Foreclosures

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

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)