Q: Challenging foreclosure without prior default notice in Alabama
I have been owner-financing my home for 10 years in Alabama, and after catching up on missed payments, the lender sent me a certified letter of Acceleration of Debt/Foreclosure without any prior notice of default. The mortgage agreement states that the lender must provide a notice of default and allow time for correction before proceeding legally. I received the foreclosure notice on March 10, 2025, but never received any prior default notice over the 10 years. The attorney demands full mortgage payment by April 10, 2025, or foreclosure will proceed. What steps can I take to address this potential wrongful foreclosure?
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A:
First, review your mortgage agreement carefully to confirm the requirement for a notice of default and the time allowed to cure the default. The absence of a prior notice of default could be a critical issue, as it may violate the terms of your agreement. Gather any communication records you have had with the lender, including emails or letters, to see if they had ever indicated a default or missed payment.
Next, consider contacting the lender directly to discuss the situation and ask for a clear explanation of why they skipped the notice of default. You might also want to explore negotiating an alternative payment arrangement or asking for more time to prevent foreclosure. If the lender insists on proceeding, it may be helpful to consult with a lawyer who can help assess your legal options and whether the lack of notice can be used as a defense in foreclosure proceedings.
Finally, if you can't reach a resolution, you can challenge the foreclosure in court. A judge may rule that the lender did not follow the proper procedures, potentially halting the foreclosure. Be sure to act quickly, as the deadline for payment is looming.
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