Code of Alabama
Ala. Code § 35-10-11 (2026)
Definitions.
✓ official Alabama Legislature (ALISON) text, current July 2026
Unless the context otherwise requires, the words defined in this section shall have the following meanings when they appear in this article:
(1) MORTGAGE. Any mortgage, deed of trust, or any other instrument intended to secure the payment of money, such as an instrument which includes a vendor’s lien.
(2) MORTGAGEE. All mortgagees, grantees or creditors in any mortgages, any trustees under deeds of trust, or any persons entitled to the money secured by any instrument intended to secure the payment of money such as an instrument which includes a vendor’s lien.
(Acts 1988, 1st Ex. Sess., No. 88-906, p. 479, §1.)
Notes of Decisions
Cited in 10
cases (1 in the last 5 years), 1990–2025 · leading case: Douglas v. Troy Bank & Trust Co., 122 So. 3d 181 (Ala. Civ. App. 2012).
Douglas v. Troy Bank & Trust Co., 122 So. 3d 181 (Ala. Civ. App. 2012). “Code [1975], §§ 35-10-11 [et seq.] Plaintiffs have directed this Court’s attention to no law supporting their assertions of ‘show me the note.”
Sturdivant v. BAC Home Loans Servicing, 159 So. 3d 31 (Ala. 2013). “” § 35-10-11(1), Ala.Code 1975. . The copy of the document attached to Bay-view’s submission was dated 2006.”
James Graveling v. Bank United N.A., 631 F. App'x 690 (11th Cir. 2015). “See Ala.Code § 35-10-11 to -14. Alabama courts that have addressed the issue have found that a party seeking to foreclose under this statute need not produce the “original wet ink signature promissory note and mortgage” before commencing foreclosure proceedings.”
Janos Farkas v. Sun Trust Mortg., 447 F. App'x 972 (11th Cir. 2011). “Code 7-3-104(a) (1975) (defining a negotiable instrument); Ala.Code §§ 35-10-11 to 35-10-14 (1975) (Alabama’s foreclosure statute); Triple J Cattle, Inc.”
Summerlin v. Shellpoint Mortg. Servs., 165 F. Supp. 3d 1099 (N.D. Ala. 2016). “See Ala. Code §§ 35-10-11 - 35-10-16. . While in a different section of the Amended Complaint Plaintiff claims that a previous dispute of the mortgage debt was sent to Resurgent Capital Services in September 2013, declaring the debt "null and void,” those letters do not relate…”
Liberty Bank & Trust Co. v. Danley (In re Danley), 552 B.R. 871 (Bankr. M.D. Ala. 2016). “CODE §§ 35-10-11 through 35-10-16, dealing with required notice and procedure for foreclosures, and stated that Liberty Bank violated these provisions, but they did not explain how they were violated or introduce any evidence suggesting that a violation occurred.”
Niday v. GMAC Mortg., LLC, 284 P.3d 1157 (Or. Ct. App. 2012). “, Ala Code §§ 35-10-11 to 35-10-16; Alaska Stat §§ 34.”
In Re Phillips, 439 B.R. 892 (Bankr. N.D. Ala. 2010). “Foreclosures of Alabama mortgages executed on or before December 31, 1988 are *896 controlled by §§ 35-10-1 to -10, and those executed after December 31, 1988 are controlled by §§ 35-10-11 to -16. The former provides for two optional methods of foreclosing mortgages which…”
Haywood Jackson Mizell v. Wells Fargo Bank, N.A. (11th Cir. 2025). “See Ala. Code §§ 35-10-11 to 35-10-16 (1975).”
Patrick v. Crain, 571 So. 2d 285 (Ala. 1990). “Mortgages containing a “power of sale” clause and executed after December 31, 1988, are now covered under §§ 35-10-11 to -16 (Cum.Supp.1989). .Crain alleges that from the time of his possession of the promised condominium unit until its foreclosure by the out-of-state…”
— Ala. Code § 35-10-11(1) — 1 case
Sturdivant v. BAC Home Loans Servicing, 159 So. 3d 31 (Ala. 2013). “” § 35-10-11(1), Ala.Code 1975. . The copy of the document attached to Bay-view’s submission was dated 2006.”
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