Alabama Foreclosure Law Summary
Stop Alabama Foreclosure
Quick Facts
- Judicial Foreclosure Available: Yes
- Non-Judicial Foreclosure Available: Yes
- Primary Security Instruments: Deed of Trust, Mortgage
- Timeline: Varies by Process; Typically 30 - 60 days
- Right of Redemption: 12 months
- Deficiency Judgments Allowed: Yes
In Alabama, lenders may foreclose on deeds of trusts or mortgages
in default using either a judicial or non-judicial foreclosure process.
Judicial Foreclosure
The judicial process of foreclosure, which involves filing a lawsuit
to obtain a court order to foreclose, is used when no power of sale is present in
the mortgage or deed of trust. However, when no power of sale is present, lenders
may, at their option, choose to forego a lawsuit and foreclose by selling the property,
as outlined below in the "No Power of Sale Foreclosure Guidelines".
Non-Judicial Foreclosure
The non-judicial process of foreclosure is used when a power of
sale clause exists in a mortgage or deed of trust. A "power of sale" clause is the
clause in a deed of trust or mortgage, in which the borrower pre-authorizes the
sale of property to pay off the balance on a loan in the event of the their default.
In deeds of trust or mortgages where a power of sale exists, the power given to
the lender to sell the property may be executed by the lender or their representative.
Regulations for this type of foreclosure process are outlined below in the "Power
of Sale Foreclosure Guidelines".
Power of Sale Foreclosure
Guidelines
If the deed of trust or mortgage contains a power of sale clause
and specifies the time, place and terms of sale, then the specified procedure must
be followed. However, if the deed of trust or mortgage contains a power of sale
clause, but does not specify the time, place and terms of sale, then a foreclosure
sale may take place at the front or main door of the courthouse of the county where
the property located, after default of the deed of trust or mortgage, for cash to
the highest bidder. The sale may not take place until thirty (30) days after the
last notice of sale is published.
Said notice of sale must be given by publication once a week for four (4) successive
weeks in a newspaper published in the county or counties in which the property is
located. If the property is under mortgage in more than one county, the publication
is to be made in all counties where it is located. The notice of sale must give
the time, place and terms of said sale, together with a description of the property.
If no newspaper is published in the county where the lands are located, the notice
shall be placed in a newspaper published in an adjoining county for four (4) successive
weeks.
No Power of Sale Foreclosure
Guidelines
If no power of sale is contained in a mortgage or deed of trust,
the lender, or any assignee thereof, may, after default of the mortgage or deed
of trust, either file a lawsuit to foreclose or foreclose by selling the property
to the highest bidder for cash at the
courthouse door of the county where the property is situated.
Said sale may not take place until after notice of the time, place, terms and purpose
of the sale has been published for four (4) consecutive weeks in a newspaper published
in the county wherein said lands, or a portion thereof are situated.
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