Why Is the Lawfirm Of Sirote & Permutt Suing Me After A Foreclosure?
“Why am I being sued by the Law Firm of Sirote & Permutt after my mortgage company foreclosed on me?”
This can either be called an ejectment suit or an eviction suit.
The idea is that the mortgage company, or more commonly Fannie Mae or Freddie Mac, is suing you.
It could be to have you kicked out of your house.
Or to have the judge say you’ve lost your right to redeem the property within one year of the foreclosure,
They could also say that you owe money damages.
We have copied below here the typical language in one of these lawsuits with some commentary from us:
- Plaintiff, Wells Fargo Bank, N.A [OR SOME OTHER BANK OR FREDDIE MAC OR FANNIE MAE]., is qualified to do business in Alabama and doing business in _______ County, Alabama. This is telling you who is suing you and who claims to own your property right now. This may be different than the company that foreclosed.
- Defendant, [YOUR NAME], is over the age of 19 years and is a resident citizen of _________County, Alabama. This is identifying you and any others who are living in the house that the Plaintiff (the one suing you) claims to own.
- Plaintiff avers that by virtue of foreclosure on [DATE OF FORECLOSURE], of that certain Mortgage originally between [YOU] and Wells Fargo Bank, N.A., Wells Fargo Bank, N.A. is the owner of the following-described real property located and situated in ________ County, Alabama, to wit: [PROPERTY ADDRESS LISTED] This gives you the date of the foreclosure, who the original mortgage company was, and the address of your home.
- Plaintiff avers that on or about [DATE OF FORECLOSURE], Plaintiff served or caused to be served upon the Defendant written Demand for Possession of the subject real property pursuant to Section 6-5-251 Code of Alabama (1975). A copy of the aforesaid written Demand for Possession is attached hereto, incorporated by reference and designated as Exhibit “A”. This gives you the date your home was sold and that you were notified in writing to vacate your home within 10 days. Normally this 10 day vacate letter is done before any ejectment lawsuit is filed.
- Plaintiff avers that Defendant has lost his right to redeem the property. This is asking the court to say you have no right to “redeem” or buy back your property because you only have that right if you leave your home within 10 days of the foreclosure.
- Plaintiff avers that Defendant has failed and refused to vacate the aforesaid property despite Plaintiff’s demands to do so. This is arguing to the court you refused to leave after the foreclosure.
WHEREFORE, PREMISES CONSIDERED Plaintiff demands possession of the aforesaid real property, together with money damages for the wrongful retention of said real property and an order that the Defendant has forfeited his right to redemption for failing to vacate the property plus such other, further and different relief Plaintiff is entitled under these premises and costs of court. This is important as it is what the mortgage company is asking for — possession of your home, damages for staying in “their home” after you no longer owned it, and that you can’t redeem your property. If the court says you have lost your right to redeem, it makes it easier for the company to sell your property.
/s/ Greggory M. Deitsch
Greggory M. Deitsch
Sirote & Permutt
Attorney for Plaintiff
2311 Highland Avenue South
P.O. Box 55727
Birmingham, Alabama 35255
What you must do if you receive one of these Sirote & Permutt “ejectment” lawsuits after a foreclosure
It is critical to answer this lawsuit within 30 days of being served.
This way you can preserve your right to defend against this lawsuit.
Also, if you have the right to sue the company suing you and/or the mortgage company which actually foreclosed on you, you want to be able to preserve that right as well.
We suggest you strongly consider making a jury demand.
It will cost you about $100 but this way if you need to answer before you can hire a lawyer.
However, you preserve your right to a jury trial.
We have recently seen companies ask the court to “strike” a homeowner’s jury demand.
Their argument is, when the homeowner first responded to the lawsuit, the homeowner did not ask for a jury demand.
Usually this argument is made when a homeowner sues without a lawyer.
It is a lengthy video/article.
If you are looking for an “easy” button, this is not it.
However, if you want to discover a lot of information at no cost, check it out.
In conclusion, if you are facing an ejectment lawsuit in Alabama and have any questions, give us a call.
You can reach us at 205‑879‑2447.
Or, if you’d rather, you can fill out the online contact form here.
We look forward to chatting with you and helping you with your situation.
Thanks for reading, and have a great day!