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Alabama Foreclosure Questions & Answers
2 Answers | Asked in Bankruptcy, Divorce, Foreclosure and Real Estate Law for Alabama on
Q: do i have to notify my ex-wife of a foreclosure notice i received for her house?

i got a divorce in 2015. my ex-wife got the house and land, she was to keep up all payments; taxes and insurance. i filed; individually; for ch.7 bankruptcy and it was discharged in 2019; including the mortgage.the mortgage company was given the discharge order. the property is in Alabama, and i... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 12, 2024

While a State divorce court can award property to just one spouse, it has no p0wer to remove the other signer of a Note and Mortgage.

Nor does a bankruptcy court, as perfected liens generally remain against a bankrupt's property. But the bankruptcy Discharge will block any...
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2 Answers | Asked in Foreclosure, Real Estate Law, Civil Rights and Probate for Alabama on
Q: What can I do if my property was foreclosed, I’m in the redemption period but the new owner is refusing to take payment
Paul  Burkett
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answered on Jul 11, 2024

You should hire an experienced Alabama attorney to navigate the process. I do not regularly handle these matters but have done so in the past.

The code of Alabama states as follows as to your comments:

"SECTION 6-5-252 DEMAND FOR STATEMENT OF DEBT AND LAWFUL CHARGES BY PERSON...
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2 Answers | Asked in Foreclosure, Real Estate Law, Civil Rights and Probate for Alabama on
Q: What can I do if my property was foreclosed, I’m in the redemption period but the new owner is refusing to take payment
James L. Arrasmith
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answered on Jun 29, 2024

If you're in the redemption period after a foreclosure and the new owner is refusing to accept your payment, you have several options:

1. Document everything: Keep detailed records of your attempts to make payments, including dates, times, and methods of contact.

2. Consult an...
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2 Answers | Asked in Probate, Foreclosure and Real Estate Law for Alabama on
Q: Mom passed, only one heir, resided in ˢᵀ.Martin Parish, owns home in Mont., AL, she passed in Htx, how to obtain probate

No spouse, no will, no other property in LA except vehicle. Resident of ˢᵀ. Martin Parish. I live in Atlanta. Also need ltrs of admin to stay foreclosure proceedings next week to sell home.

James Blount Griffin
James Blount Griffin
answered on Nov 15, 2023

I am not licensed in LA, so I cannot address the vehicle with any authority, though some states, such as Alabama, allow the transfer of a vehicle without the formal opening of an estate.

To lawfully transfer the Montgomery, AL real property, you would have to open an estate in the probate...
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2 Answers | Asked in Probate, Foreclosure and Real Estate Law for Alabama on
Q: Mom passed, only one heir, resided in ˢᵀ.Martin Parish, owns home in Mont., AL, she passed in Htx, how to obtain probate

No spouse, no will, no other property in LA except vehicle. Resident of ˢᵀ. Martin Parish. I live in Atlanta. Also need ltrs of admin to stay foreclosure proceedings next week to sell home.

Frank Truncali
Frank Truncali
answered on Nov 15, 2023

In order to transfer the title to the property in Montgomery, it would be necessary to open an estate in the Montgomery County Probate Court. The person who is handling the estate must be an Alabama resident. This would not address any property located in Louisiana, however. If a family member is... View More

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1 Answer | Asked in Foreclosure and Real Estate Law for Alabama on
Q: in alabama wife’s house is being foreclosed on, can husband purchase home from wife?
Anthony M. Avery
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answered on May 26, 2023

Wife can convey her title interest to her Husband anytime prior to foreclosure, but it is still subject to the secured mortgage debt. It would be another reason for the noteholder to foreclose.

1 Answer | Asked in Foreclosure, Land Use & Zoning and Real Estate Law for Alabama on
Q: I have an issues with foreclosure…I inherited the land but it has a mortgage from the previous land lord do I have to

Pay it ?Additionally I’m waiting for the title to the land

Anthony M. Avery
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answered on Dec 7, 2021

The mortgage note is not your obligation. But the mortgage secures the payment of the note against the land...If unpaid, then foreclosure occurs.

1 Answer | Asked in Bankruptcy and Foreclosure for Alabama on
Q: I have received my court order immediate surrender of manufactured home letter by mail. What is the next step?

We don't plan to take any action to stop it and plan to move out fast as we can but its happening slow so how much time do we have before the sheriff comes out after the immediate surrender letter?

Timothy Denison
Timothy Denison
answered on Oct 3, 2021

Varies greatly but probably 30 days, give or take.

1 Answer | Asked in Bankruptcy, Consumer Law and Foreclosure for Alabama on
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?

Timothy Denison
Timothy Denison
answered on Dec 18, 2020

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

1 Answer | Asked in Estate Planning, Foreclosure, Real Estate Law and Tax Law for Alabama on
Q: Owner of home died owing mortgage for a trailer that sits on my property can I claim it due to it being surveyed wrong

We recently discovered that a mobile home sits on the back corner of our property we found out the owner died owing a mortgage her family informed me that they knew it was on my property due to the survey being done incorrectly but never informed us of the error can the mortgage company be held... View More

Nina Whitehurst
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answered on Oct 19, 2020

There is too much missing information to answer your question. You should schedule a personal consultation with an attorney to review the entire situation.

For example, a mobile home is generally considered personal property. In that case, there is nothing to prevent a lender from taking...
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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... View 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... View 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... View 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... View 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.

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