“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 consumers believe that they can’t do anything once they have received a vacate notice or the ejectment lawsuit.

Here’s your situation.

You’re in a really bad spot,  but you’re not hopeless.

Let me repeat: it is NOT hopeless.

That doesn’t mean you’re safe though.

You have options.

Now, you’re fighting an uphill battle.

The mortgage company is suing you, or is about to sue you, for ejectment.

This is where they go to the judge and say. “We’ve foreclosed on this person, but now we want to sue to kick them out of their home.”

Well, they can’t make you leave until the judge signs an order saying that you have to leave.

Until the judge does that, you still have breathing room.

So, what should you do?

The first thing you can do to save your home is to keep up with your deadlines to respond.

You can’t miss any of them.

It’s crucial that, when you’re served with a lawsuit, you respond within the time limit that you’re given.

This is a real lawsuit you’re dealing with.

You should be served with a lawsuit in Circuit Court.

Occasionally we see lawyers do this bizarre thing where they intentionally file it in District Court, which is ridiculous because they know it’s wrong.

However, we can find ways to fix it when they do that.

If they follow the law, you have 30 days to respond to the lawsuit in Circuit Court.

Remember that deadline.

Respond within that time. 

Don’t miss that deadline.

If you miss the foreclosure deadline, there’s nothing you can do.

“How should I go about this?”

Well, you can do it on your own.

However, it’s incredibly difficult to maneuver on your own, and I’ve not seen anyone do it successfully on their own.

Or, you can hire an attorney that knows what they’re doing.

Why hire an attorney?

They can make sure that the proper laws are used to help save your home.

Either way, you need to make sure that Alabama law is used (in other words, did the mortgage company do everything correctly up until the foreclosure?), and that Federal laws such as the FDCPA (Fair Debt Collection Practices Act) and RESPA are being used to help your case.

There are many laws that can come into play to “rewind” a foreclosure.

If you have any questions…

Feel free to get in touch with us.

You reach us by phone at 1-205-879-2447.

Or, if you prefer, you can fill out a contact form and we will get in touch with you.

We will be glad to help you figure out your best course of action.

Thanks for reading, and have a great day!

-John G. Watts

PS — you are welcome to read our article (or watch our video) on the five mistakes that are often made when homeowners are sued for ejectment in Alabama.