Articles – Foreclosures
“A man’s home is his castle” — so what does this mean when we are threatened with losing our home? It means we are in a very serious situation and the mortgage company threatening us with foreclosure better make absolutely sure it has the legal right to threaten us with foreclosure.
There are three stages to foreclosure. At each stage there are dangers and opportunities to stop or reverse the foreclosure.
First, there is the activity leading up to the foreclosure itself. This is the stage where you normally try to work with the mortgage company to do a loan modification or what is called “loss mitigation” to avoid the foreclosure. Often the mortgage company will lie and deceive you in this stage by pretending to help you while actually working to take your home through a foreclosure. There are very strict federal laws now (as of January 2014) the provide great protection to you IF you take advantage of the protection the law gives you.
Second, there is the foreclosure itself. We have seen mortgage companies try to foreclose on the wrong date, in the wrong county, and to not even actually do the foreclosure itself at the front entrance of the courthouse. You have to protect yourself if you reach this stage by being at the courthouse entrance (outside) during legal hours on the day of the scheduled foreclosure. You have an opportunity to fight back when the mortgage company refuses to follow the law.
Finally, there is after the foreclosure. You will be told to leave. You will be threatened with a lawsuit if you don’t leave. You have, if you follow the law, a right to redeem your property. If you don’t leave in time, you will be sued for eviction — what the law calls an “ejectment lawsuit” to force you out of your home and hit you with money damages. You can sue the mortgage company in federal court or counterclaim against them when they sue you for ejectment. We have represented homeowners who have vacated (set aside) the foreclosure and gotten back on with their lives enjoying their homes. It is difficult, but possible so don’t give up hope.
At any stage you face danger. The key is to quickly learn your rights and then decide the best action. You will find all sorts of questions you have answered below. Please let us know what other questions you have so we can continue to build up our knowledge base here to help Alabama consumers.
If you are serious about protecting your home, and you are willing to spend time and money to do so, then call us at 205-879-2447 or contact us through our contact form on the website.
You can also watch our comprehensive free video series (with workbook) on how to prevent a foreclosure — this series has a wealth of information so you can do this on your own or so you can hire the right lawyer for you. Click here to access ForeclosureDVD.com now.
Alabama foreclosure: What you should look for in your credit reports to help stop the foreclosure
Alabama foreclosure: What you should look for in your credit reports to help stop the foreclosure You’re facing a foreclosure in Alabama. What should you look for in your credit reports to help you stop the foreclosure? These suggestions are specific to Alabama. Your state may be similar, but you will want to check on your state’s laws. Does your credit report show that you are in foreclosure? This is very common on credit reports. As you approach a foreclosure… (Read more)
3 simple steps to getting help with your mortgage due to Covid-19
3 simple steps to getting help with your mortgage due to Covid-19 If you have been laid off or financially affected by the Covid-19 pandemic, how do you make sure that you get what you are entitled to and ensure that your mortgage company does not cheat you? There are 3 simple steps you can use: Ask for help Document proof Take action Ask for help Call them. Go online and chat with your mortgage company. Send an email. Get… (Read more)
Suing your mortgage company for refusing to give you a CARES Act forbearance you were entitled to receive
The CARES Act is a powerful law that, if you qualify, entitles you to receive a forbearance on making payments on your mortgage. But what happens when your mortgage company refuses to give you the forbearance? What can you sue for? This is a question that was asked by a consumer after our article listed above. So here are some possibilities: FDCPA RESPA and RESPA letters FCRA State law Let’s look at these but first let’s remind ourselves of what the… (Read more)
CARES Act Explained: How to save your home from Alabama foreclosure
The CARES Act is an amazingly powerful law that can help you stop an Alabama foreclosure. This law was recently passed to help deal with the COVID-19 pandemic. Its a huge law but the part we will focus on is what this law says about stopping foreclosures by getting a forbearance. A forbearance means you don’t have to make payments for a period of months which is a benefit. This can be up to 6 months or even 12 months. … (Read more)
Alabama Foreclosure: Can a defective default letter make a foreclosure void?
Yes. If the default letter is defective, then the Alabama foreclosure can be declared “void” so that it never happened and/or you can sue for money damages. Let’s see why. Two Types of Foreclosures In America Judicial Foreclosure In Florida, for example, for the mortgage company to foreclose it must sue you, serve you, and then beat you in court. Then the judge will allow the foreclosure. It is called a “judicial” foreclosure because the court — the judicial system… (Read more)
What do I do if my mortgage company won’t properly respond to my RESPA letters?
“What do I do if my mortgage company won’t properly respond to my RESPA letters?” Unfortunately, this is a question that we’re asked frequently by Alabama consumers. They send these RESPA letters (Request For Information or Notice of Error letters), and the mortgage company replies but doesn’t answer any of the consumer’s questions. At the end of the mortgage company’s letter, it will say something like, “If you’re not satisfied with this response, get in touch with us.” Consumers wonder… (Read more)
Is it fair to sue my mortgage company under RESPA after sending a Notice Of Error letter?
“Is it fair to sue my mortgage company under RESPA after sending a Notice Of Error letter?” We talk in other articles about what exactly Notice of Error letters are, and how they help you when you’re dealing with mortgage companies. We’ve had cases where the mortgage company did nothing to fix the errors we mentioned. Consumers may wonder, “would it be right to sue them after we’ve sent them letters?” All too often these mortgage companies will act indignant… (Read more)
Can I stay in my house after a foreclosure sale in Alabama or do I have to leave
Your house is sold at a foreclosure sale in Alabama — what does that mean about you having to leave your house? We have written a good bit about how to stop a foreclosure but what if the foreclosure goes through? What happens next? Here’s the basic timeline and then we’ll dive into each one to give some details: Foreclosure deed gets filed in Probate Court You get a “vacate letter” from the alleged new owner of your home Normally… (Read more)
What if I sue my mortgage company but it still forecloses against me?
“What if I sue my mortgage company but it still forecloses against me?” In another article, we talked about whether or not bankruptcy was the only option when you’re facing foreclosure. Today, we would like to follow that question up with the best way to handle a foreclosure without going through the life-altering process of bankruptcy. Sue your mortgage company before the foreclosure takes place. When they tell you the foreclosure date, be sure to file your lawsuit before that… (Read more)
Is an Alabama ejectment lawsuit (after foreclosure) like a case on Judge Judy?
No. We see so many Alabama consumers make this mistake and it ends in disaster and anger. Let me lay out the context and then we’ll dive right into what happens. Context — foreclosure happens and then you get sued So as an Alabama resident and homeowner you get behind. Your mortgage company threatens foreclosure. So you get a default letter and then an acceleration letter. Maybe you try loss mitigation or maybe not. Then on the actual date of… (Read more)
Is it legal for my second mortgage to foreclose on me?
“Is it legal for my second mortgage to foreclose on me?” The answer is yes, they can. As long as the mortgage company follows the rules. Let’s take a moment to define some terms, though. When we’re talking about the first mortgage company, we’re talking about the main mortgage for your home. Sometimes, people decide to get another mortgage on top of that. That second mortgage is also tied to the house you bought. When you’re dealing with a foreclosure,… (Read more)
What exactly is a foreclosure deed in Alabama?
“What exactly is a foreclosure deed in Alabama?” There are many misconceptions out there about what a foreclosure deed is. Today we would like to clear those up for you. When we’re talking about who owns your house, we tend to jokingly say that the bank owns it. Technically speaking, we own our houses. There is a debt that we pay back to the bank (the “note”), and the mortgage ties that debt to the house, but it’s in our… (Read more)
Do I have to file a temporary restraining order (TRO) to stop an Alabama foreclosure?
“Do I have to file a temporary restraining order (TRO) to stop an Alabama foreclosure?” This is a question that we receive often in our practice. Consumers will come to us and usually say, “My house is going to be foreclosed on in 7 days, and the only option I have is to file a temporary restraining order.” This simply isn’t the case. Filing a TRO isn’t a new idea, but it’s something that rarely is done these days. We’ve… (Read more)
Why does my mortgage company ask for the same documents over and over during a loan modification?
“Why does my mortgage company ask for the same documents over and over during a loan modification?” This is a ridiculously frustrating situation to be in when you’re trying to save your Alabama home. When you’re facing foreclosure, taking action is important. You’re looking into loss mitigation, specifically a loan modification. The mortgage company asks you to fill out a form, so you fill it out and send it to them. They also say that they need your tax forms,… (Read more)
What’s the difference between the mortgage, deed, and note in Alabama?
