Alabama

Quick Facts

–  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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