- Who sends it
- The foreclosing lender or its attorney, by certified mail to the home's address
- What it starts
- A sale date at least 30 days away, and the start of your redemption clock once the sale happens
- Do this first
- Keep the notice and envelope, find the sale date, and call Legal Services Alabama
What this document is in Alabama
Ala. Code § 6-5-248(h) says a lender that forecloses on a home with a homestead exemption claimed in the tax year of the sale must give the mortgagor who signed the mortgage a notice that says in substance: "Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process."
It must be mailed to the property address at least 30 days before the foreclosure date by certified mail with proof of mailing. The same words must also appear in the newspaper notice of sale.
What it does and does not mean
- It means a sale is planned. Alabama foreclosures usually happen without a court case, so this may be the only mailed notice the law requires.
- It does not mean you have lost the home. You can still work with your servicer before the sale.
- For homestead property, your 180-day redemption period does not begin until this notice is given, but no one can redeem later than 1 year after the foreclosure (Ala. Code § 6-5-248(h)).
- A missing or defective notice does not undo the sale. Any claim about the notice must be brought within 1 year after the foreclosure.
The deadlines and how to count them
- At least 30 days between mailing and the sale date. In Alabama, you leave out the first day and count the last; if the last day is a Sunday or legal holiday, it moves to the next working day (Ala. Code § 1-1-4).
- After the sale: 180 days to redeem for homestead property, or 1 year for other property (Ala. Code § 6-5-248(b)).
- After the sale you must leave within 10 days of a written demand for possession or you lose your right to redeem (Ala. Code § 6-5-251).
What to do this week
- Write down the date on the postmark or certified mail receipt and keep the envelope.
- Find the sale date in the local newspaper notice, or ask the attorney named in it.
- Ask your servicer in writing for a reinstatement quote and a loss mitigation application. Alabama has no statute giving a right to reinstate, so your mortgage contract controls.
- Call Legal Services Alabama at 866-456-4995 and a free HUD-approved housing counselor at (800) 569-4287. The Alabama Center for Dispute Resolution lists a voluntary mediation program; call 334-517-2162 to ask if you qualify.
- Read how to stop a foreclosure in Alabama.
Scam warnings
Do not sign anything that gives up your redemption rights before the sale. Ala. Code § 6-5-250 says the right cannot be waived in a mortgage or any agreement made before foreclosure. Do not pay upfront fees or sign over your deed to a rescue company, and report one to the Alabama Attorney General at 1-800-392-5658.
The rest of the Alabama process
See how foreclosure works in Alabama, the timeline, ways to stop it and free help in Alabama.
Common questions
I did not get an Alabama redemption rights notice. Is my sale invalid?
No. Ala. Code § 6-5-248(h) says a defective or missing notice does not affect the validity of the foreclosure. It does affect your redemption clock for homestead property, which does not start until the notice is given, up to 1 year after the sale.
Who gets this notice in Alabama?
The mortgagor who signed the mortgage, when the home had a homestead exemption claimed in the tax year of the sale. Other property does not require it, and its redemption period is 1 year.
How long do I have to redeem my Alabama home after the sale?
180 days from the sale for homestead property, or 1 year for other property (Ala. Code § 6-5-248(b)). You must also leave within 10 days of a written demand for possession to keep that right (Ala. Code § 6-5-251).
Other Alabama letters
- 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).
- 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 § 6-5-248, Who may redeem; notice
- Code of Alabama § 6-5-250, Rights may not be waived
- Code of Alabama § 6-5-251, Delivery of possession on demand
- Code of Alabama § 1-1-4, Computation of time
- Code of Alabama § 35-10-13, Notice of sale
- Alabama Center for Dispute Resolution: Foreclosure Mediation
- Legal Services Alabama: Apply for Services