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

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)