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FORECLOSURE- Do we have ANY rights as the homeowner, in ALABAMA?

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Alabama=Screwed

Junior Member
Do as Ozark advised go to the mortgage company with a stack of papers and present your case. Ask if they will add the missed payment to the back of the loan. Ask if they will take the regular payments and a percentage of the deliquent payments each month until you are cuaght up.
First, THANK YOU lcannister for the helpful info and website on
Alabama law, I do appreciate it.

I spoke with a supervisor at the bank. At first she kept telling me
to talk to the attorneys, but then warmed up a little and said my
only option to save my home would be to add the missed payments
into the loan, and increase our payments to pay them in 12 months.
She figured up how much it would increase our payments. The
payments would be more than doubled and far above the amount I
receive from Social Security each month, making it an impossibility.
She said adding the missed payments to the end of the loan was
not a possibility.

So it sounds like you potentially have 18 months of backpay (2 years less 6 month).
Unless he gets a whole lot of SSDI lump sum for the back payments, he's going to find it pretty difficult to redeem the property. His credit is hosed.
Yes Ron, you're right. Back payments will be less than 25k, and at
this point, seems it will be no help at all.

IF you were conned report it to the FBI. In my experience there are some real unethical people out here in the mortgage file but I also see that Predatory is usually screamed at the top of the persons lungs when they suddenly aren't living up to THEIR obligation such as payments!
As soon as I realized what had happened,(zero missed or
late payments) I filed a complaint with the bank, listing over
a dozen wrong doings, in hopes they would correct them.

They strung us along until, unknown to me at the time, the
time to bring action passed. (STILL zero missed and only 2
late payments)Then they began saying: "We are unwilling to
discuss..."

At that point, I talked to three different attorneys,
which is how I found out, eventho I had a case, the time to bring
action had passed and there was nothing I could do. I even filed
a complaint with the state AG, who told me to contact an
attorney!

I even posted my case to THIS FORUM, and which seems
to be so typical here, (having seen it happen so many times)
INSTANTLY, MY character, integrity, and truthfulness, was brought
into question and was told, in so many words, I, MYSELF, was the
"Bad Guy". That was about four years ago.(Still no missed payments)
until November of 2006 when I became disabled.

The bank put
us into the "Loss Mitigation Program". After missing six
payments I began getting SSDI checks and resumed making
timely payments month after month until the bank said we
could no longer be in the program. At which point, after receiving
my payment for April of this year, the bank informed me they
received my check but since it was not for the full amount of
the six missed payments, it was insufficient to post to my
account and would be returned to me. Which they did. As
well as May's. We got the Foreclosure notice, the first of June.

IF you were conned report it to the FBI.
Can I still do that, six years later? Would their investigation
stop or delay the foreclosure?
I don't know why I even asked that! You're not going to
give me an answer!

-------------------------------------------- 0 -----------------------
@@@@@@@@@@@@@@@@@@@@@@@@@@@

* * * @ @ PLEASE ! ! I've answered ALL of YOUR questions,
over and over, which have NOTHING TO DO WITH THE
QUESTIONS I ASKED.

Won't someone, ANYONE, PLEASE, answer MINE!!!???

**** P L E A S E !! -- ANSWER JUST A FEW!!
-OR- EVEN O N E!

I'M RUNNING OUT OF TIME!!!
 


seniorjudge

Senior Member
Please edit your very first post and take out that danged long line so we don't have to scroll around to read your posts.

Then I will answer your questions.
 

lcannister

Senior Member
Can I still do that, six years later? Would their investigation
stop or delay the foreclosure?

At least in this post you have not outlined the wrong doings of the bank so no one can answer the question as to if there has even been any FRAUD.

Sorry but the bank wanting payments on the loan, the bank making you a legal loan (regardless of how you think of it when things get rough), the bank giving you an alternative loan that can and later does lose many people their homes (interest only, adjustable mortgage, etc) and you agreeing then because you want the home so much you will sell your soul to the devil to get it (you being generic here and not just "you") are not fraud.

I suspect, as usual, you did not like the responses you got way back when and that is why your attitude is such as it is.

Read OZark's post again 2 weeks will get you nothing. They offered you the 12 month repayment and truly if you can not divide the arrearages by 12 and repay that for a few months until you get the lump sum so you do not lose the home then perhaps it is time you realize you can not afford this home anyway.

No one is trying to be mean and nasty to you but there are no more answers that you can get here that will be any more specific because none of us have all your paperwork, all your conversations etc. that we can go over with a fine tooth comb.

