If I lose my home to foreclosure in Alabama, can I get it back?

If you lose your home to foreclosure in Alabama, you have one year to redeem (repurchase) it.

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Question

I lost my job a while ago and then fell behind in mortgage payments for my home in Alabama. The house is now in foreclosure. I’m wondering, if I end up losing my home to a foreclosure sale, is there any way for me to get it back afterwards?

Answer

Yes. In Alabama you can repurchase or “redeem” your home after losing it to foreclosure within one year from the sale date. To do this, you’ll have to reimburse the person (or other entity) who bought it at the foreclosure sale for the full purchase price, the cost of any improvements made to the property, interest, insurance, taxes, and some other items.

You Have One Year to Redeem After Foreclosure in Alabama

In Alabama, you have one year to redeem your home after a foreclosure sale (Ala. Code § 6-5-248(b)). If you don’t redeem the home within this time frame (called the redemption period), your right to redeem expires. Then you don’t get any further opportunities to get the home back. (Learn more general information about the right of redemption.)

Losing the right to redeem. After purchasing the home at the foreclosure sale, the purchaser can demand that you vacate the property. You lose the right to redeem if you do not move out of the home within ten days after the purchaser gives you a written demand for possession (Ala. Code § 6-5-251).

How Much You'll Have to Pay to Get Your Home Back

In order to redeem, you must reimburse the purchaser (the person or entity who bought it at the foreclosure sale) for the full price paid at the sale, plus all other lawful charges such as:

  • interest
  • the value of any permanent improvements the purchaser made to the property since the sale (though if you disagree with the purchaser’s valuation of the improvements, Alabama law permits you to dispute the amount)
  • taxes the purchaser paid or that were assessed
  • all insurance premiums the purchaser paid, and
  • the amount of any other valid lien the purchaser paid off (Ala. Code § 6-5-253).

How to Redeem Your Home

To redeem the house, you must make a written demand to the purchaser, asking for a statement of charges. Within ten days after you make the demand, the purchaser must provide you with an itemized statement of the amounts you must pay to redeem the home (Ala. Code § 6-5-252).

If the purchaser does not provide the statement to you within ten days, he or she loses the right to compensation for any improvements he or she made to the property since the foreclosure sale (Ala. Code § 6-5-252).

What to Do if You Redeem, But the Purchaser Won’t Give Up the Property

Once you have paid the appropriate amount to redeem within the one-year redemption period, the purchaser must give the property back to you. If the purchaser fails or refuses to sign the appropriate documents to give the property back, you can file a lawsuit to enforce your right of redemption (Ala. Code § 6-5-255).

What Happens to Foreclosed Liens If You Redeem Your Alabama Home?

A foreclosure eliminates all junior liens on the property, such as a second mortgage or a judgment lien. (Learn more about what happens to junior liens in a foreclosure in Nolo’s article What Happens to Liens and Second Mortgages in Foreclosure?)

If you redeem the property, any liens that were on the property prior to the foreclosure (but extinguished by the foreclosure) are revived. This means that these liens will reattach to the property -- excluding, of course, the foreclosed mortgage (Ala. Code § 6-5-248(d)).

If Possible, Don’t Wait Until After the Foreclosure to Save Your Home

Even though Alabama law gives you time after the foreclosure sale to reclaim your home, in most cases, it is better to take action before the foreclosure sale. This way you have more options to save the property. For example, you could:

Keep in mind that you’ll need to act quickly if you want to save your home prior to the sale since the foreclosure process in Alabama is relatively short. (To learn more about foreclosure laws and procedures in Alabama, visit Nolo’s Alabama Foreclosure Law Center.)

Finding Alabama’s Redemption Laws

To find the statutes governing your right to redeem the home after a foreclosure in Alabama, go to Title 6, Chapter 5, Article 14A of the Alabama Code.

by: , Contributing Editor

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