Alabama Judgment Foreclosing Mortgage and Ordering Sale

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US-02647BG
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Description

A judicial foreclosure is one which results from a court action rather than from the power of sale given to a trustee. Judicial foreclosures occur when a trust deed or mortgage deed does not have a power of sale clause, thus compelling the lender to take the borrower to court. This is in contrast to a non-judicial foreclosure, in which a foreclosure can be completed outside the court system.
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FAQ

Power of sale is a mortgage clause that permits the lender to foreclose on and sell a property in default in order to recover the remainder of the loan. This clause, which is legal in many U.S. states, allows for a foreclosure process that circumvents the courts for speedier outcomes.

How Do Foreclosure Sales in Alabama Work? At the sale, which is a public auction, the lender usually makes a credit bid. The lender can bid up to the total amount owed, including fees and costs, or it may bid less.

Alabama has no definite statute of limitations as to when a lender must begin foreclosure proceedings. If you are behind with your mortgage payments, the lender can begin foreclosure proceedings at any time.

A defeasance clause is a provision in some mortgage contracts indicating that the borrower will receive the title to the property once all of the mortgage payments have been made.

The right of redemption allows the original owner to redeem the property by paying off back taxes and/or liens against the property within one year of the date of the foreclosure sale. The redemption period for homestead property is 180 days.

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Alabama Judgment Foreclosing Mortgage and Ordering Sale