Foreclosure Alabama How To Get
Friday, 3. February 2012
Foreclosure Alabama How to Get Your Home Back
How it works is the time frame that you have to buy the home back is called the redemption period, so the Alabama foreclosure law entitles you up to a year from the time of the date of the sale to buy back the property by paying all that you owe, as well as fees such as back taxes, late fees and legal fees from the seller.The right of redemption law of protection only applies when you have a deed in lieu of foreclosure. In this case it may be best just to file bankruptcy to stop the foreclosure process. The downside is that you may not be able to keep your home.
The best ways to get the right legal advise is to consult a foreclosure lawyer, to learn how to stop foreclosure in Alabama. In Alabama, lenders may foreclose on deeds of trusts or mortgages in default using either a judicial or non-judicial foreclosure process. To understand that process I have broken it down into parts.
Judicial Foreclosure
As you are probably aware the judicial process of foreclosure, which involves filing a lawsuit to obtain a court order to foreclose, is used when no power of sale is present in the mortgage or deed of trust. However, when no power of sale is present, lenders may, at their option, choose to forego a lawsuit and foreclose by selling the property, as outlined below in the No Power of Sale Foreclosure Guidelines.
Non-Judicial Foreclosure
It is important to note the non-judicial process of foreclosure is used when a power of sale clause exists in a mortgage or deed of trust. A power of sale clause is the clause in a deed of trust or mortgage, in which the borrower pre-authorizes the sale of property to pay off the balance on a loan in the event of the their default. In deeds of trust or mortgages where a power of sale exists, the power given to the lender to sell the property may be executed by the lender or their representative. Regulations for this type of foreclosure process are outlined below in the “Power of Sale Foreclosure Guidelines”.
Power of Sale Foreclosure Guidelines
Some people do not realize that If the deed of trust or mortgage contains a power of sale clause and specifies the time, place and terms of sale, then the specified procedure must be followed. However, if the deed of trust or mortgage contains a power of sale clause, but does not specify the time, place and terms of sale, then a foreclosure sale may take place at the front or main door of the courthouse of the county where the property located, after default of the deed of trust or mortgage, for cash to the highest bidder. The sale may not take place until thirty days after the last notice of sale is published.
Now if it was the real thing for those looking for notice of sale must be given by publication once a week for four successive weeks in a newspaper published in the county or counties in which the property is located. If the property is under mortgage in more than one county, the publication is to be made in all counties where it is located. The notice of sale must give the time, place and terms of said sale, together with a description of the property. If no newspaper is published in the county where the lands are located, the notice shall be placed in a newspaper published in an adjoining county for four
