Where a power to sell lands is given to the grantee in any mortgage, or other conveyance intended to secure the payment of money, the power is part of the security, and may be executed by any person, or the personal representative of any person who, by assignment or otherwise, becomes entitled to the money thus secured; and a conveyance of the lands sold under such power of sale to the purchaser at the sale, executed by the mortgagee, any assignee or other person entitled to the money thus secured, his agent or attorney, or the auctioneer making the sale, vests the legal title thereto in such purchaser. Probate judges shall index foreclosure deeds by the names of the original grantor and grantee in the mortgage, and also by the names of the grantor and grantee in the foreclosure deeds.
(Code 1852, §1319; Code 1967, §1589; Code 1876, §2198; Code 1886, §1844; Code 1896, §1040; Code 1907, §4896; Code 1923, §9010; Code 1940, T. 47, §164.)
Notes of Decisions
Patterson v. GMAC Mortg., LLC, 176 So. 3d 845 (Ala. 2013).
· cites it 6× “2 • See Ala.Code 1975, § 35-10-1 et seq., particularly §§ 35-10-1 through -3; Memorial Shrines, Inc.”
Sturdivant v. BAC Home Loans Servicing, LP, 159 So. 3d 15 (Ala. Civ. App. 2011).
· cites it 3× “With regard to the authority to sell mortgaged property at foreclosure, § 35-10-1, Ala.Code 1975, provides: “Where a power to sell lands is given to the grantee in any mortgage, or other conveyance intended to secure the payment of money, the power is part of the security, and…”
In Re Sims, 185 B.R. 853 (Bankr. N.D. Ala. 1995).
· cites it 3× “Code Section 35-10-1 (1975). 8 The purchaser of validly foreclosed property *866 holds legal title to the property and is the absolute owner.”
In Re Phillips, 439 B.R. 892 (Bankr. N.D. Ala. 2010).
· cites it 3× “…§ 522(f)(2)(C). Carson v. Citimort-gage, Inc., 274 B.R. 577 (Bankr.D.Conn.2002) (Krechevsky, J.). 7 . See generally, Ala.Code § 35-10-1 (1975) et seq. Foreclosures of Alabama mortgages executed on or before December 31, 1988 are *896 controlled by §§ 35-10-1 to -10, and those…”
Crum v. LaSalle Bank, N.A., 55 So. 3d 266 (Ala. Civ. App. 2009).
· cites it 2× “Under Ala.Code 1975, § 35-10-12, which superseded Ala.”
Weeks v. Weeks, 557 So. 2d 1216 (Ala. 1989).
· cites it 2× “Ala.Code 1975, § 35-10-1. The estate, having no interest in the balance of the mortgage after Mr.”
Cottrell v. United States (In Re Cottrell), 213 B.R. 33 (M.D. Ala. 1997).
“CODE § 35-10-1 though § 35-10-16 (1975). Although § 35-10-5 of the Alabama Code states that the foreclosure deed conveys legal title, the Alabama Supreme Court has consistently maintained that execution of a foreclosure deed is not essential for title to vest in the purchaser.”
Assocs. of Selma, Inc. v. Whetstone, 628 So. 2d 578 (Ala. 1993).
· cites it 2× “’ “Alabama Code § 35-10-1 (1975) ... provides: “ Where a power to sell lands is given to the grantee in any mortgage, or other conveyance intended to secure the payment of money, the power is part of the security, and may be executed by any person .”
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