If you are facing foreclosure in Alabama, it’s important to understand some of the basics, including:
- the most common type of foreclosure procedure (judicial v. nonjudicial) used in Alabama
- how much time you have to respond
- your rights and protections in the process, and
- what happens afterwards (for example, whether you’ll be liable for a deficiency judgment).
Below we have outlined some of the most important features of Alabama foreclosure law. Keep in mind that this is just a summary; we’ve included statute citations so you can get more details from the laws themselves. And be sure to check out Nolo’s extensive Foreclosure section, where you can find information about all aspects of foreclosure, definitions of foreclosure terms (like redemption and reinstatement), and options to avoid foreclosure.
|Common type of foreclosure process||Nonjudicial: under a power of sale in a deed of trust|
|Time to respond||Foreclosing party must publish notice in a newspaper of general circulation for four consecutive weeks; no requirement that the homeowner be served by mail.|
|Reinstatement of loan before sale||No|
|Redemption after sale||Available for one year after foreclosure if the property is surrendered to the buyer within ten days after a written demand is made.|
|Special protections for foreclosures involving high-cost mortgages||None|
|Special state protections for service members||Ala. Code §§ 31-12-1 to 31-12-10|
|Deficiency judgments||May be obtained by filing a lawsuit.|
|Cash exempted in bankruptcy||None|
|Notice to leave after house is sold||Entitled to a written ten-day notice to leave before eviction proceedings may be brought.|
|Foreclosure statutes||Ala. Code §§ 35-10-1 to 35-10-30, 6-5-247 to 6-5-256|