- Who sends it
- The lender, its agent or attorney, or the person who made the sale signs it; it is recorded with the probate judge
- What it starts
- Your redemption period: 180 days for homestead property, 1 year for other property
- Do this first
- Get a copy from the probate office, note the sale date, and decide whether you will try to redeem
What this document is in Alabama
Ala. Code § 35-10-12 says a conveyance to the buyer at a power of sale foreclosure may be signed by the mortgagee, its agents, attorneys or the person making the sale, and that it vests legal title in the buyer. Probate judges index foreclosure deeds under the names in the original mortgage and in the foreclosure deed, so you can find it at the county probate office.
Alabama has no court confirmation step after a power of sale foreclosure.
What it does and does not mean
- The buyer now holds legal title.
- It does not end your right of redemption. You, your spouse, your children or heirs, junior lienholders and others listed in Ala. Code § 6-5-248(a) may redeem.
- It does not by itself make you owe a shortfall. A lender must sue and win a judgment to collect a deficiency. See deficiency judgments in Alabama.
- The buyer can demand that you move out. Staying more than 10 days after a written demand costs you the right to redeem (Ala. Code § 6-5-251).
The deadlines and how to count them
- Redemption: within 180 days from the sale date for homestead property, or within 1 year for other property (Ala. Code § 6-5-248(b)). Count from the sale date, not the date the deed was recorded.
- For homestead property, the 180 days do not start until the redemption rights notice was given, but never later than 1 year after the sale (Ala. Code § 6-5-248(h)).
- Your tender of payment or lawsuit to redeem must be made within the same 180 days or 1 year (Ala. Code § 6-5-252).
- Count by leaving out the sale date and including the last day; a last day on a Sunday or legal holiday moves to the next working day (Ala. Code § 1-1-4).
What to do this week
- Get a copy of the foreclosure deed and note the sale price. You would need to pay that price plus interest and lawful charges to redeem (Ala. Code § 6-5-253).
- Send the buyer a written demand for a statement of lawful charges.
- If the sale brought more than the debt and costs, ask the foreclosing attorney in writing for an accounting. See Alabama foreclosure surplus funds.
- 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
Can I get my Alabama home back after the foreclosure deed?
Possibly. Alabama lets the former owner and others redeem within 180 days of the sale for homestead property or 1 year for other property (Ala. Code § 6-5-248(b)) by paying the sale price, interest and lawful charges (Ala. Code § 6-5-253).
Where do I find my Alabama foreclosure deed?
At the probate office of the county where the home is. Probate judges index foreclosure deeds by the names on the original mortgage and on the foreclosure deed (Ala. Code § 35-10-12).
Does a judge approve Alabama foreclosure sales?
Not in a power of sale foreclosure. The foreclosure deed itself passes legal title to the buyer (Ala. Code § 35-10-12). To challenge the sale, you would need to file a lawsuit, so talk to a lawyer quickly.
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.
- Written demand for possessionAfter an Alabama foreclosure sale, the buyer can send you a written demand to move out. You have 10 days. If you stay past the 10 days, you lose your right to buy the home back, and the buyer can go to court to remove you.
- 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.
Sources
- Code of Alabama § 35-10-12, Foreclosure by power of sale; indexing of deeds
- Code of Alabama § 6-5-248, Who may redeem
- Code of Alabama § 6-5-251, Delivery of possession on demand
- Code of Alabama § 6-5-252, Demand for statement of lawful charges
- Code of Alabama § 6-5-253, Payment of purchase money and lawful charges
- Code of Alabama § 1-1-4, Computation of time