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Fighting for the Fair Treatment of the Alabama Consumer
Our firm focuses on protecting the rights of individuals in Alabama who have been wronged or injured by banks, mortgage companies, credit card companies and other types of corporations. By filing individual or class action lawsuits, we protect consumers using many of the available consumer protection statutes such as the Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA)and Truth In Lending Act (TILA). Recently, most of our attention has focused on some of the large mortgage companies such as Bank of America, Wells Fargo and Chase concerning wrongful foreclosure claims. Our firm fights for consumers rights against large corporations when they take advantage of consumers. We also file Chapter 7 and 13 bankruptcy for Alabamians and look to protect consumers from mortgage and credit abuses.
We are currently reviewing cases of mortgage fraud involving loan modifications made under the Home Affordable Modification Program (HAMP), or any other type of modification with mortgage companies such as Bank of America, Wells Fargo and Chase. If you believe you your home should not have been foreclosed, and you are a victim of the actions by the mortgage company, please contact us immediately to discuss your options.
If you are having mortgage or credit problems, or need to stop a foreclosure or file bankruptcy, please call us for a free consultation 1-251-432-9212 or 1-251-990-5558 or email us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it. .
If you are facing a foreclosure please call immediately as we can help save your home. Know your rights under the foreclosure laws of Alabama and the Bankruptcy code. We have filed lawsuits on behalf of homeowners just like you to stop the foreclosure. We can save your home and recover monetary damages for you based on the wrongful actions of your lender or loan servicing company. If your home has already been foreclosed, you have rights. You can continue living in your home and fight the mortgage company while we litigate the wrongful foreclosure claim in court. Also, we will review your financial situation and and determine if filing a Chapter 7 or Chapter 13 is the better option for you.
Today, numerous mortgage companies such as Bank of America, Wells Fargo, Citi or Chase often make mistakes. It is not unusual for mortgage companies to lose payments or fail to properly apply payments, or for some other reason falsely accuse the borrower of defaulting on the mortgage. Mortgage companies also sometimes fail to give the required notice to the borrower prior to the foreclosure. Additionally, with the loan modifications that have developed for behind borrowers over the past couple of years, many times the borrower is informed a pending foreclosure is cancelled while the modificaiton process is going through its finalization. However, many times the foreclosure still takes place and the borrower is left with a foreclosed home and no modificaiton. Finally, because of the confusion that often exists regarding the ownership of a mortgage, a foreclosure can be performed by the wrong company.
Conducting a foreclosure sale without complying the legal requirements is considered under Alabama law to be a “wrongful foreclosure.” Alabama law allows a borrower to bring suit for wrongful foreclosure. The consumer may recover damages and may be able to set aside the foreclosure sale. Conducting a wrongful foreclosure sale may also constituted a violation of federal law.
In Alabama the foreclosure process begins when the foreclosure notice is first published in the newspaper. Beginning this procedure when there is no right to foreclose can also be “wrongful foreclosure.” This means that consumers may have a claim for wrongful foreclosure, or other claims, even when the foreclosure sale has not occurred or was ultimately cancelled.
The law also allows a consumer to go into court, before a foreclosure sale, and ask the court to "enjoin" (i.e. stop) the foreclosure sale. The borrower will have to present evidence that the foreclosure is illegal. Although success of this challenge will depend on the particulars of the case and the judge's discretion, where successful, this can be a valuable alternative to filing bankruptcy. The key is to act quickly so that your lawyer will have a time to pursue option. This point is so important, it bears repeating - see below.
Read more: What Happens When a Mortgage Company Wrongfully Forecloses
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Legal Disclaimer:
This site is intended for Alabama residents only. No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers. This website is for general information only. All information presented on this website should not be construed to be formal legal advice nor the formation of an attorney-client relationship. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. We are a debt relief agency. We help people file for bankruptcy relief under the U.S. Bankruptcy Code.