Legal Question in Credit and Debt Law in Alabama

Alabama allows non-judicial and judicial foreclosure. The majority of foreclosures conducted in this state are non-judicial, which means the foreclosure is conducted without court over-site, but instead after publication of the sale after 3 consecutive weeks. If the sale is non-judicial there is no existing case and therefore no case exists for you wife to ask the court to dismiss. To initial a court challenge, your wife could file a petition with the Circuit Court to enjoin the foreclosure, which usually requires the posting of a bond. This would provide a provide a venue to challenge the foreclosure provided that the court enjoins the action before the sale is conducted. However, if the court does not enjoin the action before the foreclosure is complete the foreclosure sale can still take place, despite the filing of an action merely asking the court enjoin. The filing of a Chapter 13 would stay the foreclosure and provide a venue to challenge the foreclosure proceeding itself. There are many ways to challenge a non-judicial foreclosure, but it must be done in the appropriate legal manner and timely. Once the foreclosure is conducted, the hurdles to undo a foreclosure are hard to overcome.