MOBILE, Ala. - Shelters report more and more people are turning to them for help; people who have been evicted or lost their home to foreclosure. Meanwhile - the number of foreclosure fillings continues to rise. But all hope is not lost. Three words could help keep you in your home.
Many people are struggling to keep roofs over their heads in this tough economy. From evictions to foreclosure, the economy is taking a big bite out of the American dream. But there is hope, and three words could help homeowners facing foreclosure.
Mobile County Sheriff's Deputy Vince Edwards knows all about hard economic times. Every day, he comes face to face with people everyday who are down on their luck. You see, it's his job to make sure people follow eviction orders.
"The judge issues orders for me to do this, I don't have an option. I wish I did," said Deputy Edwards to one evictee.
To get to this point though takes time - it doesn't just happen overnight. You have to be months behind on your rent. It takes two months alone for the paperwork to get to Deputy Edward's desk.
On this day - a mother and her two small children are some of the people being evicted. Deputy Edwards gives the woman time to gather her children and a few things before workers move everything out. The mother of two tells FOX10 she lost her job and got behind on rent so her stuff ends up here.
Deputy Edwards said it's a tough job made worse when kids are involved.
"I worked 18 years as a cop until I started doing this, I thought I'd seen it all," said Edwards.
Property manager Mark Keith sees the economy's impact in one way or another every day. Whether its overseeing the eviction of tenants who aren't paying rent, to bidding on foreclosed homes.
"At the courthouse normally 20 to 30 a day, over the last six months risen to 100 a day," said Keith.
Keith and his brother buy foreclosed property.
Shelters are filing up with people like this young mother - as well as people who've lost their home to foreclosure. The Salvation Army said more people are turning to it for help. The Salvation Army bands together with other area service organizations to help out those in need. Making sure people have clothing, food and shelter.
Deborah Benton said the loss of a home is such a personally devastating event - and she should know. Benton herself was a victim of foreclosure. The veteran real estate agent was put out of business by the real estate slowdown following hurricane Katrina. But now, she's fighting back, by empowering others who find themselves in danger of losing their home.
"One thing you must be is proactive. Open the letters from the mortgage company, read what they say," said Benton, the president of Timeless, LLC.
Benton said losing her home to foreclosure was a year and a half of torture. She says she couldn't find help anywhere. She's since learned three words "Produce the Note" could have helped.
"You can show up when foreclosure is supposed to go through and demand to see the mortgage. You want the original and 99% of the time banks don't know where that is," added Benton.
The primary goal of asking the lender to produce the note is to delay the foreclosure and put pressure on the lender to negotiate. "Produce the Note" requires the lender to prove it has the actual authority to foreclose, by requiring it to officially produce the original promissory note in the lawsuit.
"The loans have been sold so many times, or they've got so much paperwork filed away somewhere, so it's kind of a stall tactic," said Benton.
"Produce the note" is easier to use in Florida - since it is a judicial foreclosure state - meaning the lender files a complaint in court. However, Alabama is a non-judicial foreclosure state. So to use the "Produce the note" strategy the homeowner has to file a lawsuit against the party trying to foreclose.
Following the loss of her home, Benton created a website, www.HomeownersCrisis.com , as a way to help others find the information they needed to avoid going through what she did.
"People need to know: there is hope," said Benton.
Losing the roof over your head - whether you own it or not - is a sure sign all kinds of folks are just trying to survive this economy.
Under a public awareness and education campaign created by the Alabama State Bar and Legal Services of Alabama, homeowners facing foreclosure can call a toll-free hotline (1-877-393-2333) and be connected with a legal aid attorney who will advise them about the various stages of the process and furnish free legal assistance.
State Bar President-elect Thomas J. Methvin of Montgomery (Beasley, Allen, Crow, Methvin, Portis & Miles, P.C.), who chairs the Mortgage Foreclosure Task Force said, "Help is available. Homeowners need to know there are options but the key to a successful outcome is early intervention and I can't stress that enough. If you are having a problem making your monthly payments and believe foreclosure is imminent you must act now."
For more information on "Produce
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