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Alabama Foreclosure Laws: Process, Timeline and Your Rights

Alabama foreclosure rules: judicial or non-judicial, required notices, time frames, right to cure, redemption period, deficiency judgments, HOA liens and help for homeowners.

Quick answers for Alabama

Judicial or non-judicial
Non-judicial (power of sale) is provided for by statute. When a mortgage gives the lender a power to sell the land, that power is part of the security and can be used by whoever becomes entitled to the debt; Ala. Code §§ 35-10-1, 35-10-12, 35-10-14
Time frames set by law
The statutes reviewed require three successive weekly newspaper publications before the sale, and the sale must be held between 11 a.m. and 4 p.m. on the designated day. Ala. Code §§ 35-10-13, 35-10-14
Redemption after the sale
Yes. After a foreclosure sale, the debtor, mortgagor, their spouses, children, heirs and certain others may redeem within 180 days from the sale for residential property on which a homestead exemption was claimed in the tax year of the sale, or within one year for all other property. Ala. Code §§ 6-5-248, 6-5-251, 6-5-252, 6-5-253

Last verified: 2026-10-27

How foreclosure works

Judicial or non-judicialNon-judicial (power of sale) is provided for by statute. When a mortgage gives the lender a power to sell the land, that power is part of the security and can be used by whoever becomes entitled to the debt; the deed given to the buyer at the sale passes legal title. The sale is held at the courthouse door of the county where the land is located.
The statutes reviewed do not address judicial foreclosure or say which method is more common. Statute text was retrieved from the Alabama Legislature's official ALISON code database.
Source: Ala. Code §§ 35-10-1, 35-10-12, 35-10-14
Required noticesNotice of a power-of-sale foreclosure must be published once a week for three successive weeks in a newspaper published in the county where the land is located (in every county if the land is in more than one; in an adjoining county's newspaper if the county has none). The notice must state the time, place and terms of sale and describe the property.
Source: Ala. Code § 35-10-13
Time frames set by lawThe statutes reviewed require three successive weekly newspaper publications before the sale, and the sale must be held between 11 a.m. and 4 p.m. on the designated day. No other minimum period between default and sale was found in the sections reviewed.
Source: Ala. Code §§ 35-10-13, 35-10-14

After the sale

Redemption after the saleYes. After a foreclosure sale, the debtor, mortgagor, their spouses, children, heirs and certain others may redeem within 180 days from the sale for residential property on which a homestead exemption was claimed in the tax year of the sale, or within one year for all other property. To redeem, the person must pay the purchase price with interest plus lawful charges (such as permanent improvements, taxes, insurance and certain liens). A redeeming party may make a written demand for an itemized statement of charges, which the purchaser must provide within 10 days. The right to redeem is lost if the debtor or mortgagor fails to give up possession within 10 days after the purchaser's written demand.
Source: Ala. Code §§ 6-5-248, 6-5-251, 6-5-252, 6-5-253

HOAs, taxes and selling

HOA liens and foreclosureYes. A condominium association has a lien for assessments, fines and charges, which may be foreclosed like a mortgage (with reasonable advance notice to the owner and lienholders). Up to six months of regular assessments have priority over a first mortgage, and the lien is extinguished if enforcement does not begin within three years. A homeowners' association has a lien on lots for unpaid assessments; it must give the owner 30 days' certified-mail notice before recording a statement of lien (which must be recorded within 12 months), and can enforce the lien by court action, with the court ordering a sale after three weeks of published notice.
Source: Ala. Code §§ 35-8A-316, 35-20-12
Property tax salesLand sold for taxes to a private buyer may be redeemed within three years from the sale by the owner, heirs, a mortgagee or anyone with an interest; land bought by the state may be redeemed any time before title passes out of the state. A recorded mortgagee or lienholder also has one year from the buyer's written notice. To redeem from a private buyer, the redeeming party deposits with the probate judge the sale amount with 8% annual interest (and interest on part of any excess bid), taxes the buyer paid, and costs; for residential property, certain insurance and preservation-improvement costs must also be repaid.
Source: Ala. Code §§ 40-10-120, 40-10-122

Getting help

Free help for homeownersThe Alabama Housing Finance Authority (AHFA) directs homeowners to HUD-approved housing counseling agencies in Alabama, which can advise on defaults, foreclosures and credit issues; contact HUD at 1-800-569-4287 to find one.
Source: Alabama Housing Finance Authority, Homebuyer Resources

Foreclosure & Homeowner Law FAQ

Is Alabama a judicial or non-judicial foreclosure state?
Non-judicial (power of sale) is provided for by statute. When a mortgage gives the lender a power to sell the land, that power is part of the security and can be used by whoever becomes entitled to the debt; the deed given to the buyer at the sale passes legal title. The sale is held at the courthouse door of the county where the land is located.
What notice is required before a foreclosure sale in Alabama?
Notice of a power-of-sale foreclosure must be published once a week for three successive weeks in a newspaper published in the county where the land is located (in every county if the land is in more than one; in an adjoining county's newspaper if the county has none). The notice must state the time, place and terms of sale and describe the property.
How long does foreclosure take in Alabama?
The statutes reviewed require three successive weekly newspaper publications before the sale, and the sale must be held between 11 a.m. and 4 p.m. on the designated day. No other minimum period between default and sale was found in the sections reviewed.
Is there a right of redemption after foreclosure in Alabama?
Yes. After a foreclosure sale, the debtor, mortgagor, their spouses, children, heirs and certain others may redeem within 180 days from the sale for residential property on which a homestead exemption was claimed in the tax year of the sale, or within one year for all other property. To redeem, the person must pay the purchase price with interest plus lawful charges (such as permanent improvements, taxes, insurance and certain liens). A redeeming party may make a written demand for an itemized statement of charges, which the purchaser must provide within 10 days. The right to redeem is lost if the debtor or mortgagor fails to give up possession within 10 days after the purchaser's written demand.
Can an HOA foreclose on your home in Alabama?
Yes. A condominium association has a lien for assessments, fines and charges, which may be foreclosed like a mortgage (with reasonable advance notice to the owner and lienholders). Up to six months of regular assessments have priority over a first mortgage, and the lien is extinguished if enforcement does not begin within three years. A homeowners' association has a lien on lots for unpaid assessments; it must give the owner 30 days' certified-mail notice before recording a statement of lien (which must be recorded within 12 months), and can enforce the lien by court action, with the court ordering a sale after three weeks of published notice.
How do you get your home back after a tax sale in Alabama?
Land sold for taxes to a private buyer may be redeemed within three years from the sale by the owner, heirs, a mortgagee or anyone with an interest; land bought by the state may be redeemed any time before title passes out of the state. A recorded mortgagee or lienholder also has one year from the buyer's written notice. To redeem from a private buyer, the redeeming party deposits with the probate judge the sale amount with 8% annual interest (and interest on part of any excess bid), taxes the buyer paid, and costs; for residential property, certain insurance and preservation-improvement costs must also be repaid.
Where can homeowners get free foreclosure help in Alabama?
The Alabama Housing Finance Authority (AHFA) directs homeowners to HUD-approved housing counseling agencies in Alabama, which can advise on defaults, foreclosures and credit issues; contact HUD at 1-800-569-4287 to find one.

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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.