- Who sends it
- The lender or its attorney publishes it in a newspaper in the county where the home is
- What it starts
- An auction at the main courthouse door between 11 a.m. and 4 p.m. on the date listed
- Do this first
- Call the attorney named in the notice to confirm the date and ask for reinstatement and payoff figures in writing
What this document is in Alabama
Most Alabama mortgages have a power of sale clause, which lets the lender sell the home without a lawsuit. Ala. Code § 35-10-13 says notice of the sale must be published once a week for three successive weeks in a newspaper published in the county where the land is. The notice must give the time, place and terms of the sale and describe the property.
For a home with a homestead exemption, the notice must also include the redemption rights wording from Ala. Code § 6-5-248(h), which is also mailed to you as a separate redemption rights notice.
What it does and does not mean
- It is the main notice Alabama law requires. You may not get a court paper at all.
- The sale must be at the front or main door of the courthouse in the county where the home, or a substantial part of the land, is located, between 11 a.m. and 4 p.m. (Ala. Code § 35-10-14).
- The buyer gets a foreclosure deed that passes legal title (Ala. Code § 35-10-12).
- It does not end everything. Alabama gives a right to redeem after the sale: 180 days for homestead property, 1 year for other property (Ala. Code § 6-5-248(b)).
The deadlines and how to count them
- The notice runs three weeks in a row before the sale. Count from the first date it was printed.
- For homestead property, the mailed redemption notice must go out at least 30 days before the sale (Ala. Code § 6-5-248(h)).
- Alabama sets no statutory deadline to reinstate. Ask the attorney in writing for the last day and form of payment they will accept.
- For federal loss mitigation protection, a complete application should reach your servicer more than 37 days before the sale.
- Alabama counts by leaving out the first day and including the last; a last day on a Sunday or legal holiday moves to the next working day (Ala. Code § 1-1-4).
See a sale date is set in Alabama for every option.
What to do this week
- Find the notice in the paper and write down the sale date, time and the attorney's name and phone number.
- Ask the attorney or servicer in writing for reinstatement and payoff amounts and whether the sale is still on.
- Send a complete loss mitigation application and ask in writing for the sale to be postponed while it is reviewed. Alabama statutes do not require a postponement.
- Call Legal Services Alabama at 866-456-4995. If the notice was not published as required, a lawyer can tell you whether to ask a court to stop the sale.
- Bankruptcy stops a sale while the stay is in effect. Talk to a bankruptcy attorney first.
Scam warnings tied to a published notice
Published notices bring offers from investors and rescue companies. Do not pay upfront fees or sign over your deed. Your right to redeem cannot be waived in any agreement made before the sale (Ala. Code § 6-5-250). Report problems to the Alabama Attorney General at 1-800-392-5658, and see Alabama foreclosure help.
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
How much notice is required before an Alabama foreclosure sale?
Publication once a week for three successive weeks in a county newspaper (Ala. Code § 35-10-13), plus a certified mail redemption notice at least 30 days before the sale for homestead property (Ala. Code § 6-5-248(h)).
Where and when is an Alabama foreclosure auction held?
At the front or main door of the county courthouse, between 11 a.m. and 4 p.m. on the date in the notice (Ala. Code § 35-10-14).
Can I stop an Alabama sale by catching up?
Only if your mortgage or servicer allows it. We did not find an Alabama statute giving a right to reinstate before a power of sale foreclosure. Ask for a written reinstatement quote and deadline right away.
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.
- 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).
- 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.