Foreclosure review for the week of October 16, 2017
We will try and do a somewhat regular review of what has been happening in new foreclosure cases we are handling.
Panatte, LLC
So last week we filed a lawsuit on October 10, 2017, and stopped a foreclosure set for October 12, 2017. This was on a second mortgage that a debt buyer named “Panatte, LLC” claims to have bought. We sued Panatte under the mortgage (paragraph 17 — normally it is 22) and also the FDCPA and RESPA.
LPP, Inc. and MGC Mortgage, Inc.
This week we sued LPP, Inc. and MGC Mortgage, Inc. on October 18, 2017, and we stopped a foreclosure set for October 19, 2017. This case involves paragraph 22 as well as the FDCPA and RESPA.
Nationstar Mortgage, LLC (Mr. Cooper) and Deutsche Bank
We also filed suit against Nationstar Mortgage, LLC which is now known as (I kid you not!) “Mr. Cooper”. The trustee in the case is Deutsche Bank the German bank which so often claims to act as a trustee. There is a foreclosure set on October 25, 2017, and we will see if the mortgage company “Mr. Cooper” f/k/a Nationstar Mortgage will stop the foreclosure. (Update — the foreclosure was stopped and cancelled so we applaud Nationstar for choosing wisely).
New Penn Financial, LLC
This week we filed an answer and counterclaim in an ejectment case involving New Penn Financial, LLC which does business as Shellpoint Mortgage Servicing. An ejectment case is after a foreclosure when the new “alleged” owner (normally the mortgage company) files suit to eject — to evict — the consumer out of their home. We needed to answer the lawsuit and we also brought our counterclaims against the mortgage company for RESPA and FDCPA violations as well as violations of Alabama law.
What to do if you are facing or have faced a foreclosure in Alabama
If you are facing a foreclosure, the key to remember is you almost certainly have the right to sue your mortgage company to have a judge look over whether a foreclosure should occur. So instead of the typical “no judge has ever looked at the foreclosure” that you get in a non-judicial foreclosure state like Alabama — you can have the opposite. Have the court review your defenses and whether a foreclosure is proper.
You must file suit in the right court, with the right claims, the right arguments, the right parties sued, and file it at the right time. When you do that, you greatly increase your chances of success in stopping a foreclosure from ever happening.
It is mission critical to stop the foreclosure.
But.
If the foreclosure has already happened, it may not be too late.
You can fight back — usually, you will be sued for ejectment. It is challenging, but possible to undo the foreclosure and get your life back on track.
Call us at 205-879-2447 or fill out the form below and let us know what you are facing.
Best wishes and we look forward to hearing from you!