Alabama foreclosures occur both in court
and out-of-court. The typical
foreclosure process takes 2-3 months.
In Alabama, court foreclosures are rare,
occurring only when there are title
problems or when the mortgage lacks a
provision giving the lender the right to
sell the property if the borrower
defaults. Out-of-court foreclosure
proceedings are most commonly used. The
process begins once a lender supplies
the attorney with the applicable
documents and the attorney schedules a
sale of the property.
Although not required by state law, some
mortgages require the lender to send a
notice of default to the borrower 10-30
days before initiating the foreclosure
process.
Unless the mortgage states otherwise,
the borrower has a right to pay off the
debt at any time and stop the
foreclosure process until the day of the
foreclosure sale.
A lender must follow any notice of sale
requirements that are specified in a
mortgage. The notice of sale is
published for three weeks in a newspaper
or posted at the courthouse door and
three other public places. The notice
must provide a description of the
property and the day, place, and terms
of the sale. Usually, the notice is
also sent to the borrower, although it
is not required unless dictated in the
mortgage. If a borrower has other
mortgage loans, those lenders typically
receive notice as well. The sale takes
place at the courthouse. After the
foreclosure sale and upon payment of the
sale price, a deed is given to the
winning bidder.
The borrower has the right to redeem the
property after the foreclosure sale, up
to one year after the foreclosure sale
date.
