State Foreclosure Law

Alabama Foreclosure Laws

In Alabama, a non-judicial sale can happen with no court involvement. The sale must be advertised in a newspaper once a week for three successive weeks, with the first notice at least 18 days before the sale…

Process

Non-Judicial

Out of court, under a power of sale §

Foreclosure Length

Varies

Depends on the case

Homestead Exemption

$18,800 (as adjusted for inflation by the State Treasurer)

Automatic: no advance filing needed; claimed in writing after a levy and before the sale · the rule §

Deficiency Judgment

Allowed

Allowed §

39 source pages cited · Last checked Mar 10, 2026

Not legal advice. This page provides general information about Alabama foreclosure law based on cited statutes and rules. Every citation links to the official source for verification. Laws change — readers should confirm current statute text and consult a Alabama-licensed attorney for situation-specific advice.

Facing foreclosure? The timeline, your rights and your options are laid out in the Alabama foreclosure guide →

On this page

01 Governing statutes
02 Foreclosure process and your rights
03 Special foreclosure types
04 Lien priority
05 Statute of limitations
06 Probate & inheritance
07 Consumer protection & compliance
08 Legal aid & pro bono resources
09 Find help in Alabama
10 National foreclosure guides
11 Alabama distress data

Governing Statutes

Citation	Title	Covers
Ala. Code § 35-10-1 et seq.	Mortgages — Power of Sale	General statutory framework for mortgage foreclosure in Alabama; Ala. Code § 35-10-12 makes a mortgage's power of sale part of the security and lets the mortgagee, its agents or attorneys sign the foreclosure deed to the buyer; § 35-10-13 requires notice of the sale by publication once a week for three successive weeks; § 35-10-14 sets where and when the sale is held (the front or main courthouse door, between 11 a.m. and 4 p.m.)
Ala. Code § 35-10-13; § 6-8-62; § 6-5-248(h)	Power of Sale — Notice Requirements	Requires notice of the sale by publication once a week for three successive weeks in a newspaper published in the county where the property is located, with the first notice at least 18 days before the sale. The notice must give the time, place, and terms of the sale and a description of the property. For a home on which a homestead exemption was claimed for the tax year of the sale, the lender must also mail the borrower a notice by certified mail at least 30 days before the sale.
Ala. Code § 6-5-247 through § 6-5-259	Redemption of Real Property After Foreclosure	Statutory right of redemption after foreclosure sale; Ala. Code § 6-5-248 sets the redemption period (180 days for a home on which a homestead exemption was claimed for the tax year of the sale, one year for other property) and lists who may redeem (including debtors and mortgagors, their spouses, children and heirs, junior mortgage holders, and judgment creditors); § 6-5-251 lets the buyer demand possession, and a former owner who does not hand it over within 10 days loses the right to redeem; § 6-5-252 lets anyone entitled to redeem demand a written statement of the debt and lawful charges; § 6-5-253 sets the redemption price (the sale price plus interest at the rate set for court judgments, plus lawful charges)
Ala. Code § 6-5-248	Redemption Period — 180 Days or One Year	Establishes the statutory redemption period after foreclosure sale: 180 days for residential property on which a homestead exemption was claimed for the tax year of the sale, or one year for other property. The former owner (debtor), the debtor's spouse, and certain other qualified parties may redeem the property within that period by paying the redemption price.
Ala. Code § 6-5-253(a); § 7-3-118(a)	Deficiency After Foreclosure	A foreclosure sale does not wipe out any balance still due on the debt: someone who redeems from the owner of the debt must also pay that balance (§ 6-5-253(a)). The lender can sue on the note for what remains, within six years after the due date or accelerated due date for a note payable at a definite time (§ 7-3-118(a)).
Ala. Code § 6-10-2	Homestead Exemption	Homestead exemption of $18,800 for Alabama residents, or $56,400 for a resident who is 62 or older or has a disability. Limited protection — exemption does not protect against mortgage foreclosure; applies against unsecured judgment creditors only.
Ala. Code § 5-19-1 et seq.	Alabama Mini-Code (Consumer Finance Act)	Alabama's consumer lending law governing interest rates and terms for consumer credit transactions. Does not directly govern foreclosure procedure but applies to the underlying loan terms.

Alabama Foreclosure Process and Your Rights

Alabama uses non-judicial foreclosure. State law does not set one typical length from the first notice to the sale. §

After the sale: 180 days after the sale for a home on which a homestead exemption was claimed for the tax year of the sale, or one year after the sale for other property (Ala. Code § 6-5-248(b)). For homestead property, the period does not start until the required 30-day notice is given, but redemption can never happen later than one year after the sale. A former owner who does not hand over possession within 10 days of the buyer's written demand loses the right to redeem (Ala. Code § 6-5-251). §
Homestead exemption: $18,800 (Ala. Code § 6-10-2, as adjusted for inflation by the State Treasurer). A resident who is 62 or older or has a disability can claim up to $56,400. This does NOT stop mortgage foreclosure — it only protects equity from unsecured judgment creditors. §
Mediation: Alabama does not have a statewide foreclosure mediation program.

Step-by-step timeline, your rights at each stage, mediation, options to keep or leave the home, and what happens after the sale: Read the full Alabama foreclosure guide →

Special Foreclosure Types in Alabama

Beyond the standard non-judicial foreclosure process, Alabama law addresses several specialized foreclosure categories.

HOA & Condo Association Foreclosure

HOA and COA assessment liens may be foreclosed in Alabama.

Procedures vary by statute.

Tax Lien Foreclosure

Property tax liens have priority over mortgage liens in Alabama. §

Tax sale procedures vary by county.