“What’s the difference between the mortgage, deed, and note in Alabama?” These are important terms to know, especially when we’re facing foreclosure in Alabama. The note is the debt that you owe. That’s the money you’ve borrowed, and need to pay back. You may be wondering, “Well, is this just an unsecured debt? Like a credit card payment?” No, it’s a secured loan. The debt is secured by the mortgage. The mortgage ties the debt to the dirt. It’s how… (Read more)
If I’m facing foreclosure in Alabama, does my mortgage company have to give me a loan modification?
“If I’m facing foreclosure in Alabama, does my mortgage company have to give me a loan modification?” This question comes up from time to time, and we would like to take a moment to talk about it today — are you entitled 100% to a loan modification? The answer is no. There’s no absolute guarantee, or right, to get a loan modification. As an example, we had a potential client who owed over a million dollars but insisted that she… (Read more)
What are the legal foreclosure hours in Alabama?
“What are the legal foreclosure hours in Alabama?” Well, it’s not the entire day or business day. The legal hours of a foreclosure sale start at 11 am and go until 4 pm. There are a couple implications that come along with these hours. The main implication is that, if they conduct the foreclosure sale outside of these hours, the sale is no good. “What if they do the foreclosure sale at 8 am?” No good. Foreclosure sales have to… (Read more)
What happens at the actual foreclosure sale in Alabama?
“What happens at the actual foreclosure sale in Alabama?” There will be someone to conduct the foreclosure — it can be an “auctioneer” or a foreclosure lawyer. Usually an auctioneer. The auctioneer will stand there with a piece of paper that lists the auction, and then will read it to “conduct” the auction, and interact with the bidders. Usually, the mortgage company is the highest bidder, however, every once in a while it’s an investor or someone who’s interested in… (Read more)
What is cash for keys after an Alabama foreclosure?
You have been foreclosed in Alabama and now the mortgage company or a real estate agent is talking to you about “cash for keys” and you are trying to figure out what to do next. Let’s talk about the following: What is cash for keys? What are the advantages of taking it? The disadvantages in accepting cash for keys? What to do next What exactly is cash for keys? This is where you are offered money (“cash”) in exchange for… (Read more)
What is an Alabama foreclosure?
Alabama consumers often have questions about foreclosures — in this article we do our best to answer a number of these questions. We will have links to other articles if you want to go deeper on a particular subject. At any time you can call us at 205-879-2447 to get help with your mortgage issues, especially stopping or reversing a foreclosure. So let’s get started with these questions. . . What does a “foreclosure” actually mean? This is when… (Read more)
Can you sue your mortgage company for a defective default letter AFTER a foreclosure?
You were foreclosed on by your mortgage company. And you are likely still feeling the effects of this — maybe you have been sued for ejectment, there is a deficiency balance allegedly owed, you had to uproot your family to move, etc. It may seem as if all hope is gone — your mortgage company got away with this. But there may yet be hope…. In a very surprising development, the law in Alabama has actually improved for consumers. Very… (Read more)
Is bankruptcy a good way to stop a foreclosure in Alabama?
“Is bankruptcy a good way to stop a foreclosure in Alabama?” You have a foreclosure coming up, and you’re wondering if you should file bankruptcy before that foreclosure happens in Alabama. You’ve also, most likely, have gotten several letters from bankruptcy attorneys telling you that they can stop your foreclosure by filing bankruptcy. If you’ve done any research, you’ll find out about this thing called “retargeting,” which is basically where a business can pay to follow you around in a… (Read more)
Why do I have to send communications in writing to the mortgage company to protect myself?
“Why do I have to send communications in writing to the mortgage company to protect myself? Often we tell our clients that when they’re dealing with their mortgage company, it’s fine to communicate by phone or email, but they need to verify everything by getting it in writing. Let’s talk about why this is important. Many of these mortgage companies are crooked. Sadly, this is how they operate. They lie and cheat you. We had one mortgage company representative tell… (Read more)
How to stop an Alabama foreclosure from Nationstar Mortgage (Mr. Cooper)
Nationstar Mortgage is one of the largest servicing companies of home mortgages and they foreclose on many Alabama homeowners. A recent “branding” campaign of changing their name to “Mr. Cooper” is designed to make you think Nationstar is a kind, compassionate old friend. A name change does not mean the corporate culture has changed. Understand this — they will foreclose on you in a heartbeat. You must protect yourself from their tactics. So how can you stop a foreclosure from… (Read more)
How does the Truth In Lending Act help stop an Alabama foreclosure?
How does the Truth In Lending Act help stop an Alabama foreclosure? We’ve talked in other articles about various laws that can help stop a foreclosure, such as RESPA, the FDCPA, and the FCRA. Today we’re going to talk about TILA, the Truth In Lending Act. There are a couple of provisions that come to mind when we talk about the Truth In Lending Act that may be able to help you if you’re facing foreclosure. One provision is that,… (Read more)
Why checking your credit reports before and after a foreclosure is vital
Why checking your credit reports before and after a foreclosure is vital A large part of our practice at Watts & Herring is helping people who are facing foreclosure in the state of Alabama. In addition, we help consumers with credit reporting errors. Are these two practice areas completely separate, or do they merge together from time to time? Sometimes they merge. This is why we recommend checking your credit reports whether you’re facing a foreclosure, or you’ve just gone… (Read more)
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… (Read more)
Can I be sued on my second mortgage when my first mortgage was foreclosed on years ago?
Let’s say that you have a first mortgage. This is also your main mortgage, and you have a second mortgage. Then you go through some hard times, and the first mortgage forecloses on you. You don’t have to pay off the second mortgage, and once the foreclosure happens you don’t own the property anymore. This makes the second mortgage an unsecured debt since there’s no dirt to tie to the debt. Naturally, the question is asked, “Can I be sued… (Read more)
Can I be sued for a deficiency from a deed in lieu of foreclosure?
Can I be sued for a deficiency from a deed in lieu of foreclosure in Alabama? We’ve talked in other articles about if you can be sued for a deficiency, and about if you can be sued for a short sale in Alabama. The answer is yes to both of those questions. What about if you do a deed in lieu of foreclosure? This is where you take your deed and give it to the mortgage company and say, “I’m… (Read more)
Lawsuit against Lakeview Loan Servicing, LLC to stop a foreclosure in Alabama
Suing your mortgage company under the authority of your mortgage can be a very powerful tool to stop an Alabama foreclosure. We explain why this is a secret that your mortgage company does not want you to know about. But it is sometimes helpful to see something, not just hear about it. So here is the text from a lawsuit we filed against Lakeview Loan Servicing, LLC to stop a foreclosure in Alabama. These are the allegations — I’m sure… (Read more)
Why should I pull my credit reports when I’m dealing with a foreclosure?
When you’re facing foreclosure, we recommend that you pull your credit reports. This confuses people, and they ask, “Why in the world should I do that? I’ve got a foreclosure that’s happening in two weeks! How is that going to help me?” Well, there are a couple of ways it will help you. It may give you information that shows the foreclosure isn’t allowed. You may also see information that violates other laws, such as the FCRA, Fair Credit Reporting… (Read more)
What happens to the deficiency in my foreclosure?
Let’s say you own a home and you’re facing a foreclosure. Let’s also say that your house has already been foreclosed on. The price of your foreclosed home is $150,000, but you owe $200,000. What happens to that deficiency? Well, you can be sued for that deficiency. Many people are surprised by this, even lawyers. They say that once the foreclosure happens you’re done, no one can sue you. However, that’s inaccurate. You need to know how much the foreclosure… (Read more)
How can I get a loan modification if I have bad credit?
How can I get a loan modification if I have bad credit? This is a great question that we were asked the other day, and we wanted to cover it in this article. This person was having trouble with their mortgage and they’re going through loss mitigation, specifically a loan modification. They were talking and said, “I don’t think I’m going to be able to get a loan modification.” We asked them why, and they said that their credit score… (Read more)
How does the FCRA help me stop an Alabama foreclosure?
When you’re facing foreclosure in Alabama, you need to look at all of your options. This includes all of the various laws that can help you. In this article, we’re going to talk about the FCRA, or Fair Credit Reporting Act. We also talk about the FDCPA (Fair Debt Collection Practices Act), RESPA (Real Estate Settlement Procedures Act), Alabama State Law, etc. in other articles. It’s crucial to look at everything that can help you stop your Alabama foreclosure from… (Read more)
How to stop a foreclosure in Alabama
It is possible to stop a foreclosure in Alabama — here are the ways: Sue your mortgage company as you have the right to do under your mortgage Reinstate the loan File bankruptcy (usually chapter 13) Obtain loss mitigation (usually a loan modification) Let’s look at each one of these in depth. Sue your mortgage company as you have the right to do under your mortgage Alabama foreclosures are “non-judicial” which means no judge is involved. But you have the… (Read more)
How does RESPA help stop a foreclosure in Alabama?
