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State lawVerified Sep 23, 2026Notices, the sale and your chance to catch up

Right to three weeks of published notice before a foreclosure sale

Ala. Code § 35-10-13

In plain words

Most Alabama foreclosures happen outside court under a power of sale. The sale must be advertised in a county newspaper once a week for three weeks before it happens. Alabama law does not require a separate state notice of default, but most mortgages require a breach letter first.

Who is protected

Alabama mortgagors facing a power-of-sale foreclosure.

When it applies

  • Only in Alabama.
  • Only once a sale date is set.
Check whether it applies to you

What you can do

  • Put the deadline on your calendar

    Check the county legal newspaper and mark the sale date.

    Deadline: The sale date in the newspaper notice

    Open the tool
  • Ask in writing

    Ask the servicer in writing for a reinstatement figure; Alabama has no statutory right to reinstate, but many mortgages allow it.

    Open the tool
  • Read the Alabama guide

    Our Alabama page explains the whole process step by step, with its sources and free local help.

    Open the tool

Honest limits

  • This is general education, not legal advice. Laws change and details depend on your papers and your court; check the current law or ask a lawyer or legal aid.

The law

  1. State lawPublication of foreclosure sale notice

    Ala. Code § 35-10-13

    What it says: The sale must be published once a week for three successive weeks before the sale.

    Read the official text

Court cases

  • Homeowner lostSame topic
    Boren v. U.S. National Bank Ass'n

    Boren v. U.S. Nat'l Bank Ass'n, 807 F.3d 99 (5th Cir. 2015)

    a lender may abandon a prior acceleration by giving notice that it seeks less than the full accelerated balance, which restarts the four-year limitations period

  • Homeowner lostSame topic
    Martins v. BAC Home Loans Servicing, L.P.

    Martins v. BAC Home Loans Servicing, L.P., 722 F.3d 249 (5th Cir. 2013)

    a mortgage servicer acting for a properly assigned mortgagee may foreclose in Texas without possessing the original note, and an oral promise to modify a large loan is not enforceable

  • Partial winSame topic
    Reinagel v. Deutsche Bank National Trust Co.

    Reinagel v. Deutsche Bank Nat'l Tr. Co., 735 F.3d 220 (5th Cir. 2013)

    a Texas borrower may challenge an assignment of the loan on any ground that renders it void, though not on grounds that make it merely voidable

  • Partial winSame topic
    Culhane v. Aurora Loan Services

    Culhane v. Aurora Loan Servs., 708 F.3d 282 (1st Cir. 2013)

    a mortgagor may contest the validity of a MERS assignment to the foreclosing entity, although the MERS framework itself is lawful

  • Homeowner wonSame topic
    Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A.

    Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A., 559 U.S. 573 (2010)

    the FDCPA's bona fide error defense does not excuse a debt collector's incorrect interpretation of what the Act requires

  • Homeowner lostSame topic
    Whittier v. Ocwen Loan Servicing, L.L.C.

    Whittier v. Ocwen Loan Servicing, L.L.C., 594 F. App'x 833 (5th Cir. 2014) (per curiam) (unpublished)

    a RESPA claim against a servicer fails without evidence of actual damages caused by the violation

Related rights

State lawVerified Sep 23, 2026

Right to redeem after a foreclosure sale — one year, or 180 days for some homes

Ala. Code § 6-5-248(b), (h)

Alabama lets you redeem (buy back) your home after a foreclosure sale. The period is generally one year from the sale. For some homestead loans made in 2016 or later, it is 180 days if the lender gave the required notice. You must give up possession within 10 days of a written demand, or you can lose the right.

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U.S. ConstitutionVerified Sep 23, 2026

The right to be heard in court, and to speak for yourself

U.S. Const. amend. XIV, § 1Due Process Clause

Due process means that before the government, through a court, takes your property, you must get a meaningful chance to be heard. In federal court, you have a legal right to present your own case without a lawyer. Most state courts also let people represent themselves, under state rules.

Read this right
U.S. ConstitutionVerified Sep 23, 2026

The right to real notice before the government takes or sells your home

U.S. Const. amend. XIV, § 1Due Process Clause

Before a state or county sells your property — for example at a tax sale, or through a court foreclosure — the Constitution requires notice that is reasonably likely to actually reach you. If the government knows your address, publishing a notice in the newspaper is not enough. If a mailed notice comes back unclaimed, the government must take extra reasonable steps to reach you, if it practicably can.

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Federal lawVerified Sep 23, 2026

The automatic stay: filing bankruptcy pauses most collection

11 U.S.C. § 362(a)

When a bankruptcy case is filed, an "automatic stay" goes into effect right away. It generally stops lawsuits, foreclosure steps, and other collection against you and your property, without anyone needing to ask a judge. Creditors who knowingly violate it can owe damages.

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Federal lawVerified Sep 23, 2026

Chapter 13: catch up on missed mortgage payments over time

11 U.S.C. § 1322(b)(5)

In a Chapter 13 bankruptcy, a plan can let you catch up on missed mortgage payments over a reasonable time (often 3 to 5 years) while you keep paying the regular monthly payment. For your main home, you can use this cure until the home is sold at a foreclosure sale held under state law.

Read this right
Federal lawVerified Sep 23, 2026

No lies or misleading claims by debt collectors

15 U.S.C. § 1692e

A debt collector may not lie or mislead you. It cannot misstate how much you owe, pretend to be a lawyer or government official, or threaten something it cannot legally do or does not intend to do. It also cannot report credit information it knows is false, or fail to say a debt is disputed.

Read this right