Johnson & Freedman, LLC is a member of the Fannie Mae Retained Attorney Network* and a full service law firm primarily serving the financial services industry. We represent this industry in mortgage foreclosure, bankruptcy, litigation, closings, eviction, replevin, commercial litigation, collections and general real estate issues. The firm provides legal services throughout Alabama*, Florida, Georgia*, Mississippi, North Carolina*, South Carolina*, Tennessee* and Virginia. Learn more

Recent Alabama Court Decisions on Eviction / Ejectment Procedures

REOMAC® Newsletter Sept/Oct 2009 | N. John Rudd, Jr., Esq.

One common issue facing the post-foreclosure market for investors and lending institutions is the seemingly interminable process of preparing the foreclosed property for sale.  The first step, obviously, is to have the current occupants and their personal property removed from the property.  In Alabama, this process is initiated with the filing of a Complaint in Ejectment, with the ultimate goal being the eviction of the occupant.  Although Alabama is a non-judicial foreclosure state, the judicial requirements for eviction follow a more substantive process, complete with personal service, a thirty day answer period, and affirmative counter-actions by the prior borrower.  Several recent decisions from Alabama have clarified the correct process that must be followed in order to validly start and complete the eviction process...Full Story

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