Let’s talk about stopping foreclosures in Alabama. We’ve talked about this in other articles, but let’s do a quick recap. Alabama foreclosures are non-judicial. This means that there’s no court action filed against you. There is a specific federal law related to mortgages and foreclosures that can help you stop a foreclosure. This federal law is called RESPA, or Real Estate Settlement Procedures Act. How does this help? RESPA does a couple of things for us. It tells us that… (Read more)
Myths of stopping foreclosures in Alabama
Stopping your Alabama foreclosure is possible but many homeowners fall victim to one of the common myths. The problem is when we start with the wrong assumption, we reach the wrong conclusion. If I’m in Birmingham and I want to go to Atlanta, then driving West will not get me to Atlanta. I can be as motivated as possible, but driving the wrong direction won’t get me to where I want to be. So if you are facing a foreclosure,… (Read more)
Why do I need to look at monthly mortgage statement if I’m having trouble with my mortgage company?
There is great power in sending RESPA (Real Estate Settlement Procedures Act) letters to your mortgage company to get information and correct errors. Dealing with mortgage companies can be a nightmare for you — they make all sorts of error and hide information from you. Especially if you are falling behind or trying to do loss mitigation. And if you are facing a foreclosure — they become almost unbearable. So you can use RESPA letters to help — they are… (Read more)
Who is Foreclosure Home Retention LLC who sent me a letter about a foreclosure?
You are wondering who in the world is “Foreclosure Home Retention LLC” and why they are writing to you about an upcoming foreclosure. We’ll look at the letter they typically send and then go through some questions you will be having about using this company to stop a foreclosure on your home. Here is the letter they typically send: Foreclosure Home Retention FORECLOSURE AUCTION NOTICE [Your name address] YOU MUST CALL (888)488-9542 TO STOP THE SALE OF YOUR PROPERTY Our… (Read more)
What is a notice of default letter before a foreclosure in Alabama?
What is a notice of default letter before a foreclosure in Alabama? So you have a mortgage, you’re going through a rough patch, and you’re starting to miss payments on your mortgage. Now you’re getting a letter that says “notice of default,” and you’re wondering what in the world this could be. Typically, this is a letter that’s sent around 90 days/4 months. The letter itself basically says, “You’re late, and you’re in default because you broke the contract. If… (Read more)
Foreclosure: Should I sue even if I don’t want to keep my home?
We have previously discussed suing your mortgage company before an Alabama foreclosure — but should you consider this if you do not want to keep your home? Maybe. Let’s think this through. Do you have the right to sue before a foreclosure happens? What are the consequences of a foreclosure? Can you negotiate a settlement without a foreclosure and still leave your home? We’ll take a look at each of these. Do you have the right to sue before a… (Read more)
Alabama Foreclosure: What is dual tracking?
Alabama Foreclosure: What is dual tracking? This is a term that the mortgage companies have come up with, and they’re very proud of it. Dual tracking is something they used to do openly with consumers, but now they have to be more careful about it since some rules changed in 2014. Let’s get into what dual tracking actually is. Imagine the mortgage company has two train tracks that are parallel to each other. One track is loss mitigation, and the… (Read more)
How do I use the FDCPA to help stop a foreclosure in Alabama?
Many folks (and lawyers) do not think of the FDCPA (Fair Debt Collection Practices Act) when it comes to stopping Alabama foreclosures. But it can be a powerful law when used correctly. We’ll do this in the article: When does the FDCPA apply in a mortgage context? What does the FDCPA prohibit a mortgage company from doing in a foreclosure setting? Some examples of how the FDCPA can stop or reverse a foreclosure. How does the FDCPA work with the… (Read more)
What does loss mitigation mean in stopping an Alabama foreclosure?
If you are remotely facing an Alabama foreclosure, you need to look at loss mitigation. Let’s talk about loss mitigation as follows: What is loss mitigation? What are examples of loss mitigation When do I need to apply for loss mitigation? What happens if the mortgage company refuses to give me loss mitigation? What should I do now? Let’s go through each one of these. What is loss mitigation? This simply means something to avoid the foreclosure. “Mitigation” means to… (Read more)
How do I find the right Alabama foreclosure defense lawyer?
If you are facing a foreclosure, or even just falling behind on your mortgage, it is mission critical to get with the right Alabama foreclosure defense attorney to discover your options. But how do you find the right one? Here are some thoughts for you: Are you confident the lawyer knows what he or she is doing? Is there a strategy for how you will stop the foreclosure (hint: more than just telling you to “file bankruptcy”)? Do you feel… (Read more)
Can I sue my mortgage company AFTER an Alabama foreclosure?
Here’s your situation: you have already been foreclosed. Now you are wondering if you have any options about suing your mortgage company for the foreclosure. You may. Let’s look at some common situations where you can sue your mortgage company after the foreclosure in order to get money damages and/or get the foreclosure undone. You want the foreclosure undone to save your home. If you have any questions about if any of these apply to you, call us at 205-879-2447… (Read more)
Learn the types of foreclosure defense cases we will NOT take
We can and have helped all sorts of Alabama folks facing foreclosure. But there are some folks that we cannot and will not help. I’m not trying to be unkind but if you fall into one of these categories, there is nothing we can do to help you. Here’s the list of foreclosure defense cases we will not accept and then we’ll dive a bit deeper into each type of person: Folks who are not willing to do anything to… (Read more)
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,… (Read more)
Foreclosure: Case study of family choosing between bankruptcy and suing mortgage company to stop the foreclosure
Put yourself in the position of a lawyer who is meeting with a family facing the loss of their home due to foreclosure. What will you advise them? What are their options? Let’s walk through a hypothetical example that is repeated every day in Alabama. We will use an example of a typical family facing foreclosure who is considering filing bankruptcy. Let’s call them Bob and Betty Smith and they live with their two kids (10 and 15). We will… (Read more)
Why is an Alabama foreclosure so bad?
I was recently asked this question — “What is so bad about a foreclosure?” The person who asked this lives in Alabama and was asking in a very sincere way. And it got me thinking that I have not ever discussed the actual specific negative consequences of foreclosures. So let’s do the following three things: Quick summary of foreclosure procedure The short term consequences of a foreclosure Long term consequences of foreclosure Quick summary of the foreclosure procedure/process If you… (Read more)
Welcome to ForeclosureDVD.com where you can learn how to stop your Alabama foreclosure
You are here because you are looking for ways to stop the upcoming foreclosure on your home in Alabama — the good news being at ForeclosureDVD.com is exactly the right place for you. This will not be a long article — instead, we encourage you to watch the video to discover more of your rights and options. There is a ton of practical information in this video along with the worksheet. After you finish it, if you want a consultation… (Read more)
Alabama foreclosure: Critical keys to understanding a default letter or notice of default
The default letter (or “notice of default”) is the critical first step in the foreclosure process against you in Alabama. You need to know: What is happening with the default letter Defects in the default letter What will happen next What you should do right now Let’s take these one at a time. What is happening with the notice of default or default letter (and why are you getting it from your mortgage company)? The notice of default (default letter)… (Read more)
The Secret Your Mortgage Company Does Not Want You To Know About Regarding Stopping Foreclosures
My name is John Watts and my law firm helps Alabama consumers who are facing foreclosure to stop the foreclosure without filing bankruptcy. Join me on this short journey and I trust you will find this time well spent as you look for how to save your home from a foreclosure. The only supposed ways to stop a foreclosure in Alabama The mortgage company (whether Nationstar/Mr. Cooper or Wells Fargo or Bank of America or whoever) wants you to believe that the… (Read more)
Alabama Foreclosure: What is a notice of acceleration?
Alabama Foreclosure: What is a notice of acceleration? So you have a mortgage and you’ve fallen behind on your payments, and you received a notice of default letter. Unfortunately, you’re not able to fix this. Now, you’ve received something called an “acceleration notice.” What in the world is this? It means you owe everything now. When you get this in the mail, the mortgage company is basically saying, “You had a 30-year note, which means you had plenty of time… (Read more)
What is a removal of my case from state court to federal court?
What is a removal of my case from state court to federal court? This is where a state case is moved (“removed”) to federal court. So the case literally started in state court and now is transferred to federal court. That’s basically what this means. This is the right of a defendant who is sued in state court if one of two things has happened. The first situation is when there’s a federal claim involved. Let’s say you sue an… (Read more)
For Lawyers: Why is bankruptcy usually a terrible idea to stop an Alabama foreclosure?
