Can I still save my home after a foreclosure sale has occurred? What happens after Foreclosure in Alabama?The answer to this question is yes, you may be able to save your home after a foreclosure sale has taken place. However, a homeowner should take immediate action when faced with any economic hardship by contacting your mortgage servicer to seek relief. Options to avoid foreclosure while maintaining ownership of your home are collectively referred to as loss mitigation and include – forbearances, loan modifications, principal reductions and refinancing. But what if you are unable to successfully negotiate with your lender or mortgage servicer and your home is sold in foreclosure. What can you do?

In Alabama a mortgage servicer may sale a homeowner’s home by either judicial foreclosure or non-judicial foreclosure. Judicial foreclosures are processed through the courts whereas non-judicial foreclosures are conducted largely outside the purview of the court. From a practical stand point most if not all foreclosures conducted in Alabama are by way of non-judicial foreclosure. However, even after your home has been sold in foreclosure, Alabama law requires the purchaser of your home, in most instances the mortgage servicer, to file a complaint in the appropriate jurisdiction. The complaint should verify the existence of the debt, and why the mortgage servicer is entitled to dispossess or eject you from your home. The homeowner will be served notice of the complaint and will have the opportunity to be heard before the Alabama court in. At this time, many homeowners feel defeated and think there are no remaining options. Many homeowners believe they should simply give up - move out of their home and surrender possession. However, if you have been subjected to predatory lending, faulty or fraudulent foreclosure practices, or other abusive mortgage servicing practices a court of equity may decide to rescind or set aside the foreclosure sale – effectively granting you the right to remain in your home. If you’re an Alabama homeowner facing foreclosure or an ejectment action, you should seek legal advice from a competent foreclosure defense attorney immediately to determine your rights and to assess the options available to protect your home. 

The tug of war has been started between the State and Federal governments on implementation of immigration law in Alabama, whereas 16 other countries have decided to file the amicus brief with the court to slash the law as well. On the other side, Alabama lawmakers on Friday filed a response to groups seeking a preliminary injunction against the controversial Alabama immigration law that expands restrictions on undocumented immigrants. Before we get the scores of this super bowl, administratively, ICE has adopted the parallel approach to capture Criminal illegal immigrants to pave the way for Congress to achieve bipartisan support to pass the CIR. It might be good news for some illegal immigrants who don’t have any criminal violations, as they may not become the target of ICE raids, per an internal ICE memo. Most of the small business owners in Birmingham and Huntsville area are very much concerned about the legislation and want their representatives, not to uphold the law. Majority of special interest groups and religious organizations in Birmingham and Montgomery have recorded their protest with governor’s office.

As Americans for Legal Immigration (ALIPAC) has recently reported that US immigration officials launched Secure Communities in 2008, after piloting it in Boston and expanding in more than 40 states, enabling local law enforcement to share fingerprints of suspects arrested with federal immigration officials. The goal is to detain and deport illegal immigrants, particularly those who are violent or dangerous.

AFL-CIO, the American Federation of Labor and Congress of Industrial Organizations, is the largest federation of unions in the U.S., with 56 national and international unions and a membership of over 11 million workers. The union federation believes that the current U.S. immigration policy is a “blueprint for employer manipulation and abuse, and both immigrant and American workers are suffering the consequences.”

The AFL-CIO has stated that it continues to support immigration reform; the organization’s executive council issued a statement reaffirming the leading union’s support for comprehensive immigration reform. In the official statement, AFL-CIO reaffirmed that it believes an enforcement-only policy of immigration management is not enough and comprehensive immigration reform is needed.

The general consensus in two metropolitan areas, Birmingham and Montgomery is dithering about the enforcement of law, whereas, all immigrant population perceives the legislation as blank check to enforcement officials for Terry stop searches and seizures. A terry stop is a detention of a person by police or enforcement official on reasonable suspicion of involvement in criminal activity. In the context of immigration law, because there is no need for probable cause, almost any one can be stopped or even detained based on a belief that the person may be an undocumented alien. (see Terry v. Ohio, 392 U.S. 1 1968). Such a policy is unconstitutional, un-American, and could have substantial chilling effects on tourism and the larger economy as a whole.

Zeb Memon.

