Foreclosures

You have options to sue the mortgage company both before and after an illegal foreclosure.  The federal law RESPA is very powerful in stopping foreclosures but there are strict time limits.  Make sure you take immediate action if you want to save your home but beware of scams, especially out of state companies and out of state lawfirms that claim to be able to help you in Alabama.  All we have seen are scams so do your due diligence before you hire anyone.  We have a wealth of information (videos and articles) to get you started here.  Best wishes!  John Watts

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)