This is the first in a series of articles for lawyers. We often get calls from lawyers around the country (and the state of Alabama) and we thought it would be helpful to include some of our answers in articles. This article is specifically focused on Alabama lawyers who are advising their clients on how to stop a foreclosure. Should you use bankruptcy as a last resort or a first choice in stopping a foreclosure? Bankruptcy can stop a… (Read more)
“If I get an ejectment or vacate notice after an Alabama foreclosure, is there anything I can do?”
“If I get an ejectment or vacate notice after an Alabama foreclosure, is there anything I can do?” Yes. Even though many will tell you there is no hope, this is not true. You may very well have some options. Let’s back up for a second and talk about the time line. The mortgage company forecloses on you. Then they send you a letter to “vacate.” Next, you will be sued for “ejectment,” which is like an eviction. Unfortunately, many… (Read more)
Fancy “Stealing” — What Mortgage Companies Do In Alabama Wrongful Foreclosures
Are mortgage companies thieves when they do illegal foreclosures in Alabama? Absolutely! These companies come into our state and intentionally violate the law. They intentionally do bogus and wrongful foreclosures. For example we have a current case against Wells Fargo. Our client was facing foreclosure. He asked for the amount to “reinstate” his mortgage. Wells Fargo gave him the amount. He did not question it but paid it. Exactly by the deadline Wells Fargo gave him. Exactly to the account… (Read more)
“How do I stop a non judicial foreclosure in Alabama? I want a judge to look at this!”
Your mortgage company is threatening to take your home in a foreclosure in Alabama. You know this is wrong. You want to stop it or at least have a judge look at this issue. Surely the foreclosure can’t happen without a judge, right? Well . . . . In Alabama, foreclosures can be judicial or non judicial but . . . . So two ways to do a foreclosure in Alabama. Judicial — where a judge is asked to look… (Read more)
Is bankruptcy the only option to stop an Alabama foreclosure?
No — there are many other options to stop a foreclosure in Alabama without having to file for bankruptcy. I understand that when you are facing the loss of your home, it feels the world is closing in on you. And your friends and family (meaning well) will tell you that your only hope is bankruptcy. Or just let the foreclosure happen and move out. There are other options. Better options than bankruptcy. Here is a short list and then… (Read more)
Make sure your lawyer answers all of your questions before hiring the lawyer
You have questions — make sure before hiring a lawyer that you get all of your questions answered The primary reason you consider hiring a lawyer is because you have questions about the law or how the legal process works. Especially when you are considering being in court — it is natural that you would have questions. So here are some suggestions as you go through the process of finding and hiring a consumer protection lawyer. Make a written list… (Read more)
How long do I have to answer an Alabama ejectment lawsuit after a foreclosure?
“I was foreclosed on and now I have been sued in an ejectment lawsuit. How long do I have to answer an Alabama ejectment lawsuit in circuit court after a foreclosure?” This is a great question that we get from homeowners who have been foreclosed and are now trying to figure out what to do. You have 30 days from the day you were served to answer. It’s critical that you answer the lawsuit within this time frame, because bad… (Read more)
What could possibly happen after I’ve been sued in an ejectment lawsuit after foreclosure?
What could possibly happen after I’ve been sued in an ejectment lawsuit after a foreclosure in Alabama? This is a natural question, especially since the foreclosure has already happened. In addition to foreclosure, you’ve been sued! Well, there are three things that could make things worse. 1. You could get kicked out of your home. If you lose your ejectment lawsuit, then a sheriff’s deputy will come to your door and tell you that you and your stuff need to… (Read more)
If my first mortgage gets foreclosed, can I be sued by my second mortgage company?
This type of situation is becoming more common. Let’s say that our first mortgage company has foreclosed on us, and we’ve moved out of the house. The first mortgage company will collect their money from the foreclosure sale, but they don’t pay the second mortgage company except in very unusual circumstances. We move somewhere new and started a new phase of life. Years later, a company sends us a letter, claiming that we owe them money from our second mortgage,… (Read more)
“What should I do at the actual foreclosure sale?”
There are a number of ways to stop a foreclosure (even without filing bankruptcy) but let’s assume none of those work for you for whatever reason. So you have the actual foreclosure sale tomorrow at the courthouse in your county. What do you do? Let’s look at this. You could do nothing and hope the foreclosure sale gets cancelled This is what most people do. They hope and assume that nothing bad will happen. “Surely the foreclosure sale won’t go… (Read more)
Discover how you can save your home from a foreclosure without filing bankruptcy
You are here because you received a letter from us about a foreclosure that is scheduled on your home and you want to save your home WITHOUT filing for bankruptcy The good news is you most likely have some options to legitimately stop the foreclosure. You will need to act quickly and decisively but you do have options. (You may be ready to talk now — if so call 205-879-2447 and ask for Randi or click on the button below).… (Read more)
How to stop an Alabama foreclosure on your home without filing bankruptcy
You are in the right place if you are looking for how to stop your Alabama foreclosure without filing bankruptcy You are here because you have an actual foreclosure date scheduled for your home in Alabama. This is known as a “foreclosure crisis” and you are wondering if there is any way to stop it without filing bankruptcy. [Update — we have a new article that goes over 5 specific steps you can take to stop a foreclosure without a… (Read more)
What is the 120 day foreclosure rule under RESPA?
“What is the 120 day foreclosure rule under RESPA?” RESPA is a powerful federal law that can help prevent a foreclosure, especially if you are not more than 120 days past due on your mortgage. Let’s talk about this for a moment. What is RESPA? RESPA is a federal law that has been around a long time but was recently changed in 2014 to give homeowners protection against a lot of the abusive mortgage practices. This includes: So called “dual… (Read more)
What is a motion to enforce a settlement agreement?
“What is a motion to enforce a settlement agreement?” A motion to enforce a settlement agreement is where we are asking a court to enforce the terms of a settlement — to make the defendant do what the defendant promised when it settled. A case gets settled and sometimes we don’t have the settlement agreement already finalized. Or we do and the company we have sued wants to add terms and conditions that we never agreed to. The most common… (Read more)
Can I really sue my mortgage company for violating RESPA?
“Can I really sue my mortgage company for violating RESPA?” One of the questions that may come to mind is, “Can I really sue my mortgage company under RESPA?” The answer is “Yes” — if your mortgage company has violated RESPA then you can sue and that may stop a foreclosure against you. RESPA is a powerful law. It’s very helpful when you’re facing foreclosure, and especially if the mortgage company has made any mistakes. Usually they do make mistakes,… (Read more)
How do I use Notice Of Error letters in my foreclosure case?
“How do I use Notice Of Error letters in my foreclosure case?” When you’re facing a foreclosure, you may be wondering, “How can I stop this from happening?” One part of the answer is to properly use Notice of Error letters under the federal law of RESPA. First, you can find detailed information on foreclosures and the federal law RESPA for free by going to ForeclosureDVD.com and RESPAVideo.com as these sites have several incredibly detailed videos and downloads on foreclosures… (Read more)
The Scorpion and the Frog– why do abusive companies break the law?
This is a little different from our usual posts, however, I believe this story will be beneficial to you as you deal with abusive companies. The Scorpion and the Frog This story has application to debt collectors, credit reporting agencies, car finance companies, mortgage companies, etc. Sometimes we sit and wonder, “Why do these companies do these dumb things where they’ll have to pay a lot of money after we sue them?” Read the story of the scorpion and the… (Read more)
How do the new RESPA laws help avoid a foreclosure in Alabama?
Today we will discuss RESPA and how it can help prevent a foreclosure. RESPA is a Federal law that governs the relationship between you and the mortgage company This is a very broad law that covers different aspects of foreclosure. Right now we will focus on how it’s helpful in stopping a foreclosure. Here are a few examples of how this law is helpful. If you apply for loss mitigation more than 38 days from the foreclosure date, then that… (Read more)
Discover how to use RESPA letters with your mortgage company
I’ll keep this article short — the video above is a detailed (nearly an hour) discussion of how to use RESPA letters when dealing with your mortgage company, especially if you are facing a foreclosure. You can send Request for Information letters and Notice of Error letters to your mortgage company. In the video we discuss what these are, and then go through about 14 sample letters. So that you will understand the theory behind the letters. If you are… (Read more)
How do I learn more about letters to send in my foreclosure case?