Foreclosure in Alabama – Non-Judicial – Power of Sale Foreclosure

Delinquency occurs – usually the result of an unanticipated expense or reduction in income and sometimes both. In any event, it is always best to contact your mortgage servicer as soon as you have even the smallest inclination that an economic hardship may impede your ability to make your mortgage payments. See “Things to remember when contacting my mortgage servicer” for more information on the process of negotiating a loan modification or other loss mitigation options with your mortgage servicer.

After the delinquency has a occurred and prior to declaring default the servicer will send what is known as the Notice of intent to accelerate. This notice is simply stating that the servicer demands full payment on the loan by accelerating the monthly payments and seeking one lump sum to satisfy the entire indebtedness. The notice will also state that the failure to provide the full payment demanded will result in a foreclosure sale Foreclosure Sale Date Set

Publication 3 Consecutive Weeks

Foreclosure Occurs

10 Days to Vacate or Right of Redemption Waived – Most cases not practical meaning

Servicer must file a complaint with the court seeking ejectment or possession of your home even after the foreclosure sale has occurred.

The Alabama homeowner will be notified by a process server or certified mail. The homeowner should receive a summons stating the date and time of a hearing on the complaint along with a copy of the complaint seeking ejectment.

The homeowner will have thirty days from the day of receiving the summons and complaint to respond with an answer and counterclaim. 

It can be said that there is a generally held idea among legislators and ‘decision-makers’ that college graduates may be more likely than most to abuse the bankruptcy system. I say this because the standard for discharging student loans is higher or more difficult than the standard employed to discharge most other unsecured debts. Avoiding student loans through bankruptcy poses a difficult challenge, but it is not impossible.  To discharge or avoid full repayment of your student loans in bankruptcy, you must prove to the court that payment of the debt “will impose an undue hardship on you and your dependents.”Of course there is no one size fits all standard that will work in every jurisdiction but the general standard usually requires that repayment of the debt tends to cause an unreasonable or unjust economic burden on you and your family. However common factors or questions considered by the Court include: (1) whether the debtor can or cannot maintain, based on current income and expenses, a “minimal” standard of living for the debtor and the debtor’s dependents if forced to repay the student loans; (2) what additional circumstances exist indicating that this state of affairs is likely to persist for a significant portion of the repayment period of the student loans; and (3) has the debtor made good faith efforts to repay the loans? The applicability of these factors may vary. As a practical matter other factors for consideration include: Are you employed in your field of study? What is the average salary in this field? How does this salary relate to your current and long-term expenses? Is your alma mater an accredited institution of higher learning? If not, when did the institution lose its accreditation? The foregoing list is not comprehensive but it is insightful to the types of factors a court will consider in assessing whether an undue hardship exists. If a court finds that repayment of your student loan causes an undue hardship, your student loan will be completely canceled. Keep in mind that although it is not impossible to discharge your student loans in bankruptcy the task is not simple and in most cases you will seek to restructure or repay an arrearage on the student loan debt rather than simply wiping out the debt altogether. Additionally, there are many factors to consider when making the decision about filing bankruptcy and as such you should seek advice from a qualified legal professional before making a decision to file. 

“ I am receiving debt calls at 2 a.m. in the morning.  I need help.”

That is what I’ve heard someone say about receiving creditor phone calls.  My first thought is they can’t do that.  Vulcan Legal Group’s Atty. Monique Okoye says, “That is against fair debt collection practices.  We can legally act on those type of disturbances.” Often times, once a debtor submits their info on harassing phone calls to an attorney, they can walk away with a settlement without ever going to court.  Many people who recently have fallen on hard times are not aware of their rights.  Vulcan Legal Group’s Atty. Richard Rice says, “Every state has a fair debt collection practice act (FDCPA), and everyone should become familiar with their state’s laws.”  With that knowledge in hand, you can prepare a statement submitting your information to an attorney who can act on your behalf.  Look for the phone calls to decrease, but not cease.  You would have to explore other avenues like different types of bankruptcies if you want to discharge the debt. 

