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Alabama Foreclosure Questions & Answers
1 Answer | Asked in Land Use & Zoning, Real Estate Law, Foreclosure and Entertainment / Sports for Alabama on
Q: Can you please explain this to me. So if I know where an abandoned house is. Do I need to file paper work and

Move in asap? If so what paperwork do I need to file. I've noticed a couple different forms that could be filed. I Know to change the locks. I need to know the right way to go about it so I don't get in trouble or go to jail for something I didn't understand.

Kevin M Ryan
Kevin M Ryan answered on Jan 19, 2019

Just because the house appears to be "abandoned" does not mean that there is not a legal owner. It may be owned by a bank, and in the process of foreclosure, probate or bankruptcy. You would need to contact the owner or the owner's legal representative in order to make an offer to purchase the... Read more »

1 Answer | Asked in Foreclosure for Alabama on
Q: Statue of limitations on property left behind after forced eviction from foreclosure. When is it considered abandonment

The neighbors were removed from the home and have left a mess in the yard with property that they did not take. How long do we as neighbors have to look at it before we can clean or bag it all up.

Kevin M Ryan
Kevin M Ryan answered on Aug 16, 2018

Go to the county revenue commissioner website and look up the owner of the property. The tax record should have a mailing address. You can send a letter to the owner to request that they clean up the property and if they do not act within a reasonable time, contact the Mayor's office in the city... Read more »

1 Answer | Asked in Foreclosure and Real Estate Law for Alabama on
Q: Reverse mortgage left on home that we were left in grandfather's will. They trying to auction property off. Please help

Are we liable for a line of credit loan on a HECM reverse mortgage loan that states NO REPAYMENT in contract. How are they trying to auction said property. Please help

Kevin M Ryan
Kevin M Ryan answered on May 6, 2018

The reverse mortgage lender has a security interest, or “lien,” on the real estate. You may be able to file a Ch 13 Bankruptcy case if you have an expectancy legal interest in the property as a legal heir. You would not be personally liable for the reverse mortgage if you simply surrendered... Read more »

1 Answer | Asked in Real Estate Law and Foreclosure for Alabama on
Q: What are my foreclosure rights re: owner financed home as owner. Can I reclaim and evict in Alabama

Selling home which I own outright. Need to know in event of default if I have a right to reclaim and evict in Alabama. Selling it at auction would not be an option. Can I hold the title until it's paid off? Doing my homework in advance. Thank you.

Kevin M Ryan
Kevin M Ryan answered on May 6, 2018

To answer the question you would need to disclose if this is an Alabama Contract for Deed or a Vendor Lien Deed, both of which would ( if drafted properly) set out your legal remedies in the event of “default,” which should also be defined in the document.

1 Answer | Asked in Foreclosure for Alabama on
Q: After a default payment on a mortgage, what is the statute of limitations to initiate a foreclosure proceeding?
Rafael Gil III
Rafael Gil III answered on Mar 7, 2018

Well there isn't a quote unquote "statute of limitations" to foreclose. Technically, once you have defaulted under the terms of the contract (i.e. loan), the mortgage company can start the foreclosure proceedings. Of course, they have to go through the legal process, which could take several... Read more »

1 Answer | Asked in Foreclosure, Energy, Oil and Gas and Consumer Law for Alabama on
Q: Can the power company shut off service for non payment at a different residence bc my brother used my name on the bill?

Brother used my name on his bill then skipped out of town. They are threatening to shut off my service now if I don't pay that debt by the end of the month

Rafael Gil III
Rafael Gil III answered on Mar 7, 2018

If I were you I would contact the Alabama Public Services Commission and file a complaint.

1 Answer | Asked in Banking, Real Estate Law, Foreclosure and Arbitration / Mediation Law for Alabama on
Q: If a bank foreclosed on my home, can the bank hold a friend of mine (who house sits for me) liable for the loan?

My friend owns her own home. She is not on my deed.

Rafael Gil III
Rafael Gil III answered on Mar 7, 2018

No, she cannot be held liable for the loan unless she executed a loan with her name on it.....your friend is safe!!

1 Answer | Asked in Foreclosure for Alabama on
Q: Can I legally take an a/c unit from a foreclosed home?

This was my mom's home with a reverse mortgage that was recently taken over by Fannie Mae. We are still in the process of removing our belongings. Hi

Hello

Rafael Gil III
Rafael Gil III answered on Mar 7, 2018

No you cannot, the a/c unit becomes a "fixture" and thus part of the home.

1 Answer | Asked in Foreclosure for Alabama on
Q: My mom's house was recently foreclosed on due to a reverse mortgage.We are in the process of removing our belongings

Can we legally take the a/c unit which we helped her purchase ($2000)

Thanks for your help

Rafael Gil III
Rafael Gil III answered on Mar 7, 2018

No.....once you purchase a central a/c unit it becomes a fixture and part of the house.