At this point I do not even know if you can get a BK filed in time to stop the foreclosure process but you could call a BK Atty YESTERDAY and discuss the option.

Good Luck!

And please do away with the state crap in your first post so we can read the post!
 

lcannister

Senior Member
Won't someone, ANYONE, PLEASE, answer MINE!!!???

**** P L E A S E !! -- ANSWER JUST A FEW!!
-OR- EVEN O N E!

Your questions HAVE been answered and you do not like the answers, NO ONE can be more specific without viewing your paperwork etc.
 

lcannister

Senior Member
I went back to read your prior post and again you will not fix the state info so one has to scroll so I did not read it all but I do see why you did not like those replies either.

Question, why in hades are you within 2 weeks of foreclosure getting this concerned and yelling at us (that is what all caps comes down too)? Those posts were over a year ago for you have not tried to worked this out someway.

Guess BK won't work as you already took that route a couple of years ago. I have tons of questions on why the house was not included and if it was how you got all out of line again but since I will not read that darned scrolling crap you may have already addressed it.
 

Alabama=Screwed

Junior Member
I went back to read your prior post and again you will not fix the state info so one has to scroll
I'm sorry. I don't how to do that.

Please edit your very first post and take out that danged long line so we don't have to scroll around to read your posts.

Then I will answer your questions.
Again, I don't how to do that, but I will ask my questions again
now that I see I must hit "ENTER" well before reaching what seems to be
the edge of the "page".

My use of caps was not intended to represent yelling, but to draw the
attention of someone who might answer my questions.

Your questions HAVE been answered and you do not like the answers,
I must have missed those answers, if you could point out where I
can find answers to the following questions, I will go back and read them.

Then again, at this point, the only one that really matters, since all the others
are based on getting an affirmitive answer to it, is:

Q: Are there any circumstances whereby the law allows a homeowner
the right to dispute a foreclosure and tell their side of the circumstances
surrounding it, before the lender is allowed to foreclose?


Or is it actually as it seems:
Bank lobbist have been able to have laws made whereby
any and every American citizen is "Guilty" if unable to make up missed
payments by any or whatever means of the banks choosing. Which is to say
there is absolutely no circumstances or reason of any kind, regardless
of it's nature, including evidence of a crime, that any citizen could present,
in his defense, that could ever make any foreclosure, a wrongful act.
Thereby taking away his right to speak in his own defense.
 

>Charlotte<

Lurker
Alabama, click on "User CP" up there on the left, and then click "Edit Signature".

Then erase that long line about "I'm embarrased to say Alabama...etc." It's breaking the table and making your posts a pain to read.

Edit: Sorry, I just noticed I said "Edit Signature". It's not under Signature, it's under
Profile. Click "Edit Profile" and erase the "Location" field.
 
Last edited:

lcannister

Senior Member
Q: Are there any circumstances whereby the law allows a homeowner
the right to dispute a foreclosure and tell their side of the circumstances
surrounding it, before the lender is allowed to foreclose?

As stated previously, 2 times now, go to the hearing.

This is my final post on this issue, you need an Atty, you needed an Atty many many many months ago back when you first started posting this in May (maybe even before) LAST year. If you can not afford an Atty you could try legal services but it seems way to late now.

Without an Atty you have lost your home, with one you have most likely lost your home find some place to live. Not being a snot just want you to face reality. You continue to blame everyone else but somewhere along the line you signed a myriad of documents, we do not know what those docs say or what you agreed too. You keep saying there were 4 or 5 TIL docs but perhaps those were present for the different scenarios discussed with you.

Good luck in finding a new home soon. Time to let go unless you can put out a lot of money and even then at this late date I double you have many options.
 

lcannister

Senior Member
What hearing?! I haven't been informed of a hearing.

I must have seen someone ask if they should go to the foreclosure hearing in a different post. However, you will be summons to court for a foreclosure hearing and depending on your state different things will happen. But bottom line unless you can present beyond any doubt, documented proof accompanied by a letter from the FBI stating fraud you will waste your breath telling a Judge you were forced to sign ANY of the documents you did.

After this hearing, USUALLY and in my area the notice to sell the property will go in the local papers (legal notices) and a date will be set for the sell, again in my area this is typically 3 or so months. Within this period you can still redeem the property by paying the back payments and Atty fees. Once the property is sold you will have to vacate.

Last post to clarify the foreclosure hearing stuff!
 

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