Alabama Foreclosure: What Is A “Non Judicial” Foreclosure?

Alabama Foreclosure:  What Is A “Non Judicial” Foreclosure?

non judicial foreclosure

What Is A Non Judicial Foreclosure?

Alabama is a non judicial foreclosure state which means the mortgage company can foreclose under the “mortgage” document without going to court to get approval for the foreclosure.

Let’s look at this to understand what you may be dealing with.

Here are the normal steps the mortgage company follows:

First, a letter telling you that you are in default and what you must do to fix the default.

Then an acceleration letter declares that the entire loan balance is owed.

Third, the upcoming foreclosure is advertised in the paper for 3 weeks.

Fourth, the actual foreclosure happens at the courthouse steps (a guy reads the foreclosure and usually sells the property back to the mortgage company).

Fifth, you will receive a “ten day letter” telling you to get out of the house.

Sixth, if you don’t leave the house you will be sued for “ejectment” to get you out of the house and get money damages against you.

The biggest problem with these non judicial foreclosures is that a judge has not looked at the foreclosure before it happens

The only way a judge ever sees the situation is if there is a lawsuit.

Either the ejectment lawsuit after the foreclosure.

Or a lawsuit you file before the foreclosure.

Otherwise, all of this happens with no court involvement.

So you must pay careful attention to what’s going on with your house.  What letters are you receiving in the mail?  What phone calls?

Don’t assume that you will get your house for free or that there will be no consequences to being behind on your mortgage.

It is mission critical to take immediate action.

Contact Us if you are behind on your mortgage so we can help you avoid a non judicial foreclosure.

If you have questions about an upcoming foreclosure, or one that has already happened in Alabama,  we will be happy to go over your options with you.

Even better, contact us before you get to that stage and we can go over the various options you have.

You can give us a call at 1-205-879-2447.

Or you can fill out this form and we will get back with you by email or phone.

Feel free to also share this article with others or leave us a comment.

Your feedback is appreciated!

We appreciate you taking your time to read this, and we look forward to chatting with you.

Have a great day!

-John G. Watts

PS — sometimes consumers ask if we only represent people in the Birmingham and Madison/Huntsville areas where we have our offices.  The answer is “No” — we represent folks all over the state of Alabama.  So no matter where you are (in Alabama), give us a call at 205-879-2447.

Leave a Comment