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Alabama Foreclosure Questions & Answers
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... View 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... View 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... View 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 pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More

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