Should I ignore lawyer advertisements that are telling me I’m facing foreclosure?

Should I ignore lawyer advertisements that are telling me I’m facing foreclosure?

Should I ignore lawyer advertisements that are telling me I'm facing foreclosure?If you’re getting advertisements from bankruptcy lawyers, or any lawyer for that matter, you should take them seriously.

Most of the time, if you’re getting these letters, that means that there’s a public record out there that says you’re being foreclosed on.

That most likely has the date of your foreclosure as well.

Because of this public record, these lawyers are mailing you letters about their services.

Whether or not you choose to use their services is something we’ll talk about in a moment.

The fact stands that there’s a public record that says you’re going to be foreclosed on.  This is normally newspaper advertisements for at least three weeks in your county giving public notice of the foreclosure sale date.

These advertisement letters should be a good indicator that something is wrong and you need to take a look at your mortgage situation.

We’ve seen cases where consumers had no idea they were facing foreclosure until they got one of these letters.

Sometimes this happens because one spouse takes care of all of the bills and finances, and they don’t tell their spouse about the foreclosure.

Other times, they aren’t receiving their mail so they don’t know that the mortgage company has been sending payments back, or that they’re late on their payments.

If you’re getting these letters, the worst that can happen is that it turns out to be an error.

Which could also be the best thing that can happen if it turns out that your house isn’t going into foreclosure.

Sure, some of your time may be wasted by checking the facts, but it would be worth it.

However, whether you know about the foreclosure or not, it’s a good idea to find out the truth.

You may be wondering,”What should I do if it turns out that I am being foreclosed on?”

Well, you will be getting a lot of letters from bankruptcy lawyers who say that they can stop your foreclosure by filing for bankruptcy.

That’s true, in a sense, however, for 99% of people, it’s a terrible idea.

We even explain this to lawyers.

You can research these lawyers and read their letters, but understand that there are much better ways to go about your foreclosure case.

“What about the out of state mortgage audit/loan modification company that says they can help me?”

You can call them, however, my first question for them would be. “How will you stop the foreclosure?”

They’ll say, “We’ll prepare an audit and show mortgage company all of the things did wrong in the original loan document.”

That’s meaningless.

Or they’ll say, “We’re going to call the mortgage company and use our inside connections to stop the foreclosure.”

My question is still, “How are you going to do this?”

They’ll say that they don’t want you to open any of the letters from the mortgage company, or return their calls. The mortgage audit people will take care of everything.

The choice is up to you whether or not you hire them, but I will say that I would be very skeptical of that.

If you have a foreclosure date set,  some company from Florida or California can’t stop the foreclosure.

They usually don’t have lawyers licensed in Alabama that could help, and if they say they do, you should ask to speak to the lawyer directly. They usually will shy away from that.

We’ve had too many consumers come to us after they’ve spent thousands of dollars on these out of state companies that promised to stop their foreclosure.

However, the foreclosure happens, they call this out of state company to see what happened, and they either can’t get an answer or the company says, “We don’t have a lawyer in Alabama. You’re on your own. Good luck.”

Here’s the ultimate solution.

Usually, your mortgage allows you to sue before the foreclosure to have a judge look at the situation.

It’s somewhere in paragraph 22, or sometimes 19, of your mortgage.

It allows you to stop the foreclosure by having a judge look at the situation.

If you don’t do that, then a non-judicial foreclosure will take place.

No judges.

Just a man standing on the steps of the courthouse that reads your foreclosure and now suddenly you’ve lost ownership of your house.

Let’s review.

Make sure that you take these letters seriously. Also, make sure that you do your research on the people send you letters.

Bankruptcy isn’t usually the best option, but maybe you’re in the small percentage of people that it would be best for you. That’s great if you are.

If some company from out of state is contacting you and they’re talking about mortgage audits and loan modifications, I’d be very skeptical of them.

Especially if they’re not a law firm.

However, if you’re getting letters from someone who says that they can stop the foreclosure, definitely look into it.

If you’re in Alabama, which this article is only about Alabama foreclosure, feel free to reach out to us.

We would be glad to sit down and explore your options with you to figure out your best plan of action.

If you’d like, we have plenty of articles where we do case studies and answer other foreclosure-related questions.

You can reach us by 1-205-879-2447, or you can fill out a contact form and we will get in touch with you quickly.

Every situation is different, and it’s important to discover the best course of action as soon as possible.

Hope this is helpful to you!

We look forward to chatting with you.

Have a great day!

-John G. Watts


  1. Marivic says:

    Hi Attorney Watts,
    I’m working a Loan Modification with Wells Fargo, when a Debt Collector Lawyer sent me a letter about a Foreclosure Date. Is this a violation also that I can sue Wells Fargo? I had contact a Foreclosure Defense Lawyer, but he only gave me one option- to file Bankruptcy. I was sad and confused to his only one option for me. When I want to fight the Lender for this violation. Plus, he is a Foreclosure Defense lawyer, I never expect his solution to this case. Maybe, the Bankruptcy is the only way out of this Foreclosure Date (3-21-2018), but in my mind- there’s another way. I know I don’t have a lot of time, but please comment on this. I want to know what I can file in Court to postpone this Foreclosure Date. Thank you for all you videos, very helpful and important information.

    • John Watts says:


      It really depends on the details to know whether Wells Fargo setting a foreclosure date violates the law.

      What state are you in?

      If Alabama (where I practice), then we would want to know when you applied for a loan modification and when the foreclosure is set. The timing is critically important to know if you have some options on this.

      Now, if you have a normal mortgage, paragraph 22 will give you the right to bring a court action to assert any defenses to default, acceleration or foreclosure.

      So normally you can stop a foreclosure in Alabama without filing bankruptcy.

      (If you are in another state, you definitely need to check with a lawyer there as I have no idea the laws of other states).

      Give us a call (assuming in Alabama) and we’ll be glad to walk you through your options.

      205-879-2447 — ask for Randi and she’ll get your information.


      John Watts

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