Alabama Foreclosure Law

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-  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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Legal Information Is Not The Same as Legal Advice

This site provides information about foreclosure law designed to help users safely cope with their own legal needs. But legal information is not the same as legal advice. The application of law varies with an individual's specific circumstances.   The laws of every state are in constant change, and Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that our information, and your interpretation of it, is appropriate to your particular situation.

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  Dec 16, 2008 60 Minutes Reports on Mortgage Crisis Nov 11, 2008 New Legislation Aims to Prevent Foreclosure Scams in California I Short Sale, Inc, announces that the State of California has passed a new law to protect homeowners facing foreclosure from fraudulent exploitation. Nov 3, 2008 I Short Sale, Inc. to Host Educational 'Understanding the Dynamics of the Short Sale' Seminar for Realtors in the Southeast Homeowners, buyers and real estate industry professionals who want to learn more about the short sale process are invited to be a guest of Craig Long, LLC for a special event featuring Raffi Tal, Chief Operating Officer of I Short Sale, Inc. More News...

  
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