“How do I learn more about letters to send in my foreclosure case?” If you’re facing a foreclosure, you may be thinking, “How do I learn about Notice Of Error and Request For Information letters?” All of this is under the federal law RESPA, which deals with mortgages Whether you’re facing foreclosure, have already faced a foreclosure, or you’re just confused about what your mortgage company is doing, these letters are very powerful in making sure that mortgage companies are… (Read more)
Why We Need A Timeline To Meet With You On A Wrongful Foreclosure Case
If you are facing a foreclosure, or even if you have been foreclosed, why do I need a timeline to meet with you? Because under state and federal laws, dates are very important when dealing with a foreclosure. What might be legal if done in 30 days might be illegal if done in 29 days. Think of a football game — the whole game can be won or lost based on mere inches. The same is true of foreclosures and… (Read more)
Case study– suing Bank of America, Experian, and TransUnion under FCRA for false credit reporting
Summary of the case Bank of America forecloses They foreclosed on our client. Bank of America sues for eviction or “ejectment” This happens after the foreclosure to force you out of your home. Consumer counter sues for wrongful foreclosure, including breach of contract Along with some other claims all related to the wrongful foreclosure. No money was owed to Bank of America after the foreclosure Because they were fully paid in the foreclosure sale. Lawsuit and counterclaims were resolved The… (Read more)
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… (Read more)
Why do I need to bring you a timeline and give you info for our consultation?
“Why do I need to bring you a timeline and give you info for our consultation?” When we have a consultation we need certain information from you including a timeline of what happened when. Sometimes potential clients don’t want to get us documents — they say, “I have a specific question and I just want you to answer that one question. I don’t need to share any other information with you.” We respectfully decline to consider letting these folks be… (Read more)
What is a notice of error under RESPA related to my mortgage?
“What is a notice of error under RESPA related to my mortgage?” We have this law called RESPA that applies to mortgages and it covers many areas, but for our purposes we’re going to speak about, “What does it say on something called a Notice of Error?” What is a Notice of Error? That’s when your mortgage company has committed an error in what is known as the “servicing” of your loan. That could be what they claim you owe,… (Read more)
What is a request for information under RESPA for my mortgage?
“What is a request for information under RESPA for my mortgage?” RESPA is the federal law that governs mortgages. If you think your mortgage company has done something wrong, or if they’re done something that is confusing to you and you don’t understand why they’re doing it, you can send a request for information. These are related to, but a bit different than a notice of error under RESPA. [A Notice of error is where you say, “Mortgage company, you’ve… (Read more)
What is the timeline on an Alabama foreclosure?
“What is the timeline on an Alabama foreclosure?” My name is John Watts. I’m an Alabama consumer protection attorney and today we’re going to answer, “I’m afraid I may be foreclosed. What is the timeline or the timetable in Alabama for a foreclosure?” It’s a great question. It’s one that we get quite a bit, so we wanted to address it in this video. Keep in mind there are three stages of foreclosure in Alabama: There is before the foreclosure.… (Read more)
Alabama Foreclosure– Will I be kicked out of my house by a sheriff?
“I was foreclosed. Does this mean the sheriff will kick me out of my house?” This is a very common question. There are so many foreclosures and there’s so much misinformation out on the internet, from real estate agents that come by, from friends and family that give you advice, etc. Unfortunately, there are a lot of misconceptions out there about what a foreclosure means. Let’s talk about the three stages of foreclosure. The first stage is before the foreclosure… (Read more)
How does the FDCPA apply to my mortgage company?
Hello. My name is John Watts. I am an Alabama Consumer Protection Attorney and this is part of our continuing series on answering questions. The question we will answer today is how does the Fair Debt Collection Practices Act or the FDCPA, apply to my mortgage company? Here is what the FDCPA regulates or governs. It says if you have a debt collector and you are dealing with a personal debt and not a business debt, then the FDCPA will… (Read more)
Does the FDCPA apply to my mortgage company?
Yes often the FDCPA applies to your mortgage company. Here’s a recent question: “I read that the FDCPA, the Fair Debt Collection Practices Act, does not apply to a mortgage company. Is that true?” It depends. Your mortgage company must be a debt collector for the FDCPA to apply and give you protection. Let’s walk through an example to illustrate this point — if the mortgage company gets the loan and it is not in default, then not a debt… (Read more)
I had a loan modification then the loan got transferred and then new company is refusing to honor the loan modification. What do I do?
General rule on loan modifications when transferred Normally once a loan has been modified then even if the loan gets transferred to a new mortgage company, the new mortgage company must honor the loan modification. This is because your loan is a contract. If it is truly modified, then whoever gets that loan (that contract) must follow it. What should you do if this happens? My suggestion is to be very aggressive on this so you can get it fixed… (Read more)
I’ve been sued for ejectment after a wrongful foreclosure and I did not answer. I just got default judgment. Will this hurt me suing my mortgage company?
“I’ve been sued for ejectment after a wrongful foreclosure and I did not answer. I just got a default judgment. Will this hurt me suing my mortgage company?” After a foreclosure in Alabama, if you don’t leave your home, then you will be sued for “ejectment” and so many folks do nothing and so they get a default judgment. (We have a full transcript and video on the 5 most common mistakes when sued for ejectment here). The person who… (Read more)
What happens if you walk away from your house when facing foreclosure? Are you responsible for that debt?
“What happens if you walk away from your house when facing foreclosure? Are you responsible for that debt?” What happens when you walk away from a mortgage debt — sometimes called a “strategic foreclosure”? Let’s make sure we are on the same page as to what this means. You decide to let your house go back to the mortgage company in a foreclosure. At the public sale, the house will be sold (usually to the mortgage company) and we need… (Read more)
What do I do if Nationstar is showing up on my credit report but I don’t have a mortgage in my name. It’s in my spouse’s name only.
“What do I do if Nationstar is showing up on my credit report but I don’t have a mortgage in my name. It’s in my spouse’s name only.” This is something that we see quite often. It’s when a mortgage company, for example, NationStar, gets a loan and they will start collecting against you even if you are not on the loan. I’ll use myself as an example. If my wife is the only one on the note, the note… (Read more)
Foreclosure secrets that your mortgage company does not want revealed
Foreclosure secrets that your mortgage company does not want revealed Mortgage companies need for you to not understand your rights when you are facing a foreclosure because if you don’t understand your rights, you won’t stand a chance of stopping the foreclosure on your Alabama home. But. If you do understand your rights, and specifically in this article the three secrets, then you greatly increase your chances of success. Do keep in mind we go into much greater detail in… (Read more)
Free video series to stop foreclosures in Alabama
There is so much mis-information about foreclosures, loan modifications, etc. in Alabama. Where do you turn and what do you do? We have several resources for you. Our most comprehensive is our 4 video series (with detailed workbook) that you can watch for free. This is not for someone looking for an “easy” button or who is not willing to work to stop a foreclosure. We go into tremendous detail in these videos which range from about 20 minutes to… (Read more)
Is it important to respond to a summary judgment motion in an ejectment case?
“Is it important to respond to a summary judgment motion in an ejectment case?” If you are facing a summary judgment motion in your ejectment case, you must respond in the right way and at the right time. What is an ejectment case? If you get foreclosed on your Alabama home and do not move out, you will almost certainly be sued in an “ejectment” lawsuit. This is where the alleged new owner of your property, almost always the mortgage… (Read more)
Sued for ejectment after a foreclosure? Avoid these mistakes.
Sued for Ejectment Following a Foreclosure? What Should You Do Right Now? Hello and welcome to our video. My name is John Watts. I’m a consumer protection attorney in Alabama, and we represent homeowners who have had a foreclosure and then have been sued for what in Alabama is called “ejectment,” or an eviction. I appreciate you joining with us in this journey, and we trust that the time that we’re going to spend together will be very useful. If… (Read more)
5 critical things to do when you are behind on your mortgage to avoid a foreclosure
Essential Steps To Help You Prevent A Foreclosure If You Are Behind On Your Home Mortgage Payments You realize you are behind on your mortgage payment to Bank of America, Chase, Ocwen, etc. — what do you do now? Let’s look at your situation and figure out some solutions. First, you are feeling an intense amount of pressure and stress because if you can’t get this situation fixed, you know you can lose your house. If you simply don’t have… (Read more)
21st Mortgage address to receive notice of error and request for information under RESPA
21st Mortgage address to receive notice of error and request for information under RESPA We are filing lawsuits in federal court against mortgage companies (servicers) who violate RESPA in part by not properly responding to notice of error letters and request for information letters. These letters are the more modern version of the old qualified written request under RESPA and these new letters (and new rules to help you) came about as of January 10, 2014. But you have to… (Read more)
When facing a foreclosure, what is a short sale?
“When facing a foreclosure, what is a short sale?” A short sale is when you’re facing a foreclosure and you’re wanting to avoid that foreclosure. A short sale is where you agree with the bank to sell your house for less than what you owe. Here’s an example. Suppose you owe $200,000, and you get an offer for $180,000. That’s $20,000 short. You either have to come to the closing table with 20 grand or get your mortgage company to… (Read more)
What is a notice of error under RESPA?
