Higdon, AL asked in Bankruptcy, Consumer Law and Foreclosure for Alabama

Q: How can I stop forclosure if the bank has charged me over state limit on interest?

I borrowed 48,000 16 yrs ago the 1st 6 yrs was 11.25% after modification it was still 8.9 alabama max is 8. I still owe 41,000 and I've already pd approx 83,000 and they still want to forclose what are my options?

1 Lawyer Answer
Timothy Denison
Timothy Denison
  • Bankruptcy Lawyer
  • Louisville, KY

A: Plead the usury and fraud in the foreclosure action against you as affirmative defenses and file a counterclaim for overpayment.

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