Alabama mortgage foreclosure
A mortgage with a power-of-sale clause 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 in an adjoining county if none is published there. Check the actual notice and sale date; this general rule does not tell you the date for a particular house.
After the sale, certain people may have 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 period starts, but it cannot extend beyond one year after foreclosure.
Redemption 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 may 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.
Read the Alabama rules in 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, and §6-5-253, redemption amount. Use your own notice and records for the property-specific date and status.
