Code of Alabama

Ala. Code § 35-10-5 (2026)

Foreclosure Deed Conveys Legal Title.

✓ official Alabama Legislature (ALISON) text, current July 2026

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In the case of a foreclosure under Sections 35-10-2 through 35-10-4, the foreclosure deed executed by the mortgagee or his transferee, or the owner of the debt secured thereby, or his agent or attorney or personal representative, shall operate to convey the legal title to the lands sold to the purchaser at such sale.

(Code 1923 §9014; Code 1940, T. 47, §168.)

Notes of Decisions

Cited in 6 cases, 1991–2002 · leading case: In Re Gulf States Steel, Inc. of Alabama, 285 B.R. 497 (Bankr. N.D. Ala. 2002).

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In Re Gulf States Steel, Inc. of Alabama, 285 B.R. 497 (Bankr. N.D. Ala. 2002). · cites it 2× “See Ala.Code § 35-10-5. In addition, with respect to the claims of the Taxing Authorities, Bankruptcy Code Section 724 dictates that the Taxing Authorities can be compelled to accept a money satisfaction of their interest.”

In Re Sims, 185 B.R. 853 (Bankr. N.D. Ala. 1995). · cites it 2× “1991) (citing Ala.Code § 35-10-5) (1975); Wallace v. Beasley, 439 So.”

Cottrell v. United States (In Re Cottrell), 213 B.R. 33 (M.D. Ala. 1997). “Seemingly, as long as proper notice of the sale has occurred, the place of the sale is known, and the sale begins between 11:00 a.m. and 4:00 p.m. on the designated day, then the sale is considered valid and *43 lawful.”

In Re Detter, 141 B.R. 221 (Bankr. M.D. Ala. 1991). “Code § 35-10-5 (1975); Wallace v. Beasley, 439 So.”

McGowan v. Clayton, 679 So. 2d 1136 (Ala. Civ. App. 1996). “It was at tMs point, after the trial court had lost jurisdiction over the property, that Keith’s statutory right of redemption arose under § 6-5-248, Ala.”

Ford v. Nat'l Sec. Fire & Cas. Co., 594 So. 2d 46 (Ala. 1991). · cites it 2× “Alabama Code 1975, § 35-10-5. I would hold that the policy is ambiguous, because National Security certainly did not issue a policy and receive a premium while intending that it would have no liability under that policy, or I would certainly hope that it would not.”

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