FIVE MOST COMMON MISTAKES ALABAMA CONSUMERS MAKE WHEN SUED FOR EJECTMENTAFTER FORECLOSUREAN OVERVIEW OF THE FIVE MOST COMMON MISTAKES ALABAMA CONSUMERS MAKE WHENSUED FOR EJECTMENT
After an Alabama consumer has gone through a foreclosure, a demand will be made to leave the home within ten days. If youdon't leave your home, then the mortgage company will sue you in what is known as an "ejectment action" to eject or evict youfrom your home.Most Alabama consumers do nothing - and so the judge will rule against you and you will lose your home.We have a book entitled "THE FIVE MISTAKES CONSUMERS MAKE WHEN FACING AN EJECTMENT LAWSUIT" thatfocuses in on the mistakes we see in Alabama. If you would like this book, at no charge, call us at 205-879-2447 orcontact usthrough this website.Here is an overview of the five mistakes:
Mistake #1: Not answering the lawsuit.
This is the most critical mistake. If we don't answer the lawsuit, we will lose. There is no other way to say it. Whether thecompany suing for ejectment is right or wrong, it doesn't matter. If we don't answer, we lose. You can read about thismistake of not answering the lawsuit here.The second mistake explains why people often don't answer.
Mistake #2: Assuming that nothing can be done after the foreclosure sale.
We'll talk for a moment about judicial versus non-judicial foreclosures. Here in Alabama, we have non-judicial foreclosures.Once the house is sold, many people wrongly assume there is nothing that can be done. That's why they don't answer thecomplaint.
Mistake #3: Assuming that the mortgage company (or whoever it was that foreclosed on the house) had the right toforeclose.
Some people call this "standing," and what is meant by this is that the company doing the foreclosing has to have the legal rightto do this. If they don't, then they lack the standing to foreclose and any foreclosure by this company will be a wrongfulforeclosure.
Mistake #4: Assuming that the foreclosure process was lawful and valid.
People think, "It happened, and they must have done it right." That's not always an accurate assumption.