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)
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?”
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)
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)
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?”
[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)