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What Happens After the Mortgage Lender Forecloses on my Property?

Serving Families Throughout Mobile

If you are title owner of the property in question, the lender, also known as the Lienholder, who successfully sold the property at a foreclosure sale would not be filing an "eviction" civil action against you. Instead, what would be filed is what is called an ejectment. The ejectment lawsuit must first be preceded by a written notice served upon you to vacate the property.

Once the notice is served, your right to redeem the property under Alabama law is terminated. The statutory notice period for the initial written notice to vacate the property is 10 days. At the expiration of 10 days, the lienholder can then file the ejectment action in Circuit Court, where the property is located. The Complaint can be served by being posted to the front door of the property, handed to the former title owner, by Certified U.S. Mail, or any other legal means of service. Service of the Complaint by the County Sheriff's Office is often the most common.

Once served, you have 30 days to file an answer. After the 30-day answer period, the lienholder can file a request for entry of default judgment. Once the judgment is entered, the county sheriff can assist the lienholder's authorized agent with physically evicting your property from the real estate.

Contact Our Baldwin County Bankruptcy Attorney Today

At Ryan Legal Services, Inc, we understand financial issues are some of the most complex, as well as some of the most worrying. This is why we seek to resolve your concerns as best as we possibly can, because your success and satisfaction are our Baldwin County bankruptcy lawyer’s ultimate priority.

To schedule an initial consultation with a member of our trusted team, please don’t hesitate to contact us by calling (251) 241-5234.

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