Alabama Foreclosure: Consent Judgment To Void A Foreclosure

Alabama Foreclosure:  Consent Judgment To Void A Foreclosure

If you have been foreclosed on in Alabama, then it will normally be necessary to get a court order (from a State or Federal judge) that the foreclosure deed is void,  and the mortgage and note are put back into place.

Void means the foreclosure never happened.  It is of no legal effect.

This is different, in my judgment, than rescinding a foreclosure.

You want to know that the foreclosure never happened.

Getting a court order that says it is “void” will accomplish this better than anything else that I know of…

You want the foreclosure to be void so you can honestly say you have not been foreclosed on.

You will often be asked when applying for credit if you have ever been foreclosed on — you want to be able to say “No.”

There was one but the judge said that is meaningless — it is void — it never happened.

Same as if you were sued and the court mistakenly entered a default judgment against you.  You find out and get it “vacated” or done away with….

Then you are asked if you have ever had a judgment against you — No because the one that was has been done away with.  Same as if it never happened.

Voiding a foreclosure is almost always done by consent judgment.

That is the mortgage company (Bank of America, Chase, Wells Fargo, Fannie Mae, Freddie Mac, etc) agrees to this judgment.  And you, the homeowner, agree to the judgment.

Since everyone agrees to it, it is known as a consent judgment.

In this the judge says the foreclosure is void and everything is put back into place (mortgage, note, etc).

This is merely one of the steps that is necessary to completely undo a wrongful foreclosure and resolve the case so you can get back to making agreed upon payments to your mortgage company.

We talk about the other two steps of a loan modification and a settlement release in separate articles.

Contact Us.

If you have any questions, give us a call at 1-205-879-2447.

Or fill out a contact form and we will get in touch with you as soon as possible.

I look forward to chatting with you.

Have a great day!

-John G. Watts
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