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Alabama Foreclosure Laws

Alabama Foreclosure Laws

Attorney General's Office

State House
Montgomery, AL 36103
Ph: (205) 242-7300
Fax:(205) 242-2885

Foreclosure Laws in Alaska

Judicial Foreclosure: Yes
Non-Judicial Foreclosure: Yes
Security Instruments: Mortgage
Right of Redemption: Non-Judicial Foreclosure Only
Deficiency Judgments: Judicial Foreclosure Only
Time Frame: 7 Months
Public Notice: Notice of Default

Foreclosure Laws in Alabama

Judicial Foreclosure: Yes (Rare)
Non-Judicial Foreclosure: Yes
Security Instruments: Mortgage / Trust Deed
Right of Redemption: Judicial Only. 12 Months
Deficiency Judgments: Allowed
Time Frame: 30-60 Days
Public Notice: Publication

Judicial foreclosure: In the absence of a power of sale clause in the loan document, a lender may sue the borrower to obtain a court order to foreclose and sell the property. However, in Alabama, a lender may, even in the absence of power of sale, publish a notice of sale for four consecutive weeks in a newspaper published in the county, and then sell the property at the door of the courthouse of the county in which the property is located.

Non-judicial foreclosure: Pursued when a power of sale clause is present in the loan document. If the clause contains instructions as to the time, place, and terms of sale, that procedure must be followed. If not, a notice of sale must be published weekly for four consecutive weeks in a newspaper published in the county in which the property is located. If no newspaper is published in the subject county, the notice shall be published in a newspaper in an adjoining county.

The sale: May not be held until 30 days from the last date of publication, and shall be held between the hours of 11:00 AM and 4:00 PM at the courthouse door as a public auction for cash to the highest bidder.

Right of redemption : The owner has 12 months in which to redeem the property. Deficiency judgments are permitted.