Foreclosures

You have options to sue the mortgage company both before and after an illegal foreclosure.

“How do I stop a non judicial foreclosure in Alabama? I want a judge to look at this!”

Which way do you go when you are facing a foreclosure in Alabama? 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… (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. So when someone in Alabama says they are “facing a foreclosure,” this can mean different things because we really have three stages to a foreclosure. We have written this article to give you an overview of these three… (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?

File bankruptcy or something else to stop a 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… (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)