Financial Advisors also say scammers are making calls to people, hoping to scare them into giving their credit card or checking account information over the phone to make a bill payment.  CNN’s Clark Howard advises one clear sign of a possible scammer is when they call you outside of your state’s FDCPA.  Attorneys advise if you suspect a scam, you can file a report with the police and the Alabama Attorney General’s office.  You can also report bogus debt collection to the Federal Trade Commission.  If you would to receive legal counsel about harassing debt calls contact a law office like Vulcan Legal Group that specializes in Fair Debt Collection Practice. 

Emily Ingram

It is not the first time that players of politics are trying to win tug of war on immigration issue, while spectators are eager to watch its aftermath. Immigration bills have been on congress’s plate since the inception of filibuster motions (A filibuster in the United States Senate usually refers to any dilatory or obstructive tactics used to prevent a measure from being brought to a vote).

Representative Luis V. Gutierrez (D-IL) had introduced a bill in 2009 called Comprehensive Immigration Reform (CIR), this piece of legislation is pro-family, pro-jobs and pro-security.

This bill was drafted to keep families together provided the borders must be secured first.  It keeps people working by attracting substantial foreign investment to boost the economy.  It gives a pathway to citizenship conditioned that immigrants must learn English, pay taxes and contributes to their communities. Under the most current figures there are an estimated 11.2 million illegal immigrants in the United States.

The bone of contention in this bill is the amnesty provision that envisage “The Earned Legalization Program for the Undocumented.”  This new legislation will provide a six year conditional nonimmigrant or immigrant visa to those who are out of status or entered the US without inspection.  It will waive the bars to legal status under the current law, provide work authorization and travel authorization along with protection from removal.

Following are the key features and requirements of the bill for eligibility of the benefits that an Alien must:

·         “Establish presence in the U.S. on the day of introduction, and continuously thereafter

·         At time of registration, attests to contributions to the U.S. through employment, education, military service, or other volunteer/community service (with exemptions for minors, persons with disabilities, the elderly, or other unusual circumstances)

·         Complete criminal and security background checks

·         Pay a $500 fine plus necessary application fees (fine exemption for children and certain immigrants who initially entered the U.S. before the age of 16)

·         The individual shall be ineligible to receive a visa as a result of a serious criminal conviction, persecution of another person or reasonable grounds for believing that the alien committed a particularly serious crime abroad

·         There is a penalty of up to five years’ imprisonment for anyone who willfully falsifies information in an application for conditional nonimmigrant status.”

Conditional non-immigrants will also qualify to apply for permanent residency and later US citizenship.

President Obama has previously indicated that Comprehensive Immigration Reform is priority  on his agenda. In recent State of the Union address he again asserted his firm will to fix the broken immigration system and asked Congress for cooperation.

Since the bill is hanged in the balance due to many political reasons as majority of Public representatives have own axe to grind, pleasing their constituents due to reservations over immigration policies.

Due to delay in revival of immigration system many States started to pass customized immigration bills. Alabama’s immigration law is the toughest one with stringent measures which went into effect on September 30th when Judge Blackburn allowed State to enforce the law, however 11th circuit later suspended some of the provisions of the bill, currently bill is its full effect with the following clauses:

H.B. 56 § 12(a), which requires a law enforcement officer to make a reasonable attempt, when practicable, to determine the citizenship and immigration status of a person stopped, detained or arrested when reasonable suspicion exists that the person is an alien who is unlawfully present in the United States.

H.B. 56 § 18, which amends Ala. Code 32-6-9 to include a provision that if a person is arrested for driving without a license, and the officer is unable to determine that the person has a valid driver’s license, the person must be transported to the nearest magistrate; a reasonable effort shall be made to determine the citizenship of the driver, and if found to be unlawfully present in the United States the driver shall be detained until prosecution or until handed over to federal immigration authorities.

H.B. 56 § 27, which bars Alabama courts from enforcing a contract to which a person who is unlawfully present in the United States is a party. This section does not apply to contracts for lodging for one night, contracts for the purchase of food, contracts for medical services, or contracts for transportation for an alien to return to his or her country of origin.

H.B. 56 § 30, which makes it a felony for an alien not lawfully present in the United States to enter into a “business transaction” with the State of Alabama or any political subdivision thereof.

