Code of Alabama
Ala. Code § 35-10-8 (2026)
How Notice of Sale Given.
✓ official Alabama Legislature (ALISON) text, current July 2026
Notice of said sale shall be given in the manner provided in such mortgage or deed of trust or in this Code in the county where the mortgagor resides and the land, or a part thereof, is located; but, if said mortgagor does not reside in the county where the land or any part thereof is located, then such notice must be published in the county where said land, or any material part thereof, is located; provided, that notice of all sales under powers of sale contained in mortgages and deeds of trust executed after July 1, 1936, where the amount secured is $500.00 or more, shall be given by publication once a week for three successive weeks in some newspaper published in the county in which such land or any portion thereof is situated, and said notice of sale must give the time, place and terms of said sale, together with a description of the property to be sold.
(Acts 1923, No. 494, p. 658; Code 1923, §9017; Acts 1936, Ex. Sess., No. 123, p. 82; Code 1940, T. 47, §171.)
Notes of Decisions
Cited in 17
cases (3 in the last 5 years), 1981–2025 · leading case: Sturdivant v. BAC Home Loans Servicing, LP, 159 So. 3d 15 (Ala. Civ. App. 2011).
Sturdivant v. BAC Home Loans Servicing, LP, 159 So. 3d 15 (Ala. Civ. App. 2011). “” See § 35-10-8, Ala.Code 1975 (governing the notice required for a foreclosure sale).”
Sturdivant v. BAC Home Loans Servicing, 159 So. 3d 31 (Ala. 2013). “’ See § 35-10-8, Ala.Code 1975 (governing the notice required for a foreclosure sale).”
Ware v. Deutsche Bank Nat'l Trust Co., 1100822 (Ala. 6-17-2011), 75 So. 3d 1163 (Ala. 2011). “In this connection, she also argues that the “foreclosing entity failed to follow the notice requirement in accordance with Ala.Code § 35-10-8 (Ala. 2001) when it failed to list the correct information regarding the name of the entity and who was the current holder or *1171…”
Cottrell v. United States (In Re Cottrell), 213 B.R. 33 (M.D. Ala. 1997). “Section § 35-10-8 provides in Ml: "Notice of said sale shall be given in the manner provided in such mortgage or deed of trust or in this Code in the county where the mortgagor resides and the land, or a part thereof, is located; but, if said mortgagor does not reside in the…”
Byrd v. MorEquity, Inc., 94 So. 3d 378 (Ala. Civ. App. 2012). “2003) (accord); the existence of alleged irregularities in the published notice of the foreclosure sale, see § 35-10-8, Ala.Code 1975 (establishing contents of notice of foreclosure sale); the alleged agreement of MorEquity to forego foreclosure while the Byrds participated in…”
Hawkins v. LaSalle Bank, Nat'l Ass'n, 24 So. 3d 1143 (Ala. Civ. App. 2009). “Hawkins argued that LaSalle had failed to issue notice of the actual date of the foreclosure sale to the proper parties and that LaSalle had failed to publish notice of the actual date of the foreclosure sale three times as required by § 35-10-8, Ala.Code 1975. Hawkins further…”
Sturdivant v. BAC Home Loan Servicing, LP, 159 So. 3d 47 (Ala. Civ. App. 2013). “’ See § 35-10-8, Ala.Code 1975 (governing the notice required for a foreclosure sale).”
Fed. Deposit Ins. Corp. v. Morrison, 568 F. Supp. 1240 (N.D. Ala. 1983). “00 or more, shall be given by publication once a week for three successive weeks in some newspaper published in the county in which such land or any portion thereof is situated, and said notice of sale must give the time, place and terms of said sale, together with a description…”
Farris v. Jim Walter Homes, Inc., 519 So. 2d 1338 (Ala. 1988). “The proceedings were advertised in the Mobile County News on September 27, October 4, October 11, and October 18, 1984, in accordance with § 35-10-2 and § 35-10-8, Code of Ala. (1975). The announcements named the Wedgeworths as the mortgagors of record and listed R.”
Faith Cathedral Church of God in Christ v. Booker T. Washington Ins. Co., 481 So. 2d 369 (Ala. 1985). “The issue in this case is whether Code 1975, § 35-10-8, 1 allowing the sale of real property under a power of sale clause contained in a mortgage, after notice by publication only, is violative of the Fifth and Fourteenth Amendments to the United States Constitution.”
Davis v. Nat'l Homes Acceptance Corp., 523 F. Supp. 477 (N.D. Ala. 1981). “Thus, the only remaining issues are whether plaintiffs were released by NHAC from their obligation to repay the loan, and whether the foreclosure conducted by NHAC was invalid for failure to give the statutorily required notice.”
Reynolds v. Morton, 534 So. 2d 1052 (Ala. 1988). “Code 1975, § 6-8-62, in construing the time period for notice under § 35-10-8, the Court should similarly read § 6-8-66 as requiring a foreclosing mortgagee to mail to the mortgagor a copy of the newspaper in which notice is published.”
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