Foreclosure Defense 3


Alabama Foreclosure Defense Attorney Judson E. Crump (251)272-9148

There are few things more frightening than a foreclosure notice.  But do not despair.  There is hope.  Even if you are behind on your payments, you still have rights.  Mortgage companies must strictly comply with the law in order to foreclose on you, and if they don’t, they cannot kick you out of your home.

The stuff of nightmares for a struggling homeowner.  We took this foreclosure case to court in Mobile County.

The stuff of nightmares for a struggling homeowner. We took this foreclosure case to court in Mobile County.

If they have treated you unfairly, you may have defenses to their foreclosure suit.  Just because they have long, confusing contracts and expensive lawyers in their employ doesn’t mean that the banks are always right.  Here are some things that mortgage companies occasionally do that may give you the right to take action against them:

  • Not promptly and accurately giving you credit for payments.
  • Not sending you regular statements that explain your debt and how they applied your previous payments.  See 12 CFR 1026.41.
  • Charging fees that are unreasonable, unnecessary, or not allowed by the loan contract.
  • Failing or refusing to respond to your inquiries about the account. See 12 CFR 1024.35.
  • Offering you a loan modification, then taking it back, or selling your loan to another company who magically forgets that the loan has been modified.
  • Agreeing not to foreclose while a loan modification is pending and foreclosing anyway.
  • Refusing to offer you a permanent modification after you have successfully completed a trial modification.  See Wigod v. Wells Fargo673 F.3d 547 (7th Cir. 2012) and this great article by the Texas Journal of Consumer Law.
  • Refusing to consider your request for a loan modification even after you have sent them the documents they need to process your application (as long as you sent your application at least 37 days before foreclosure date).  See 12 CFR 1024.41.

Any of these things can potentially give rise to a wrongful foreclosure.  I am attorney Judson E. Crump, and I can analyze your case to see if they even have the right to foreclose.  There may be ways to keep your home without filing bankruptcy.  Call me at 251.272.9148 today to find out.


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3 thoughts on “Foreclosure Defense

  • Jennifer Perkins Jones

    Hello Mr. Crump,

    I have been served with ejectment lawsuit paperwork. I plan on asking the court (through my answer) for mediation with the mortgage company. My question is, would that be appropriate? (I know I would be responsible for paying attorney fees.) Please let me know what you think.

    Thank you,

    Jennifer Perkins

    • Attorney Judson E Crump Post author

      Jennifer,

      I assume that you’re in Alabama. Mediation is something that a lot of courts like to encourage in foreclosure cases, but you don’t have a right to mediation. It depends a lot on the judge. Also, someone has to pay the mediator. They can be expensive. There are some programs for foreclosure mediation that pay the mediator’s fees.

      Asking for it won’t hurt. Just be prepared to go the litigation route if necessary.