While the bill is fully enforced in Alabama, the most recent study conducted by University of Alabama has revealed:

“The cost-benefit analysis by University of Alabama economist Samuel Addy estimated up to 80,000 jobs were vacated by illegal immigrants fleeing the crackdown, costing Alabama's economy up to $10.8 billion. The lost jobs also cost Alabama up to $264.5 million in lost state sales and income taxes, and as much as $93.1 million in lost city and county sales taxes. The study added in the costs of healthcare and social services to undocumented people that would be saved. However, it found these savings to be negligible when compared to the increased costs of law enforcement and businesses that now have to run checks on citizenship.”

State Representative Patricia Todd, a Birmingham Democrats said: "It is hypocritical for 'no tax and spend' Republicans to pass something like this that sucks money right out of the general fund when we are cutting funding by 25 percent," said state Representative Patricia Todd, a Birmingham Democrat.

Todd claims that $9 million has already been spent on litigation to defend the new law, a figure received from the legislative fiscal office.

United States Supreme court is likely to rule on Arizona immigration law this summer and it is the high time for the court to decide the fate of broken immigration system that may reduce the encounter between federal and State government.

Prepared and edited by: Zeb Memon.

    Bankruptcy. It's not a bad word.  But, the word alone causes most people to grimace or shift in their shoes.  That reaction may come because of the negative comments heard in previous conversations about bankruptcy.  And that is where the problems begin.  Bankruptcy is an option many people from rich to poor...young and old may have to consider.  It doesn't mean you are a failure.  It can be your opportunity for a fresh start.  Many bankruptcy filers are able to keep all their stuff.  Of course, no two cases are identical and each case is different.  And if you are facing financial or economic hardship, it's up to you to find the best method that will help resolve your financial strain.

  I've read some blogs when a person wrote it's one of the worst things to have to go through.  My first thought was...that bad, huh?  But I've seen professional men breeze through the process at Vulcan Legal Group.  And there are others that may have to go to court more than expected because additional documents are requested. One Financial Analyst said sometimes you don't need to file bankruptcy.  Maybe you need to get an extra job or sell your car.  Shocking.  What if one family's car value is upside down.  Or it's the only car.  How about it's a single parent household and a extra job will require EXTRA daycare expenses, gas, strain and stress from doing it all.  You get the point.    

     The best thing you can do if you are experiencing financial hardship is to take action quickly. Do not allow the stress of making ends meet paralyze you. Make an appointment with a qualified legal advisor today.  Most will give you a free office visit to discuss your case and your options.  You should ask questions about all of your concerns. If your finances are overwhelming and you don't have a way out - Seek professional advice.   Change your bad financial situation into a better one today. 

Emily Ingram

The horrific events cause during the April 27th tornadoes changed the lives of many Americans, especially Alabamans.  A record breaking number of 62 tornadoes swept thru the state of Alabama destroying and disheveling lives.  Three months later, many storm victims are still struggling to recover.  Vulcan Legal Group has assisted homeowners who don't have any where to turn.  Attorney Richard Rice says " Due to hardship some people were experiencing before April 27th, those circumstances are forcing them to try to to attempt to move forward without assistance from FEMA or insurance.  But there is help... there's hope." 

     American Public Radio reports that 65,000 Alabamans filed claims after the tornadoes.  Risk Management Solutions says the Southeast storm damage insured loss could add up to six billion dollars.  Nearly 70 percent going to the hardest hit state, Alabama.  But for a small group of homeowners facing foreclosure during that time and received damage to their home they may be stuck in limbo. Can't get FEMA assistance and still fighting with their insurance company.  And that is the moment when obtaining legal counsel should be considered.  Attorney Monique Okoye says "We have written letters for clients who are in that limbo status. One homeowner affected by the storms expressed just trying to find her mortgage to pre register her kids for school was overwhelming at first.  But after meeting with school officials everything worked out with the registration process. "  If you are still struggling with debt, foreclosure and other economic hardships from the storm or even prior to the storm the worst thing you can do is nothing.  Attorneys advise seek legal counsel.  Many lawyers will waive your fees for your initial consult. 