Lien Priority in Alabama

Generally first in time, first in right. Alabama recording statutes govern lien priority.

Consult a local attorney for specific lien priority questions.

Statute of Limitations in Alabama

Mortgage Foreclosure

Varies §

Ala. Code § 6-2-34 sets six years for suits on written promises not under seal and for recovering money on a loan; it does not by its terms set a deadline for foreclosing a mortgage.

Written Contracts

6 years §

Six years for written promises not under seal (Ala. Code § 6-2-34(4)); ten years for contracts or writings under seal (Ala. Code § 6-2-33(1)).

Promissory Note

6 years §

For a note payable at a definite time, six years after the due date, or after the accelerated due date if the loan was accelerated. For a note payable on demand, six years after demand; if no demand is made, a suit is barred once no principal or interest has been paid for 10 years.

Deficiency Judgment

Varies §

A suit for the balance left after a foreclosure sale is subject to the time limits for debt actions; for a note payable at a definite time, six years after the due date or accelerated due date (Ala. Code § 7-3-118(a)).

Probate & Inheritance in Alabama

When a mortgaged property owner dies, foreclosure proceedings interact with the probate process. Alabama law establishes specific rules for estate notification, heir protections, and the rights of executors to cure defaults.

Pause When the Borrower Dies

State law doesn't pause a foreclosure when the borrower dies, so it can go on during probate.

Notification to Estate

The lender must notify the estate or personal representative before proceeding.

Foreclosure must be served on the estate or personal representative of a deceased borrower.

Heir Protections

Heirs who inherit and occupy the property as a primary residence may qualify as successors in interest under 12 CFR 1024.31 and apply for loss mitigation.

Executor Reinstatement Rights

The executor or personal representative may reinstate the mortgage by curing the default.

Garn-St. Germain Act

Due-on-sale clause may not be enforced against heirs inheriting and occupying the property as a primary residence under Garn-St Germain, 12 U.S.C. 1701j-3.

Uniform Partition of Heirs Property Act (UPHPA)

Not adopted in this state.

Consumer Protection & Compliance in Alabama

State consumer protection statutes, foreclosure rescue fraud laws, and professional compliance rules that apply to mortgage servicing and foreclosure-related services in Alabama.

UDAP Statute

Alabama Consumer Protection Act

Alabama consumer protection statute applies to deceptive mortgage practices and foreclosure rescue fraud.

Foreclosure Rescue Fraud Laws

General consumer protection laws apply to foreclosure rescue fraud in Alabama.

Federal FTC Act and CFPB enforcement also apply.

Attorney Advertising Rules

Alabama Rules of Professional Conduct govern attorney advertising and solicitation.

Lead Generation Restrictions

No Alabama-specific lead generation statute for foreclosure defense identified beyond professional conduct rules.

Barratry

Barratry statutes apply. Solicitation of foreclosure-related legal work is restricted.

Alabama professional conduct rules prohibit in-person solicitation of prospective clients in vulnerable circumstances.

Legal Aid & Pro Bono Resources in Alabama

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Legal Services Alabama

Free legal help for low-income Alabamians, including foreclosure defense and housing issues.
legalservicesalabama.org →
⚖

Alabama State Bar Lawyer Referral Service

Referrals to attorneys by practice area, including foreclosure and real estate.
alabar.org →
🏠

HUD-Approved Housing Counselors

Free, federally funded housing counseling agencies in Alabama. Services include loan modification applications, mediation preparation, and loss mitigation guidance.
Find a counselor in Alabama →
📞

HUD Housing Counseling Hotline

Free, federally funded foreclosure prevention counseling.
1-800-569-4287 →
📞

Alabama Attorney General Consumer Hotline

Report mortgage fraud and deceptive foreclosure rescue schemes.
1-800-392-5658 →
📋

Alabama State Bar Lawyer Referral Service

$25 for initial 30-minute consultation
alabar.org →

Find Help in Alabama

We maintain a verified directory of free and low-cost help providers in Alabama. All are government-approved or federally funded.

24 HUD-approved housing counselors Free foreclosure prevention counseling 1 Legal aid offices Free legal representation for qualifying homeowners

Browse all 25 providers in Alabama →

National Foreclosure Guides

These guides explain foreclosure at the federal level — homeowner rights, available options, and recommended steps at each stage. They apply in every state, including Alabama.

Facing Foreclosure?

Overview of the process, available options, and free help resources

How to Stop Foreclosure

Immediate options — forbearance, modification, legal aid, bankruptcy

Your Rights in Foreclosure

Federal protections under CFPB Regulation X and loss mitigation rules

How Foreclosure Works

Stage-by-stage walkthrough from missed payments to sale

Behind on Your Mortgage?

Options for borrowers who have missed or expect to miss a payment

Bankruptcy & Foreclosure

How Chapter 7 and Chapter 13 can stop or delay foreclosure

Alabama Distress Data

The American Distress Index tracks household financial distress at the national level. Here are ADI indicators with particular relevance to Alabama homeowners:

Foreclosure Filings

National trend

National foreclosure filings. Alabama mainly uses non-judicial foreclosure (trustee's sales outside court).

FHA mortgage delinquency

FHA delinquency rate

Share of FHA loans at least one payment behind, from the Mortgage Bankers Association's quarterly survey.

Foreclosure volume

Foreclosure starts & completions

Monthly foreclosure starts and completions from ATTOM Data Solutions.

Newly late mortgages

Current to 30 days late

Share of mortgages moving from current to 30 days past due, from Cotality (formerly CoreLogic).