We have had several people inquire about foreclosed properties and exactly what the Alabama Right of Redemption Law means for them as buyers.
We decided we should share some basic information. This is not legal advice and is for general information only.
What is a Redemption Period?
A period of time after foreclosure during which the homeowner or others may reclaim the property by paying the foreclosure sale price or sometimes the full amount owed to the bank plus certain other allowable charges.
Time Period
The right of redemption for residential property was one year until January 1, 2016. There was a bill passed which changed the right of redemption for certain homesteaded properties. This change only changed for homesteads' right of redemption with a mortgage created on or after January 1, 2016.
- If a mortgage was created before January 1, 2016, the right of redemption period is one year for all real property
- If the mortgage was created on or after January 1, 2016, the right of redemption period is six months for a homesteaded property
Alabama law requires the mortgagee or financial institution to provide notice to the mortgagor or homeowner of the foreclosed sale. If the mortgagee fails to provide notice, the right of redemption start date does not begin until the notice requirements are met. However, the law regarding notice states even if the notice is never corrected, the right of redemption period is one year from the foreclosure sale.
Two other important points to remember (1) inadequate notice does not invalidate the foreclosure sale (2) possession or production of proof of mailing notice is an affirmative defense if a lawsuit alleging inadequate notice is filed.
Who Can Redeem
There are seven categories of those entitled to redeem real estate after a foreclosure sale per Alabama law.
- Debtors
- Mortgagors
- Junior mortgagees or transferees
- Judgment creditors or transferees
- Transferees of the interest of the debtor or mortgagor, either before or after the sale
- Spouses of debtors, mortgagors, or transferees of a debtor or mortgagor, if married on the day of the foreclosure sale
- Children, heirs, or devisees of a debtor or mortgagor
Redemption is rare and is rarely exercised as the party redeeming usually has to repay the purchaser of the property certain costs, including purchase price, insurance premiums, and permanent improvements.
For more information regarding the law changes of Alabama Right of Redemption Act 2018-126 (HB 90)
Again, this is not intended to be legal advice and is for informational purposes only. As always, if you feel you need more information, you should consult a licensed real estate attorney.