Code of Alabama
Ala. Code § 35-10-9 (2026)
Sales Contrary to Article Null and Void.
✓ official Alabama Legislature (ALISON) text, current July 2026
All sales of real estate, made under powers contained in mortgages or deeds of trust contrary to the provisions of this article, shall be null and void, notwithstanding any agreement or stipulation to the contrary.
(Code 1923, §9018; Code 1940, T. 47, §172.)
Notes of Decisions
Cited in 7
cases (1 in the last 5 years), 2011–2023 · 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). “) Furthermore, § 35-10-9, Ala.Code 1975, provides that “[a]U sales of real estate, made under powers contained in mortgages or deeds of trust contrary to the provisions of [statutory law governing the power of sale pursuant to the terms of a mortgage], shall be null and void,'…”
Ware v. Deutsche Bank Nat'l Trust Co., 1100822 (Ala. 6-17-2011), 75 So. 3d 1163 (Ala. 2011). “’ ” (Quoting Ala.Code 1975, § 35-10-9.) Therefore, she argued, “because the Lender, Option One, did not publish the notice,” the mortgage was breached, which breach rendered the foreclosure sale invalid.”
Perry v. Fed. Nat'l Mortg. Ass'n, 100 So. 3d 1090 (Ala. Civ. App. 2012). “He bases that argument on § 35-10-9, Ala.Code 1975, which provides: “All sales of real estate, made under powers contained in mortgages or deeds of trust contrary to the provisions of this article, shall be null and void, notwithstanding any agreement or stipulation to the…”
Cong. v. U.S. Bank, N.A., 98 So. 3d 1165 (Ala. Civ. App. 2012). “Bank failed to follow statutory notice requirements set out in Ala.Code 1975, § 35-10-9, because it did not list the current identity of the holder or owner of the note and mortgage and because it stated that U.”
Byrd v. MorEquity, Inc., 94 So. 3d 378 (Ala. Civ. App. 2012). “3d at — (quoting § 35-10-9, Ala.Code 1975, which provides that “[a]ll sales of real estate, made under powers contained in mortgages or deeds of trust contrary to the provisions of [statutory law governing the power of sale pursuant to the terms of a mortgage], shall be null and…”
Patterson v. GMAC Mortg., LLC, 176 So. 3d 840 (Ala. Civ. App. 2012). “3d at 20 (citing § 35-10-9, Ala.Code 1975). • This court held that, because the foreclosure sale was invalid, BAC Home Loans had no legal title on which to base it claim in ejectment and, as a result, that BAC' Home Loans lacked standing to assert' its ejectment’ action.”
Stacey Littlefield & Scott Littlefield v. Terry Daniel Smith, Staci Herring Smith, & Planet Home Lending, LLC (Appeal from Jefferson Circuit Court: CV-20-902963). (Ala. 2023). “1 Thus, according to Planet, even if the notice letters did not comply with the mortgage's notice 1Although this Court's language in Appelbaum and Vick using the term "voidable" appears to be in facial tension with the "null and void" language of § 35-10-9, we do not address…”
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