Does the probate judge handle a foreclosure in Alabama?
“Does the probate judge handle a foreclosure in Alabama?”
[Updated 4-20-2020] No, however it is a good question, because in other states, the probate judge does make a decision on whether or not a foreclosure should take place.
We don’t do that here in Alabama.
It’s also a good question because if you think about where your mortgage is recorded, where you get your deed recorded, it’s all there in the probate court.
Naturally, this is a question that would come to mind.
“How does a foreclosure happen in Alabama?”
You may be wondering, “if the probate judge isn’t involved in a foreclosure, how does it work?”
Well, 99% of the time in Alabama it is a “non-judicial” foreclosure.
This is where the mortgage company decides that you’re behind, and that it’s appropriate and legal to foreclose.
They advertise it in the paper, in addition to a bunch of steps they have to take.
Then, at the actual foreclosure sale that’s at the front steps or the front step of the courthouse, the actual foreclosure takes place.
“What happens at the actual foreclosure sale?”
An auctioneer is there, and it could be a lawyer, but that isn’t always the case.
Then they read a paper, which is the actual auction where they’re saying such and such property is being auctioned off, and the highest bidder wins.
Normally, there’s nobody there except the auctioneer, so that auctioneer is the highest bidder on behalf of Bank of America, Freddie Mac, Fannie Mae, Wells Fargo, whoever it may be.
Then the deed — called the “foreclosure deed” — is delivered to the winning bidder. Almost always the mortgage company.
That’s how the actual foreclosure sale goes.
“What role does the probate judge have in foreclosures in Alabama?”
The probate judges doesn’t really have a role.
To clarify, once there is a foreclosure sale, then there’s a deed that is prepared. The deed will have the “swap over” from the old owners to the new owners, whether that’s Wells Fargo, Freddie Mac, etc.
That deed, just like any other deed, is filed in probate court.
So, we could say that the probate judge and/or the probate clerk of the court have some sort of role in foreclosures in the sense of they maintain the court records.
But they don’t make any decisions on whether or not the foreclosure is proper or improper.
“How do you stop a foreclosure?”
Well, there’s a couple ways to handle this.
You can do it by bankruptcy, you can reinstate the loan, you can do any number of loss mitigation options, including a loan modification.
If your mortgage company has done something wrong, you can sue your mortgage company before the foreclosure. Usually you can do that in Federal Court, however some people do it in state court.
Now, if it’s after a foreclosure, that’s a different subject. We have lots of videos and articles on that subject where we cover different aspects and questions.
If you’re talking about stopping a foreclosure,you have a number of options.
“What to do right now?”
What should you do if either a foreclosure sale has been set, or you’re concerned that it’s about to be set?
You must take action, or you will lose your home.
Well, what action should you take?
We have a video with a workbook that will walk you through the law on foreclosure.
If you go to ForeclosureDVD.com, it’ll take you to a page with a short video where I, John Watts, introduce what we’re talking about and what the process is.
We go through how to figure out what your options are and how to figure out the best option for you is.
Afterwards, we will be happy to talk with you.
It’s going to take a long time and a lot of work to save your home if you’re facing foreclosure so make sure you are willing to work hard.
However, there is no charge for these videos or the worksheet.
What we did with these videos is try to replicate what a lengthy consultation would be like.
I would highly recommend you go watch these videos while filling out the worksheet, and then call us (205-879-2447) to set up a consultation.
Sometimes we tell people, “hey, you’re on the right track, and you don’t need us. Keep doing what you’re doing.”
Other times we say, “hey, if you want to hire us, this is what the cost would be.”
That way you know before you spend any money.
Again, I encourage you to go to ForeclosureDVD.com.
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