“What is a notice of error under RESPA?” One of the powerful tools you have under RESPA is the “Notice of Error” which is a letter you send to your mortgage company where you tell them they made an error and you give them a chance to fix it. “What are the possibilities after I send a notice of error?” Two options: They fix it which is great. Problem solved. Or, they don’t fix it. This leaves you some options:… (Read more)
What Does Loss Mitigation Mean In A Foreclosure Context?
“What is loss mitigation?” Loss mitigation means to avoid a foreclosure. Within loss mitigation we have: Loan modification Short sale Deed in lieu of foreclosure Forbearance Principal reduction etc. What to do if you are struggling with making your payments If you are falling behind on your mortgage, it makes a lot of sense to ask your mortgage company to give you loss mitigation. Normally you will fill out a package — a loss mitigation package — and then the… (Read more)
What is RESPA in a foreclosure context?
“What is RESPA in a foreclosure context?” RESPA is a federal law that tells mortgage companies what they must do, what they cannot do, and it also allows you to challenge errors that the mortgage company makes and allows you to request an extensive amount of information from mortgage companies that they used to refuse to give you. All of this can be the difference between not having a foreclosure and in losing your home or having to file bankruptcy… (Read more)
“How do I use the new RESPA rules when doing a loan modification with my mortgage company?”
“How do I use the new RESPA rules when doing a loan modification with my mortgage company?” When you are dealing with the mortgage companies (Bank of America, Chase, Citi, Ocwen, Wells Fargo, etc) and you are trying to get a loan modification, it can be a nightmare. If not worse. You are trying to get a loan modification (one form of loss mitigation) so that you can avoid a foreclosure. Let’s talk about the typical process, then how this… (Read more)
For Ocwen — Where do I send a request for information or notice of error?
For Ocwen — Where do I send a request for information or notice of error? Under the new RESPA laws as of January 10, 2014, we have the ability to send a “request for information” or “notice of error” to our mortgage company. If you have Ocwen Loan Servicing, LLC, then you can look on the front or back of your mortgage bill and you will find the address to send these types of notices. You can also go to… (Read more)
4 steps to success in getting a loan modification and avoiding foreclosure
4 steps to success in getting a loan modification and avoiding foreclosure If you are falling behind on your mortgage, or you are even facing foreclosure, then you need to take immediate action before it is too late. Often the solution is to get a “loan modification” so your payments will be affordable. (Loan modification is one form of loss mitigation). Unfortunately many people do not understand the steps to take to be successful in getting a loan modification. [NOTE: … (Read more)
The dirty secret of hiring a great lawyer
The dirty secret of hiring a great lawyer The dirty secret is it is very difficult knowing for certain that you have found a good lawyer to represent you in whatever legal matter you have. (At the end of this lengthy article I talk about how my family made the decision on hiring a lawyer as this might be helpful to you). I know this sounds like a crazy thing to say, since I’m a lawyer who clients hire to… (Read more)
Why mortgage companies (servicers) are so willing to violate RESPA — they “know” you won’t sue
Why mortgage companies (servicers) are so willing to violate RESPA — they “know” you won’t sue Because they don’t think you will know they violated the law, and even if you do, they are banking on the fact that you won’t do anything about it. And even if you do take some action, it will be the wrong action. Let’s look at the mindset of the mortgage companies to understand why they will violate the new RESPA/CFPB laws. Their research… (Read more)
“What is this 120 day prohibition on a foreclosure in Alabama?”
“What is this 120 day prohibition on foreclosures in Alabama?” As of January, 2014, we now have some wonderful new federal laws that prevent a foreclosure in Alabama from occurring until you are 120 days behind. This is because of the new RESPA (Real Estate Settlement Procedures Act). Foreclosures before RESPA law Previously, before these new laws, you could be foreclosed in a matter of just a couple of months in Alabama. You would be set a default letter. This… (Read more)
“Why do mortgage servicers love to hit consumers with bogus fees and charges?”
“Why do mortgage servicers love to hit consumers with bogus fees and charges?” Mortgage servicers (Bank of America, Chase, Citimortgage, Nationstar, Ocwen, Wells Fargo, etc) make very little money on “servicing” your loan. Actually, if they can charge you a late fee, a BPO (Broker Price Opinion), property inspection, etc. then normally they make more money from this than a month’s worth of servicing fee. So from a financial perspective, there is great incentive for the servicers to come up… (Read more)
“I have a new servicer Nationstar and they claim to not want to honor my loan modification — is this legal?”
“I have a new servicer Nationstar and they claim to not want to honor my loan modification — is this legal?” In the last twelve months, many of the large mortgage servicing companies have sold or transferred the “servicing rights” to another company. For example, Bank of America has transferred hundreds of millions of dollars of servicing rights to Nationstar. (A servicing company is simply the company that sends you bills, collects your payments, handles escrow, etc. for the company… (Read more)
How the new RESPA Federal Rules can help you stop a foreclosure in Alabama
How the new RESPA Federal Rules can help you stop a foreclosure in Alabama In January 2014, the federal government released new rules and regulations for RESPA (Real Estate Settlement Practices Act) which governs mortgage servicers. The companies that send you bills, take your payments, figure (or mis-figure) escrow, and the companies that handle loan modifications and foreclosures. These include Bank of America, Chase, CitiMortgage, Ocwen, and Wells Fargo as well as smaller companies. These new rules fundamentally change the… (Read more)
“If I’m 30 days late should I call a foreclosure defense lawyer to help?”
“If I’m 30 days late should I call a foreclosure defense lawyer to help?” The short answer is “Yes.” Particularly since January 10, 2014. This is because there are new rules in place that for the first time give you real rights in modifying your loan and stopping a foreclosure. We were able to stop foreclosures in the past by suing the abusive mortgage companies (your mortgage gives you the right to do this) but now we have much better… (Read more)
Alabama Foreclosure: Should I Hire a Loan Modification Company From Out of State?
Alabama Foreclosure: Should I Hire a Loan Modification Company From Out of State? No. How’s that for a direct answer? I know it is a terrible idea to hire a loan modification company — whether in state or out of state. You can either modify your own loan or hire an Alabama foreclosure defense lawyer to help you but don’t send your money to some non lawyer company that swears it will get your loan modified. This area of the… (Read more)
FCRA lawsuit against Bank of America for false credit reporting
FCRA lawsuit against Bank of America for false credit reporting The FCRA (Fair Credit Reporting Act) prohibits false credit reporting of any type. We recently filed a case against Bank of America, Experian, and TransUnion (two of the major credit reporting agencies). You can read the facts below that were alleged in Federal Court but here is a summary. Our client was foreclosed on by Bank of America and there was no further debt owed. Several years after the foreclosure… (Read more)
“How can filing a chapter seven bankruptcy ‘after’ a foreclosure help me?”
“How can filing a chapter seven bankruptcy ‘after’ a foreclosure help me?” If you have been foreclosed, then a bankruptcy (any type) will not undo the foreclosure. But a chapter seven (7) bankruptcy can minimize any further damage to you. It is not always the right option but it can be a very smart move to make in the right circumstances. Let’s take a look at this situation. “I’ve been foreclosed, what other bad things can happen with my house… (Read more)
“Is bankruptcy a good option to stop an Alabama foreclosure?”
“Is bankruptcy a good option to stop an Alabama foreclosure?” Bankruptcy is an option — we’ll talk about whether it is a good option or not — to stop an Alabama foreclosure that has not yet happened and it is something to be considered. Let’s go through this together. First, a bankruptcy will only stop an Alabama foreclosure if the foreclosure has not yet happened. A bankruptcy can stop a foreclosure but it does not reverse a foreclosure. Sometimes we… (Read more)
Examples of wrongful foreclosure conduct in Alabama by mortgage companies
Examples of wrongful foreclosure conduct in Alabama by mortgage companies Mortgage companies, such as Bank of America, Chase, Deutsche Bank, Wells Fargo, etc., are commonly sued for illegal conduct. This happens whether it comes before, during or after a foreclosure in Alabama. Here are some examples which we will expand upon in later articles: Lying (fraud) about a specific foreclosure date being postponed or rescheduled (this violates Alabama law and also the Fair Debt Collection Practices Act when it applies);… (Read more)
How Does The FDCPA Apply To My Mortgage Company?
How Does The FDCPA Apply To My Mortgage Company? The FDCPA (Fair Debt Collection Practices Act) applies to debt collectors so most consumers, and most lawyers, think it does not apply to mortgage companies. After all, a mortgage company is not a debt collector, is it? It may be. Definition of a debt collector under the FDCPA A company that receives your debt from some other company and the moment it receives your debt, the debt is allegedly in default. … (Read more)
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?” There are dozens of these lawsuits filed by Sirote & Permutt on a weekly basis in Alabama against homeowners after a foreclosure. 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… (Read more)
Representing Yourself In A Wrongful Foreclosure Case and Facing Summary Judgment?
