Summary of Alabama's Foreclosure Laws

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.

Topic	State Rule
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