How Foreclosure Works in Alabama
Whether Alabama forecloses through the courts or by power of sale, the notices required, the time frames set by law, and how to catch up before the sale.
Short answer: 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
| 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; 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. |
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| Required notices | 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. Source: Ala. Code § 35-10-13 |
| 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. No other minimum period between default and sale was found in the sections reviewed. Source: Ala. Code §§ 35-10-13, 35-10-14 |
More Alabama foreclosure & homeowner law
- Redemption and Deficiency Judgments in Alabama
- HOA Liens and Foreclosure in Alabama
- Getting Your Home Back After a Tax Sale in Alabama
- All Alabama foreclosure & homeowner law rules
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.
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.