Representing Yourself In A Wrongful Foreclosure Case and Facing Summary Judgment? You have been foreclosed in Alabama and now you have been sued by the law firm of Sirote & Permutt or some similar firm in an “ejectment” lawsuit in a Circuit Court of Alabama. Suddenly the mortgage company files a “Motion for Summary Judgment” telling the court that there are no material issues of fact in dispute and the law is clear that the mortgage company should win. And… (Read more)
Alabama Foreclosure — What If I Am Not Sure I Want To Keep My House — What Are My Options?
Alabama Foreclosure — What If I Am Not Sure I Want To Keep My House — What Are My Options? This is a situation that is growing. You’re facing foreclosure on your Alabama home that is underwater (you owe more than it is worth) and you are not sure you want to keep your home. The time pressure of the foreclosure is growing on you and you are getting conflicting advice. What are your options? First Option — Let the… (Read more)
Alabama Foreclosure — Right of Redemption To Get Your Property Back
Alabama Foreclosure — Right of Redemption To Get Your Property Back In Alabama, your right of redemption is the right that you have, under certain circumstances, to redeem or buy back the property from the current owner. You normally need to move out within 10 days of the Alabama foreclosure (non judicial) sale to preserve this right to redeem and you also will have to pay the new owner back for the amount of the foreclosure sale and necessary improvements… (Read more)
Alabama Foreclosure — What is a Deed in Lieu of Foreclosure?
Alabama Foreclosure — What is a Deed in Lieu of Foreclosure? A deed in lieu of a foreclosure is one technique to avoid a foreclosure (non judicial foreclosure in Alabama.) It is where you give the deed back to the mortgage company instead of (in “lieu of”) the mortgage company foreclosing on you. Be careful about what the settlement language really says between the mortgage company and yourself. Especially if you’re interested in this approach. For example: Will you owe… (Read more)
Alabama Foreclosure — Four Critical Factors to Consider When Deciding Whether to Stay or Leave Your Home After a Foreclosure
Four Critical Factors to Consider When Deciding Whether to Stay or Leave Your Home After a Foreclosure After a foreclosure, you will think about whether you should stay in your home by fighting the mortgage company or whether you should leave. We suggest Alabama homeowners consider the following four factors in making this decision: Economics — does it make dollars and cents to stay? Do you have equity? Can you afford your home? Will you have the ability to redeem… (Read more)
Alabama Foreclosure: When And Where Will My Foreclosure Sale Be Held?
Alabama Foreclosure: When And Where Will My Foreclosure Sale Be Held? Alabama law requires that non judicial foreclosures must be held at the door to the main entrance of the court house (where the property is located) between 11 am and 4 pm. If the sale is not held at the proper place or at the proper time, then it is not effective. Make sure that the foreclosure is conducted properly. Alabama Code Section 35-10-14 states as follows: The power… (Read more)
Alabama Foreclosure: What Is A Judicial Foreclosure?
Alabama Foreclosure: What Is A Judicial Foreclosure? A judicial foreclosure is where the mortgage company files a lawsuit to have a judge declare that it is allowable for the mortgage company to foreclose against you. This is much different than the normal “non judicial foreclosure” that we have in Alabama. If you read about foreclosures in Florida or New York, you will most likely be reading about a judicial foreclosure. A judicial foreclosure takes much more time, normally, than a… (Read more)
Alabama Foreclosure: What Is Freddie Mac?
Alabama Foreclosure: What Is Freddie Mac? Freddie Mac is a name you will run into if you are facing foreclosure or you have been sued for an ejectment after a foreclosure in Alabama. The name in lawsuits in Alabama is “Federal Home Loan Mortgage Corporation.” However, other than in a lawsuit you will almost always see this company simply named “Freddie Mac.” So what does this company do? It buys up mortgages from companies. Companies such as Bank of America,… (Read more)
Alabama Foreclosure: What Is A Loan Modification?
Alabama Foreclosure: What Is A Loan Modification? A loan modification is simply where you and the mortgage company agree to make a change, or modify, the loan. This is often used to prevent a foreclosure and can also be part of the three requirements to settle a case after a foreclosure. A loan modification is a specific type of loss mitigation. Loss mitigation is a broad term that simply means ways to prevent the loss of your home through foreclosure. … (Read more)
Alabama Foreclosure: What Is My Mortgage?
Alabama Foreclosure: What Is My Mortgage? Your mortgage is simply the document that ties the debt, the note, to your property. It is what makes your loan a “secured” loan, not an unsecured loan. Your mortgage will list requirements that you must follow and that the mortgage company must follow. Here are some examples: When your payment is due The legal description of the property What happens if you don’t pay your house payment How a foreclosure will work What… (Read more)
Alabama Foreclosure: What Is A “Non Judicial” Foreclosure?
Alabama 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… (Read more)
Alabama Foreclosure: Can I Be Sued For A Deficiency After My Foreclosure?
Alabama Foreclosure: Can I Be Sued For A Deficiency After My Foreclosure? We talked about how a foreclosure can result in a deficiency which is where your house is sold for less than what you owe. It is possible, and in 2017 we are seeing this happen more and more. I know some people feel like this is illegal. This is not true in Alabama. It may be true in other states (for example California under some circumstances) but here… (Read more)
Foreclosure in Alabama — Is It Really Possible To Undo It/Set It Aside?
Foreclosure in Alabama — Is It Really Possible To Undo (Set Aside) it? If you have been foreclosed on in Alabama, you probably have received a lot of advice from people who mean well. One bit of advice, or maybe I should say a supposed “statement of fact” is that once it happens, it is impossible to “undo” the foreclosure or “set aside” the foreclosure. You will certainly hear this from the mortgage company. From the real estate agent who… (Read more)
Alabama Foreclosure: What is a Deficiency?
Alabama Foreclosure: What is a Deficiency? Let’s talk about this. A deficiency is the difference between what you owed on your home mortgage loan (plus all legal charges/fees) and what the property sold for at the foreclosure sale. For example, if you owed $200,000 and your house sold for $150,000, then you would have a $50,000 deficiency. What happens if you have a deficiency? If you have a deficiency, then you may face collection activities (calls, letters, credit reporting, etc),… (Read more)
Alabama Foreclosure: Settlement Release
Alabama Foreclosure: Settlement Release The settlement release is the final piece of the puzzle to settling a foreclosure case To settle an Alabama foreclosure case you normally will need a consent judgment to set aside the foreclosure (if the foreclosure has already happened), a loan modification agreement, and the settlement release. Let’s talk about the settlement release in a typical foreclosure case. The release will explain what the parties are going to do going forward. What you as the homeowner… (Read more)
Alabama Foreclosure: Loan Modification After A Foreclosure
Alabama Foreclosure: Loan Modification After A Foreclosure. Getting a loan modification after an Alabama foreclosure is one of the three essential documents you will need to resolve a wrongful foreclosure. You will also need a consent judgment to void the foreclosure (and foreclosure deed) and you will need a release that explains under what terms the lawsuit is being resolved. The loan modification is a document, normally just a few pages long, that explains the following: How much is the… (Read more)
Alabama Foreclosure: Consent Judgment To Void A Foreclosure
Alabama Foreclosure: Consent Judgment To Void A Foreclosure If you have been foreclosed on in Alabama, then it will normally be necessary to get a court order (from a State or Federal judge) that the foreclosure deed is void, and the mortgage and note are put back into place. Void means the foreclosure never happened. It is of no legal effect. This is different, in my judgment, than rescinding a foreclosure. You want to know that the foreclosure never happened.… (Read more)
Three Documents Needed To Resolve Lawsuit After A Foreclosure
Three Documents Needed To Resolve Lawsuit After A Foreclosure If you live in Alabama and have already been foreclosed upon, many questions may flood your mind. You may ask, “How do I undo the foreclosure and get back on with my life staying in my home?” You’ll need three documents to resolve the lawsuit. Normally the lawsuit is when the mortgage company (Bank of America, Chase, Wells Fargo, etc) or Fannie Mae or Freddie Mac have sued to eject (evict)… (Read more)
I’m Nervous About Giving A Deposition — Is This Normal?
