Right to redeem after a foreclosure sale — one year, or 180 days for some homes
Ala. Code § 6-5-248(b), (h)
In plain words
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.
Who is protected
Alabama owners whose property was sold at foreclosure.
When it applies
- Only in Alabama.
- Only after the foreclosure sale.
What you can do
Put the deadline on your calendar
Check whether you received a redemption notice before the sale; it affects the period.
Deadline: One year (or 180 days) after the sale
Open the toolAsk in writing
Send a written demand for a statement of the debt and lawful charges needed to redeem.
Open the tool
Honest limits
- Failing to surrender possession after a written demand can end the right.
- 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
- State lawWho may redeem; redemption periods
Ala. Code § 6-5-248(b), (h)
Exact part: (b), (h)
What it says: Redemption is within one year from the sale for most property, with a 180-day period for certain homesteads.
Read the official texthttps://law.justia.com/codes/alabama/title-6/chapter-5/article-14a/section-6-5-248/
Court cases
- Homeowner lostSame topicMartins 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
- Homeowner lostSame topicMilton v. U.S. Bank National Ass'n
Milton v. U.S. Bank Nat'l Ass'n, 508 F. App'x 326 (5th Cir. 2013) (per curiam) (unpublished)
an agreement to delay a Texas foreclosure falls within the statute of frauds and must be in writing to be enforced
- Homeowner lostSame topicBFP v. Resolution Trust Corp.
BFP v. Resol. Tr. Corp., 511 U.S. 531 (1994)
the price received at a non-collusive foreclosure sale that complied with state law is reasonably equivalent value under the Bankruptcy Code
Related rights
Right to three weeks of published notice before a foreclosure sale
Ala. Code § 35-10-13
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.
Read this rightThe government cannot keep your home equity beyond the tax debt
U.S. Const. amend. VTakings Clause
If your home is taken or sold to pay property taxes, the government may collect what you owe, but it may not keep the extra value. Keeping the surplus is a "taking" of your property without just compensation, which the Fifth Amendment forbids (Tyler v. Hennepin County, 2023). You may be able to claim the surplus, but you usually must follow your state's claim process and deadlines.
Read this rightAfter a discharge, creditors cannot collect the wiped-out debt from you
11 U.S.C. § 524(a)(2)
A bankruptcy discharge wipes out your personal liability for most debts in the case. After that, the law forbids creditors from suing, calling or otherwise trying to collect a discharged debt from you personally. A court can hold a creditor in contempt if there was no fair doubt that its conduct was barred.
Read this rightRenters get at least 90 days' notice after a foreclosure
12 U.S.C. § 5220 note(Pub. L. 111-22, div. A, § 702(a)–(b))
If you rent a home that goes through foreclosure, the new owner must give you a notice to move at least 90 days before you have to leave. If you have a real (bona fide) lease signed before the foreclosure notice, you can usually stay until the lease ends. The exception is when the new owner will live in the home; even then you still get the 90 days' notice.
Read this right