Inherited property and who can sign
Family relationship alone does not establish signing authority. Use the actual deed, probate record, and any applicable estate papers to identify who can act. Escambia County lists Probate service in Atmore and Brewton; its Record Room handles real property records. For an estate-specific question, ask the Probate Office or an attorney to review the documents.
Read the Atmore inherited-property guide →
Mortgage foreclosure and Alabama deadlines
Can you still sell your Alabama house in foreclosure? Often, yes, if you close before the foreclosure sale.
A mortgage with a power of sale lets the lender foreclose without a court case. The sale notice generally must run once a week for three successive weeks in a newspaper in the county, or an adjoining county if none is published there. Check the actual notice and sale date; an agreement to sell does not itself change a legal deadline.
After the sale, Alabama gives certain people a limited right to buy the house back, called redemption. For residential property with a homestead exemption claimed in the year of sale, the usual period is 180 days for a mortgage signed on or after January 1, 2016. Other property and older mortgages generally have a one-year period. For qualifying homestead property, missing required notice can change when the redemption clock starts, but it cannot extend redemption beyond one year after foreclosure.
Redeeming means paying the sale price, interest, and lawful charges, which can include improvements, taxes, and insurance. If the purchaser also owns the mortgage debt, the remaining debt and interest can be due too. A debtor or mortgagor still in possession must leave within 10 days after the purchaser's written demand or risk losing redemption rights. Redemption is not extra time to stay in the house.
Ala. Code § 35-10-12, power-of-sale foreclosure · § 35-10-13, sale notice · § 6-5-248, redemption periods and notice · § 6-5-248.1, older mortgages · § 6-5-251, possession after written demand · § 6-5-253, redemption amount.
Alabama deed tax and closing costs
Alabama charges deed tax when the deed is recorded with the county Probate Judge. The rate is 50 cents for each $500 of taxable value, or any part of $500. With no applicable mortgage-tax deduction, a $100,000 sale owes $100 and a $100,200 sale owes $100.50. Taxable value may be reduced by a mortgage or vendor's lien on which Alabama mortgage tax has been paid; the closing attorney confirms the amount. The deed needs proof of the actual price or value. Without proof, the Probate Office uses the latest tax assessment, and penalties can apply. Tax and recording fees must be paid before recording. Some deeds are exempt, including certain nominal-price deeds that only correct title.
When you sell to us, we pay the closing costs, including Alabama's deed tax. Your mortgage, liens, back taxes and share of current property taxes are separate.
Alabama Code § 40-22-1, deed tax and exemptions · Alabama Department of Revenue, Recordation Tax