- Who sends it
- The buyer at the foreclosure sale, often the lender, or someone acting for it
- What it starts
- 10 days to give up possession, or you forfeit your right of redemption
- Do this first
- Mark day 10 on a calendar and decide today, with legal aid, whether you plan to redeem
What this document is in Alabama
Ala. Code § 6-5-251(a) says the debtor or mortgagor, and anyone living there under them, must deliver possession to the buyer within 10 days after a written demand for possession. Under § 6-5-251(c), failing to do so forfeits the right of redemption.
What it does and does not mean
- It is not a court order. The buyer cannot change the locks or remove you on its own because of this letter.
- Staying past 10 days does cost you something real: your redemption right under Alabama law.
- If you stay, the buyer can file a court action to recover possession, and you would be served and have a chance to respond (Ala. Code § 6-6-280).
- If you rent the home to a tenant, the buyer must give you written notice and you must tell the tenant to deliver possession or recognize the buyer as landlord if the lease is older than the mortgage (Ala. Code § 6-5-251(b)).
How to count the 10 days
- Leave out the day you received the demand and count the next 10 days, including weekends (Ala. Code § 1-1-4).
- If day 10 is a Sunday or a legal holiday, it moves to the next working day.
- Keep the envelope and write down the day it arrived. If it was handed to you, note who gave it to you.
What to do this week
- If you want to redeem, plan to move out within 10 days to protect that right, then pursue redemption.
- Send the buyer a written demand for a statement of lawful charges so you know what redemption costs.
- If you cannot redeem, ask the buyer for a move-out date or relocation help in writing.
- Call Legal Services Alabama at 866-456-4995, and read after a foreclosure sale in Alabama.
The rest of the Alabama process
See how foreclosure works in Alabama, the timeline, ways to stop it and free help in Alabama, or read the national guide to this letter.
Common questions
What happens if I stay more than 10 days after an Alabama demand for possession?
You forfeit your right of redemption (Ala. Code § 6-5-251(c)), and the buyer can file a court case to recover possession. Only a court can order you removed.
Do weekends count in the Alabama 10 days?
Yes. Alabama leaves out the first day and counts the last. Only a last day that falls on a Sunday or legal holiday moves to the next working day (Ala. Code § 1-1-4).
I rent from the former owner in Alabama. Does this apply to me?
The buyer must give written notice to the debtor or mortgagor, who must tell the tenant to deliver possession or recognize the buyer as landlord if the lease is older than the mortgage. If the owner cannot be found, notice to the tenant is enough and the tenant has 10 days (Ala. Code § 6-5-251(b)).
Other Alabama letters
- Notice of redemption rights (homestead property)If you claimed a homestead exemption on your home, the lender must mail you a short notice by certified mail at least 30 days before an Alabama foreclosure sale. It says Alabama law may let you redeem (buy back) the home and that help programs may exist. It also starts your 180-day redemption clock after the sale.
- Notice of sale (published foreclosure notice)In Alabama, the official notice of a power of sale foreclosure is printed in a county newspaper once a week for three weeks in a row. It gives the time, place and terms of the auction at the courthouse door. No judge reviews it. You may still have options before the sale and a right to redeem after.
- Foreclosure deedAfter an Alabama courthouse auction, the person who ran the sale signs a foreclosure deed to the buyer. It passes legal title. But in Alabama you may still buy the home back within 180 days (homestead) or 1 year (other property).
- Itemized statement of debt and lawful charges (to redeem)To buy back your home after an Alabama foreclosure, you send the buyer a written demand for an itemized statement of the debt and lawful charges. The buyer must answer within 10 days. The statement tells you what to pay, and you must tender payment or file suit within your redemption period.
- Notice to taxpayer from the judge of probate (tax sale)If your Alabama property taxes are delinquent, the judge of probate issues a notice telling you to appear and show why your property should not be ordered sold for the taxes. Paying the taxes, interest and costs before the sale stops it. After a tax sale you generally have 3 years to redeem.