1 Answer | Asked in Foreclosure for Alabama on
Q: Can I Purchase a home 30 months out of foreclosure

We foreclosed in 2015 due to health and income issues now that we are back on our feet can we purchase a home now

Rafael Gil III
Rafael Gil III answered on Mar 7, 2018

That is a great question. The answer is that it depends. Really depends on the mortgage company, your income, your credit score, etc. I know that when you file for chapter 7 bankruptcy and wipe out the foreclosure, you can purchase a home after 2 years.

1 Answer | Asked in Foreclosure for Alabama on
Q: Grandmother passed and has a mortgage that is going into foreclosure what can i do to save it and stay in the home
Rafael Gil III
Rafael Gil III answered on Mar 7, 2018

You can try to cure the default by paying the arrears and foreclosure fees. If the grandchild is subject to inheriting the home and actually lives in the home, the grand child can file for chapter 13 bankruptcy to save the home.

1 Answer | Asked in Foreclosure for Alabama on
Q: What are the Foreclosure procedures on a property with a will and they are not making any payments since her death.

Property was left to two grandson and Will has not been probated. Mortgage company will not discussed with me, the daughter, citing Will not probated. Property located in Hayneville AL. BALANCE IS AROUND 24,000. Grandmother died July 18, 2017.

Rafael Gil III
Rafael Gil III answered on Mar 7, 2018

The mortgage still has to be paid. The mortgage company can still foreclose on the home if the estate does not make payments on it.

1 Answer | Asked in Foreclosure for Alabama on
Q: My husband passed away, Home was foreclosed... I was basically locked out illegally. I’m disabled and was at the doctor

Office. I had to go through some nasty people to be given 3 hours to remove what was left in the home. The home sold for $10,000 more than was owed. The bank refuses to talk to me. What is my recourse?

Rafael Gil III
Rafael Gil III answered on Mar 7, 2018

Is the home in your name or just your deceased husband's? I'm assuming they foreclosed some time ago and filed some sort of ejectment action against you and him because you did not get out of the home immediately. Unfortunately, the time for you to file for chapter 13 bankruptcy and save your... Read more »

1 Answer | Asked in Foreclosure for Alabama on
Q: A relatives home got repossessed in Ala. I had a car on the property. It is registered in my name. Can the bank take it?

I have the title to the car and it’s in my name.

Rafael Gil III
Rafael Gil III answered on Mar 6, 2018

No, the bank cannot take the vehicle in the foreclosure. They may file something in court with regards to an abandoned vehicle. But the foreclosure in and of itself will not give them the right to the car.

1 Answer | Asked in Bankruptcy and Foreclosure for Alabama on
Q: My husband and I personal guaranteed (up to $25,000) on our daughters personal residence mortgage. The bank foreclosed

on it and sold it for less than was owed. Our daughter filed bankruptcy. My husband died. And the bank says that I must pay the $25000 plus interest. (Eventhough they had assured me after his death that I would not owe it). Do I have to pay it?

Mark A. Baker
Mark A. Baker answered on Oct 20, 2017

Assuming that you have signed a personally guaranty of your daughter's mortgage loan, then it is likely that you have potential legal liability for the remaining deficiency following the foreclosure sale. However, in order for the mortgage lender to have the legal right to pursue you for that... Read more »

1 Answer | Asked in Foreclosure and Real Estate Law for Alabama on
Q: Grandmother passed and has a mortgage that is going into foreclosure what can i do to save it and stay in the home

Her daughter was supposed to be making payments on the house while she was sick and unable to, we recently found out she had not been doing so obviously. If I contact the mortgage company, is there a possibility that they will work an agreement out with me to pay the past due balance? I have the... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Sep 12, 2017

The short answer is that you have to pay the mortgage. You can't stay there and not pay. The mortgage company probably (if the mortgage is properly drafted) has a right to foreclose on the property and then get a foreclosure deed to the property without any Court proceeding. Then, you have 10 days... Read more »

1 Answer | Asked in Foreclosure for Alabama on
Q: I am in a foreclosure suit with Nationstar mortgage, just last week they were denied summary judgement based on forgery

my atty is advising that we just give the house back to Nationstar to settle all claims against the house. I don't feel comfortable as I feel he just doesn't want to fight for our home although we Nationstar hasn't been able to prove standing in 5 years. Do you have any advice?

Leonard R. Boyer
Leonard R. Boyer answered on Oct 25, 2015

No attorney here is going to second guess your current attorney. You need to trust your attorney and direct all your questions to the attorney. If you cannot work out your differences, after making a serious effort to do so, you do have the right to change attorneys. Good luck.

1 Answer | Asked in Foreclosure for Alabama on
Q: I just bought a forclosure home from the bank. The house is occupied. How do I get the people in there out?
Mr. James Parrish Coleman III
Mr. James Parrish Coleman III answered on Jul 30, 2015

You would bring an action in ejectment and have them ejected from the property. Of note here is that when a person's house is foreclosed on, they have a limited time to vacate the premises and, if they fail to do so, then they lose their right to redeem the foreclosure by paying what they owe... Read more »

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