Code of Alabama
Ala. Code § 6-5-247 (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 found in this article:
(1) SALE or SOLD. Any execution, judgment, or foreclosure sale, whether the sale is made under any power of sale in any mortgage or deed of trust or statutory power of sale, or by virtue of any judgment in any court of competent jurisdiction.
(2) 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.
(3) JUNIOR MORTGAGE. Any mortgage, deed of trust, or any other instrument intended to secure the payment of money by the transfer of an interest in real property, such as a conveyance which includes a vendor’s lien, which are lower in priority than the foreclosed mortgage or lien.
(Acts 1988, No. 88-441, p. 647, §1.)
Notes of Decisions
Cited in 19
cases (3 in the last 5 years), 1991–2025 · leading case: Pavilion Dev. v. Jbj P'ship, 979 So. 2d 24 (Ala. 2007).
Pavilion Dev. v. Jbj P'ship, 979 So. 2d 24 (Ala. 2007). “" In May 1997 JBJ filed a motion for a summary judgment, asserting two principal grounds: (1) that Tracey had no authority on March 13, 1997, to make the assignment, and (2) that Lary had failed to comply with various statutory prerequisites in § 6-5-247 et seq., Ala.Code 1975,…”
In Re McKinney, 174 B.R. 330 (Bankr. S.D. Ala. 1994). “” Code of Alabama, § 6-5-247(1) (1975). The statutory right of redemption arises when the foreclosure sale occurs.”
E.B. Investments, L.L.C. v. Pavilion Dev., L.L.C., 212 So. 3d 149 (Ala. 2016). ““On March 1, 1997, Gallop, acting through Tracey, sent a letter to JBJ stating that Gallop intended to exercise its statutory right of redemption, see § 6-5-247 et seq., Ala.Code 1975, and to redeem the 19 acres it had lost in foreclosure.”
In Re Sims, 185 B.R. 853 (Bankr. N.D. Ala. 1995). “Alabama Code (1975) Section 6-5-247(1). D. In the case at bar RHCDS held a foreclosure sale on May 19, 1995.”
In Re Parks, 193 B.R. 361 (Bankr. N.D. Ala. 1995). “Code of Alabama 1975, § 6-5-247 through § 6-5-257.”
Cottrell v. United States (In Re Cottrell), 213 B.R. 378 (Bankr. M.D. Ala. 1996). “Code section 6-5-247 defines "sale” as "foreclosure sale.”
Pavilion Dev., L.L.C. v. JBJ P'ship, 142 So. 3d 535 (Ala. 2013). ““On March 1, 1997, Gallop, acting through Tracey, sent a letter to JBJ stating that Gallop intended to exercise its statutory right of redemption, see § 6-5-247 et seq., Ala.Code 1975, and to redeem the 19 acres it had lost in foreclosure.”
Eb Investments v. Pavilion Dev., 1091666 (Ala. 8-5-2011), 77 So. 3d 133 (Ala. 2011). “On March 1, 1997, Gallop, acting through Tracey, sent a letter to JBJ stating that Gallop intended to exercise its statutory right of redemption, see § 6-5-247 et seq., Ala.Code 1975, and to redeem the 19 acres it had lost in foreclosure.”
Lynn v. Dodge., 727 So. 2d 89 (Ala. Civ. App. 1997). “The express language of § 6-5-247, Ala.Code 1975, which defines the term “sale” for the purposes of the Code sections dealing with the right of redemption, does not expressly require that a judicial sale be confirmed.”
Peacock v. Clay, 831 So. 2d 33 (Ala. Civ. App. 2001). “See § 6-5-247, Ala.Code 1975 (stating that the right of redemption may be exercised within one year of the date of the sale).”
Deutsche Bank Nat'l Trust Co. v. Citibank, N.A., 806 F. Supp. 2d 1212 (M.D. Ala. 2011). “Code § 6-5-247 et seq. The statute lists the following as the parties which may redeem when real estate is sold through foreclosure: any debtor; any mortgagor; any junior mortgagee; a judgment creditor; any transferee of the interests of the debtor or mortgagor; the respective…”
Steven Chess v. Wade Burt., 87 So. 3d 1201 (Ala. Civ. App. 2011). “’ ‘[I]n order to redeem under the [redemption] statute[s][, § 6-5-247 et seq., Ala.Code 1975] one must either aver a payment or tender of all the amounts required by the statute, or show a valid excuse for failure to do so.”
— Ala. Code § 6-5-247(1) — 3 cases
In Re McKinney, 174 B.R. 330 (Bankr. S.D. Ala. 1994). “” Code of Alabama, § 6-5-247(1) (1975). The statutory right of redemption arises when the foreclosure sale occurs.”
In Re Sims, 185 B.R. 853 (Bankr. N.D. Ala. 1995). “Alabama Code (1975) Section 6-5-247(1). D. In the case at bar RHCDS held a foreclosure sale on May 19, 1995.”
600, L.L.C. v. Virani, 88 So. 3d 831 (Ala. 2012).
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