Summary of Alabama's Foreclosure Laws

Related Ads

Need Professional Help? Talk to a Lawyer

Enter Your Zip Code to Connect with a Lawyer Serving Your Area

searchbox small

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

Most common type of foreclosure process

Nonjudicial under a power of sale in a mortgage

Time to respond

Foreclosing party must publish notice in a newspaper of general circulation for three consecutive weeks before the sale; no requirement that the homeowner be served by mail.

Reinstatement of loan before sale

Not available (except as required by the terms of the mortgage)

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

If the service member dies while deployed overseas, the lender must wait at least 180 days before starting a foreclosure against the surviving spouse or the service member’s estate provided that the surviving spouse or the estate notifies the lender and asks for a delay. Ala. Code §§ 35-10-70 to 35-10-71.

Deficiency judgments

May be obtained by filing a lawsuit.

Cash exempted in bankruptcy

$300

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 6-5-257

Talk to a Lawyer

Start here to find foreclosure lawyers near you.
HOW IT WORKS
how it works 1
Briefly tell us about your case
how it works 2
Provide your contact information
how it works 1
Connect with local attorneys
LA-NOLO4:DRU.1.6.3.6.20141124.29342