Alabama Mortgage of a Condominium Unit

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Multi-State
Control #:
US-02393BG
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Word; 
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Description

An agreement that creates an interest in real property as security for an obligation, such as the payment of a note, and that is to cease upon the performance of the obligation, is called a mortgage. The person whose interest in the property is given as security is the mortgagor. The person who receives the security is the mortgagee (lender). Two characteristics of a mortgage are (a) the mortgagee's interest terminates upon the performance of the obligation secured by the mortgage such as payment of the note secured by the mortgage; and (b) the mortgagee has the right to enforce the mortgage by foreclosure if the mortgagor fails to perform the obligation (such as defaulting on the note payments).


A condominium is a combination of co-ownership and individual ownership. Those who own an apartment house or buy a condominium are co-owners of the land and of the halls, lobby, and other common areas, but each apartment in the building is individually owned by its occupant. In some States, the owners of the various units in the condominium have equal voice in the management and share an equal part of the expenses. In other States, control and liability for expenses are shared by a unit owner in the same ratio as the value of the unit bears to the value of the entire condominium project. The bigger condominium owners would have more say-so than the smaller condominium owners.

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FAQ

If you fail to pay your HOA or COA assessments in Alabama, the association can get a lien on your property and might foreclose on your home.

The dissolution process of an HOA in Alabama may be found in the HOA's governing documents. If it is not, a vote of at least ? by HOA members is needed to adopt dissolution.

The Alabama Homeowners' Association Act requires all Homeowners' Associations formed on or after January 1, 2016, to file organizational documents as a nonprofit corporation. The Act was passed on June 2, 2015, became effective January 1, 2016, and is codified in Code of Alabama Title 35, Chapter 20.

Is membership in an HOA mandatory? Yes in some and no in others. Each HOA is different.

Any correspondence in writing from the holder to the apparent owner, such as the mailing of a statement, report of interest paid or credited, renewal of a deposit or other written information relating to the deposit shall be construed to mean that the apparent owner has indicated an interest in the deposit if the ...

Section 35-10-1 - Power of sale constitutes part of security; by whom executed; effect of conveyance; index of foreclosure deeds. Section 35-10-2 - Sale under power where instrument silent as to place or terms of sale. Section 35-10-3 - Foreclosure when instrument contains no power of sale.

No mortgage, deed or other conveyance of the homestead by a married person shall be valid without the voluntary signature and assent of the husband or wife, which must be shown by his or her examination before an officer authorized by law to take acknowledgments of deeds, and the certificate of such officer upon, or ...

(e) A lien for unpaid assessments is extinguished unless proceedings to enforce the lien are instituted within three years after the full amount of the assessments becomes due.

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Alabama Mortgage of a Condominium Unit