“I’m Nervous About Giving A Deposition — Is This Normal?” Yes, it is normal to be concerned when your deposition has been scheduled. Let’s first talk about what a deposition is and then we’ll talk about what to do in one. If you are even thinking about one, it means you are in a lawsuit. Or you are about to be in a lawsuit. What is a deposition? A deposition is when you will be questioned by the lawyers on… (Read more)
Foreclosure Seminar Training For Alabama Lawyers By Stan Herring
UPDATE: This article is a bit out of date but might be of interest to you as to what was happening in 2010. My partner Stan Herring was asked to give a short overview of litigating Alabama foreclosure cases at the end of 2010. As lawyers we have to receive a certain number of hours and Stan and I have been asked on a number of occasions to train other lawyers locally and nationally on foreclosures and other consumer issues… (Read more)
They Laughed When He Said He Would Fight A Wrongful Foreclosure — They Aren’t Laughing Now…
They Laughed When He Said He Would Fight A Wrongful Foreclosure — They Aren’t Laughing Now… [Updated August 8, 2020] The mortgage companies think they are untouchable and they think they can do a foreclosure on you and then kick you out of your house even if they broke the law. These guys are wrong . . . if . . . you stand up and fight them . . . no matter what others say to you. “They” Laugh… (Read more)
Did The Debt Collector Or Foreclosure Law Firm Violate The FDCPA When It Sent You A Collection Letter?
Did The Debt Collector Or Foreclosure Law Firm Violate The FDCPA When It Sent You A Collection Letter? Debt collectors are strictly prohibited from lying or misrepresenting any fact under the Fair Debt Collection Practices Act (FDCPA). Unfortunately, we’re seeing more and more debt collectors, including foreclosure law firms, send out letters that violate the law. One of the more critical aspects of a debt collection letter is the identity of the creditor. The reason this is so important is… (Read more)
Are Alabama Consumer Lawyers Alchemists? Or “I know there is a pony somewhere!”
“Are Alabama Consumer Lawyers Alchemists?” Alabama consumers search for consumer lawyers because they have a problem that many have told them cannot be fixed — credit report error, sued by a debt collector, facing (or already have) a foreclosure, harassed by a debt collector, etc. The question is can a consumer lawyer really help you? Often the answer is “Yes!” Let me give you two illustrations not from the legal world and then some case studies about how this can… (Read more)
Sued For Ejectment After An Alabama Foreclosure? Find Out Your Rights….
Sued For Ejectment After An Alabama Foreclosure? Find Out Your Rights… You are here as you want to know more about what your options are if you are sued for ejectment (eviction) after your home was foreclosed in Alabama. The nearly hour and a half video above will answer a lot of questions for you. The article below does not duplicate the video but there is some overlap. If you want to save your home, then I suggest you watch… (Read more)
Unless You Received The Proper Notification, Your Alabama Foreclosure Is Illegal
Unless You Received The Proper Notification, Your Alabama Foreclosure Is Illegal. The Alabama Supreme Court does not often speak to foreclosure issues, but it did recently in Jackson v. Wells Fargo which clearly establishes certain rights you have and obligations of the mortgage company before it can foreclose on you. This is a very helpful opinion to Alabama homeowners who are facing foreclosure. For a number of years we have argued that the banks are not giving proper foreclosure as… (Read more)
What Does An Alabama Foreclosure Defense Lawyer Do Before A Foreclosure?
What Does An Alabama Foreclosure Defense Lawyer Do Before A Foreclosure? If you live in Alabama, and you are facing a foreclosure, then certainly you have been making efforts to stop the foreclosure. You’re also trying to learn about your options. Maybe you had a friend tell you, or you may have seen online about lawyers who are “foreclosure defense lawyers.” So what exactly is a foreclosure defense attorney and what can he or she do for you in Alabama?… (Read more)
Should I Hire A Foreclosure Defense Attorney Or Handle It Myself?
Should I Hire A Foreclosure Defense Attorney Or Handle It Myself? About half of our consumer practice is representing Alabama homeowners who are suing their mortgage company to stop a foreclosure. Or homeowners that are suing their mortgage company after a foreclosure. Unfortunately, we see many Alabama homeowners who have tried to handle their foreclosure issues on their own. They come to us after everything has fallen apart and they want us to help. There are legal issues that you… (Read more)
How Can You Help Me AFTER A Foreclosure – Everyone Says It Is Too Late!
How Can You Help Me AFTER A Foreclosure – Everyone Says It Is Too Late! A common scene in our office is to meet with Alabama homeowners who are literally depressed. They’re depressed over a mortgage company doing everything in its power to steal their home through a wrongful foreclosure. Typically, when this happens the homeowner will contact a family lawyer or a bankruptcy lawyer and the statement that is made uniformly is that after the foreclosure there is nothing… (Read more)
Should I Trust The Foreclosure Lawyer To Advise Me?
Should I Trust The Foreclosure Lawyer To Advise Me? Is The Foreclosure Lawyer My Friend? Is He Or She Looking Out For Me As A Homeowner? As we speak with and represent more and more Alabama consumers who are facing foreclosure we are running into a disturbing trend that we want to alert you to so you can not fall victim to this misunderstanding. The lawyer who represents the mortgage company or the servicer is NOT your friend. He does… (Read more)
What Is Wrongful Foreclosure In Alabama?
What Is Wrongful Foreclosure In Alabama? Introduction Foreclosures in Alabama are exploding. Approximately 800 per month just in the metro Birmingham, Alabama area. Drive through any neighborhood – expensive or not – and you will see foreclosure signs. Foreclosures are a huge problem for our state. We assume since you are reading this that you (or a friend or family member) are facing foreclosure and you want more information. We congratulate you on doing research to find out more information.… (Read more)
What Can I Do About A Mortgage Company That Lied To Me So They Could Steal My Home In Foreclosure?
What Can I Do About A Mortgage Company That Lied To Me So They Could Steal My Home In Foreclosure? If the mortgage company did this within the last two years, consider suing them for fraud. These mortgage companies act like they can defraud us and get away with it because they are big banks or because they have done this thousands of times to other consumers and have gotten away with it. But you don’t have to take it.… (Read more)
Why Did My Mortgage Company Lie To Me About Postponing My Alabama Foreclosure?
Why Did My Mortgage Company Lie To Me About Postponing My Alabama Foreclosure? Alabama consumers often wonder why mortgage companies will lie about postponing a foreclosure. We sue mortgage companies for doing this, and we have filed dozens of lawsuits dealing with this exact subject right now. The mortgage companies and their lawyers claim that there’s no reason for them to lie about postponing an Alabama foreclosure. I was recently presenting to a group of several hundred foreclosure defense lawyers… (Read more)
What Information Do I Need To Bring To A Meeting With An Alabama Foreclosure Defense Lawyer?
What Information Do I Need To Bring To A Meeting With An Alabama Foreclosure Defense Lawyer? When Alabama consumers come to see us there are a number of items we need to be able to review. We need to review these items in order to help fight against a wrongful foreclosure that is about to happen or that has already occurred. Gathering these documents will help us to be able to help you so bring all of these that you… (Read more)
Five Most Common Mistakes Alabama Consumers Make When Sued For Ejectment After Foreclosure
Five Most Common Mistakes Alabama Consumers Make When Sued For Ejectment After Foreclosure After an Alabama consumer has gone through a foreclosure, a demand will be made to leave the home within ten days. If you don’t leave your home, then the mortgage company will sue you in what is known as an “ejectment action” to eject or evict you from your home. Most Alabama consumers do nothing – and so the judge will rule against you and you will… (Read more)
First Mistake When Sued For Ejectment In Alabama After A Foreclosure
The First Mistake So Often Made By Alabama Consumers When Sued For Ejectment After Foreclosure This article will expand upon the first common mistake and it is taken from our book that describes the FIVE MOST COMMON MISTAKES ALABAMA CONSUMERS MAKE WHEN SUED FOR EJECTMENT. You can get a free copy by calling us at 205-879-2447 or letting us know through our online form. The first and most critical mistake is true of any type of lawsuit that is filed… (Read more)
Is The Foreclosure Lawyer My Friend?
Is The Foreclosure Lawyer My Friend? Is He Or She Looking Out For Me As A Homeowner? As we speak with and represent more and more Alabama consumers who are facing foreclosure we are running into a disturbing trend that we want to alert you to so you can not fall victim to this misunderstanding. The lawyer who represents the mortgage company or the servicer is NOT your friend. He does not represent you. She does not have your best… (Read more)
Stages of Foreclosures in Alabama
What are the three stages of a foreclosure in Alabama? Introduction Alabama is a non judicial foreclosure state which means that a foreclosure does not have to go through the court system. This is different from judicial foreclosure states such as Florida. (Important — you can sue your mortgage company before the actual foreclosure sale to turn it into a “judicial” type of foreclosure). So when someone in Alabama says they are “facing a foreclosure,” this can mean different things… (Read more)