps, no judge or other court official approved of the foreclosure sale.
In essence, in Alabama, foreclosures are private affairs – like a repossession of a car.
So if you want a judge to look at the foreclosure, you have to sue before the foreclosure, file bankruptcy before a foreclosure, or fight now after the foreclosure.
Second Step – You Can Answer The Lawsuit And Have A Judge Or A Jury Decide The Result
If it is appropriate, you can Answer the lawsuit filed against you and put your claims in front of the court.
When we do this for our clients, we demand a jury trial and we put our defenses in the Answer to the lawsuit.
Now, you can have a judge look at the foreclosure and what happened before and after it.
Third Step – If You Can Sue The Mortgage Company, This May Allow You To Stay In Your Home
We also put our claims against the mortgage company for any improper foreclosure activities that occurred.
Our argument is that if the foreclosure was wrong, illegal, or improper, then there is no basis for suing our clients to kick them out of their homes.
We sometimes do this as a “counterclaim” to the ejectment lawsuit filed against you and other times we file a separate lawsuit (normally in federal court) against the guilty parties.
Fourth Step – If You Can Sue The Mortgage Company, This May Allow You To Recover Money Damages
If a company breaks the law, and it causes you damage, then you may be entitled to money damages as compensation.
Considering we are talking about a mortgage company potentially breaking the law and pushing you into a foreclosure, damages may be a real option.
Fifth Step – Sometimes The Foreclosure Will Be Set Aside As Void And You May Be Able To Stay In Your Home And Get Back To Making Normal Mortgage Payments
If you have the ability, and the willingness and determination, to fight back, then there are several possible outcomes.
One potential outcome is that the case gets resolved with the foreclosure being set aside by court order and you go back to paying your mortgage.
Of course you could lose your case, or you could win your case, but settling the case is always a possibility.
Here are some questions and concerns others have had that you may have also. These are answered in the video so we won’t repeat the answers here:
“I read online that all mortgages are invalid – is this true?”
“Who is Fannie Mae or Freddie Mac or some ‘Trust’ – that’s not who I paid my mortgage payments to every month.”
“What is a right of redemption?”
“Exactly what am I being sued for?”
“What is the FDCPA and does it help me in dealing with the mortgage company?”
“Do I have to hire a lawyer to help my family save our home?”
“It sounds like sometimes a foreclosure can be set aside. Have you ever done this and how does this work?”
“How do these cases settle so folks can keep their homes?”
“Are you promising me I’ll be able to keep my home?”
“I’m confused why the mortgage company foreclosed when I’m underwater – they are not going to make any money selling my house.”
“What should I do if I’m underwater – should I stay or should I leave?”
“What if I have equity in my home, should I stay?”
“I’ve heard of summary judgment – what will that mean in my case?”
“If I want to have a consultation with you, how much is this?”
“What do I get with the consultation?”
“If I have other questions can I bring those to the consultation?”
“Where are your offices and can you help me if I don’t live near
one of your offices?”
I’m Not Sure That I Should Believe Everything That I am Reading On The Internet, Including This Site.
We understand this concern.
A potential client once told us that her father had raised the same concern and her response was, “The only way I knew I had any possibility of staying in my home after a foreclosure is the information I read from these Alabama lawyers.”
We want for you to be smart and skeptical and carefully weigh your options.
This is why we put an incredible amount of free information on our site, including the hour and half long video at the top of the page.
Considering this information is free, we suggest that it is worth your while to consider looking at it.
I Want To Explore My Options But I’m Not Sure I Want To Spend Money Meeting With A Lawyer, especially If It Turns Out I Don’t Have A Case
If you don’t have a legitimate case, then you need to save every dollar to spend on getting a new place to live, paying utility deposits, moving expenses, etc.
On the other hand, we normally charge a $500 consultation fee to meet with people who are facing or have faced foreclosure, as we don’t want to meet with people who are just looking for free information from us in a face-to-face meeting.
So how to balance these two perspectives?
Here is our solution.
If you are not willing to spend $500 to find out your rights, above and beyond all the free information included in this article, this video, and all the other content on our website, then save your money.
We would not be a good fit anyway.
BUT, if you are the type of person who has devoured this content and you are willing to take massive action to try and save your home, it is worth $500 for you to get with us and have your specific questions answered and to get the “good the bad and the ugly” on each option you have.
Call us at 205-879-2447 and we’ll be glad to set up a phone call, a video conferencing chat, or an in person meeting — whichever is most convenient for you.
We Want You To Feel Empowered With Knowledge After Leaving Our Office
When you leave our office (or the phone call), if you are like most people we see, you will have a feeling of relief at having some options to consider.
Some people decide to stay in their home and fight.
Particularly when they hold the lawsuit (counterclaim normally) in their hands, it gives them a sense of vindication and gives them their power back.
No longer are they the ones being dictated to by the mortgage companies.
Instead, they are now taking the fight to the mortgage company, regardless of what others may say.
Some people decide to leave their home (or maybe it is too late when they meet us to stay) but they are committed to suing the mortgage companies who have violated the law.
Others either have no case or decide not to pursue anything but they have the satisfaction of knowing they explored their options and made the best decision for their families.
We don’t know how you will feel leaving, but our experience and expectation is you will have a positive feeling of having a plan and knowing what your step needs to be….
If you feel the mortgage company has mistreated you and you are willing to work to fight back, or you want to determine if you have a potential case, pick up the phone and call us at 205-879-2447 or fill out our online contact form to set up a meeting with me and my staff.
John G. Watts
PS – Remember if you have been served with an ejectment lawsuit, you have 30 days to answer the lawsuit in Circuit Court.
Keep an eye on your time so you don’t make the first critical mistake (discussed in the video) of doing nothing.
You want to take massive action.
Call us if we can help you — 205-879-2447.