Emily Ingram

Office Manager/PR Specialist

Vulcan Legal Group

“YOU GET A FREE HOUSE!” I am not quoting Oprah.  I am telling you instances I have witnessed with my own two eyes and ears.  If you’re facing a legal issue with your mortgage provider, your goal should NOT be to get a free house.  We should all be diligent in paying for what we choose to purchase.  But what if the free home is the result of righting a legal wrong?  The result of your circumstances, when aligned up in a specific way, could result in mortgage freedom.

I am a big skeptic.  Huge.  Before working at a law firm, the idea of someone getting a free home was complete nonsense to me.  So imagine my shock to learn that banks often extend an olive branch to settle legal disputes; leaving the homeowner to simply pick up the deed and pay the associated fees. I could not believe my mind!  For most cases, I was more shocked and excited than the homeowner.   For real!!! (Better said from the mouth of my six year old.)  

Let me be clear.  Getting a free home is rare, and it certainly doesn’t happen with every case.  In most cases, righting a legal wrong could mean clearing the red mark off your credit report, paying your attorney fees, keeping your house, and maybe additional money for your savings.  But YES, the mortgage is still there—and YES, you should resume your payments (please!).   

By the time a homeowner makes the decision to hire an attorney, they generally expect to be mortgage free by the end of the case.  It means that you’re going for the kill.  You’ll teach them a lesson. Right? Well, a Judge may decide that the lesson will be a slap on the hand and a good old-fashioned “shame on you” to the bank. But that doesn’t necessarily mean you’ll get a free home.  Look at it this way: fighting and winning the battle to keep your home.  That’s a win!

The Alabama legislative session has concluded, but tension between Republicans and Democrats are as high as ever.  Democratic leadership said this was the worst session in decades; while Republicans leaders praised it as being one of the most productive.

Political parties will often disagree. In fact, disagreement is an integral part of our political process because it signals that various viewpoints are being communicated. But we have a serious problem when political, policy, and personal disagreements become so insurmountable that elected officials are no longer able to reach some level of compromise on major political issues.

When Democrats lost control of the state House and Senate in 2010 after 136 years of power, it signaled a major shift in Alabama’s political climate. But now, both parties have had a chance at bat, and both parties have ‘arguably’ struck-out. Many Alabamians now view party labels as misnomers, and no one truly knows what either political party stands for anymore.

So what’s the root of the problem?

Power has become the dominating motivator in Montgomery, and as a result, the concept of a “balanced” government is nonexistent in Alabama. But I have a crazy theory. This isn’t a party issue at all. This is actually a gender issue.  Right now, women make up less than 12% of the Alabama legislature—and it shows.

Men have controlled the state legislature since…forever. Our state continues to be plagued by the same problems—poor education systems, low literacy rates, high obesity, and racial tensions—and we still hold our place at the bottom of every national list measuring the progress of our country. We’ve seen everything from physical fights on the House floor to grimy back-room political tactics.

The Alabama Legislature is in desperate need of a paradigm shift.  The struggle for power must be balanced with compassionate governance.  We need elected officials who understand the basic needs of Alabamians, and who are willing to work with their colleagues to meet those needs. Our best hope for change in Montgomery is for Democrats and Republicans to recruit more women to run for statewide office.

Research shows that at the federal level, electing more women to office improves cooperativeness and coalition building amongst elected officials. Additionally, Congresswomen cosponsor about 26 more bills per Congress than congressmen. Women also garner co-sponsorship support from a greater number of their peers, which suggests that women have stronger networks of collaboration with their colleagues than congressmen.

We have a great example of how female leaders collaborate in U.S. Representatives Terri Sewell (AL-D) and Martha Roby (AL-R). These congresswomen represent neighboring congressional districts in central Alabama. They recently co-sponsored a bill that created a website to preserve testimonies of congressional members about their contributions to the civil rights movement. Even though Congresswoman Sewell is a Democrat and Congresswoman Roby is a Republican, the two women were able to find some common ground for the good of Alabama.

We need that same attitude in Montgomery—intelligent and compassionate leadership. It is up to the citizens of Alabama to identify and recruit qualified and capable female leaders to run for office. Let’s turn the State House into a Home by electing more women to office. And if we work hard enough, perhaps one day we’ll see a woman in the Governor’s mansion too.

*This article previously ran in the Birmingham Times