(a) Where real estate, or any interest therein, is sold, it may be redeemed by:
(1) Any debtor, including any surety or guarantor.
(2) Any mortgagor, even if the mortgagor is not personally liable for payment of a debt.
(3) Any junior mortgagee, or its transferee.
(4) Judgment creditor, or its transferee.
(5) Any transferee of the interests of the debtor or mortgagor, either before or after the sale. A transfer of any kind made by the debtor or mortgagor will accomplish a transfer of the interests of that party.
(6) The respective spouses of all debtors, mortgagors, or transferees of any interest of the debtor or mortgagor, who are spouses on the day of the execution, judgment, or foreclosure sale.
(7) Children, heirs, or devisees of any debtor or mortgagor.
(b) All persons named or enumerated in subdivisions (a)(1) through (a)(7) may exercise the right of redemption granted by this article within 180 days from the date of the sale for residential property on which a homestead exemption was claimed in the tax year during which the sale occurred, or within one year from the date of the sale for all other property.
(c)(1) When any judgment creditor or junior mortgagee or any transferee of a judgment creditor or a junior mortgagee redeems under this article, all recorded judgments, recorded mortgages, and recorded liens having a higher recorded priority in existence at the time of the sale are revived against the real estate redeemed and against the redeeming party and such shall become lawful charges pursuant to Section 6-5-253(a)(4) to be paid off at redemption.
(2) Once any lienholder, recorded judgment creditor, or junior mortgagee is paid the amount of the person’s debt and any accrued interest and other contractual charges, the person has no further right to redeem.
(3) Any lienholder, recorded judgment creditor, or junior mortgagee with a lower recorded priority may redeem from those having a higher recorded priority who have redeemed.
(d) When any debtor, mortgagor, their transferees, their respective spouses, children, heirs, or devisees redeem, all recorded judgments, recorded mortgages, and recorded liens in existence at the time of the sale are revived against the real estate redeemed and against the redeeming party and further redemption by some party other than the mortgagor or debtor under this article is precluded.
(e)(1) When any debtor or mortgagor conveys his or her interest in property subject to a mortgage prior to sale wherein he or she is released from liability for the debt, his or her right of redemption under this article is terminated. In the same manner, the right of redemption granted under this article to the spouses, children, heirs, or devisees of debtors or mortgagors terminates when the debtors or mortgagors have conveyed their interests in the property and are released from liability for the debt.
(2) However, where debtors or mortgagors have conveyed their interests in the property but remain liable on the debt and are debtors at the date of the foreclosure sale, the debtors and mortgagors retain their right of redemption under this article and in the same manner, their spouses, children, heirs, or devisees continue to be entitled to the right of redemption under this article.
(f) A redemption made by any person under this article, other than the debtors or mortgagors and their respective spouses, children, heirs, or devisees, shall preclude any further redemption by the person.
(g) Subject to subsection (e), a mortgagor and debtor have priority over any other redeeming party and a mortgagor has priority over a debtor.
(h) The mortgagee who forecloses residential property on which a homestead exemption was claimed in the tax year during which the sale occurred shall give notice to the mortgagor who signed the mortgage in substance as follows: “Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process.” This notice shall be mailed to the mortgagor at the address of the property subject to foreclosure at least 30 days prior to the foreclosure date by certified mail with proof of mailing. This notice also shall be included in the notice required pursuant to Section 35-10-13. For foreclosed residential property on which a homestead exemption was claimed in the tax year during which the sale occurred, the period of time during which a right of redemption may be exercised shall not begin until notice is given in accordance with this subsection; provided that under no circumstances may a right of redemption be exercised later than one year after the date of foreclosure. A defective notice, or the failure to give notice, will not affect the validity of the foreclosure, including the transfer of title to the property. Possession or production of the proof of mailing of this notice shall constitute an affirmative defense to any action related to the notice requirement. All actions related to the notice requirement must be brought within one year after the date of foreclosure or the action shall be barred.
(Acts 1988, No. 88-441, p. 647, §2; Act 2015-79, p. 283, §1; Act 2018-126, §1.)
Notes of Decisions
Cited in
52
cases (
9 in the last 5 years), 1990–2025 · leading case:
Browning v. Palmer, 4 So. 3d 524 (Ala. Civ. App. 2008).
Browning v. Palmer, 4 So. 3d 524 (Ala. Civ. App. 2008).
· cites it 18× “" The circuit court also noted that the right to redeem under § 6-5-248 had expired after one year, [6] and it stated: "It seems contrary to the intent of the statute to permit title to be voidable beyond the one-year redemption period based solely on the price that was paid at…”
Deutsche Bank Nat'l Trust Co. v. Citibank, N.A., 806 F. Supp. 2d 1212 (M.D. Ala. 2011).
· cites it 19× “Code § 6-5-248 (a). The statute also provides that when any debtor or mortgagor conveys his interest in property subject to a mortgage prior to sale and is released from liability for the debt, the right of redemption is terminated.”
In Re Sims, 185 B.R. 853 (Bankr. N.D. Ala. 1995).
· cites it 4× “The description of the conveyance of the lands sold at the foreclosure sale vesting legal title in the purchaser, Alabama Code (1975) Section 35-10-1, and the right to redeem after the property is sold, Alabama Code (1975) Section 6-5-248, convinces the Court that Alabama law…”
Se. Enter., Inc. v. Byrd, 720 So. 2d 873 (Ala. 1998).
· cites it 9× “See Ala.Code 1975, § 6-5-248. SEI gave notice of redemption to the Byrds and demanded a written statement of the debt and all lawful charges claimed by the Byrds.”
Steven Chess v. Wade Burt., 87 So. 3d 1201 (Ala. Civ. App. 2011).
· cites it 11× “) Given (1) that Diane’s equity of redemption was an interest in the property that could be conveyed before the foreclosure and (2) that § 6-5-248(a) provides that “[a] transfer of any kind” by the mortgagor “will accomplish a transfer of the interests of that party,” we…”
In Re McKinney, 174 B.R. 330 (Bankr. S.D. Ala. 1994).
· cites it 3× “Section 6-5-248 states in pertinent part: (a) Where real estate, or any interest therein, is sold the same may be redeemed by: (1) Any debtor, including any surety or guarantor.”
Greene v. Assocs. (In Re Green), 248 B.R. 583 (Bankr. N.D. Ala. 2000).
· cites it 6× “Code § 1879 (1887); 1876 Ala.Code § 2877 (1877); 1867 Ala.Code § 2509 (1867); 1852 Ala.”
Kern v. Taylor (In re Taylor), 551 B.R. 506 (Bankr. M.D. Ala. 2016).
“CODE § 6-5-248(b). . "This rule applies when one or more shareholders or members of a corporation or an unincorporated association bring a derivative action to enforce a right that the corporation or association may properly assert but has failed to enforce.”
Bockman v. WCH, LLC, 943 So. 2d 789 (Ala. 2006).
“emiums paid or owed by the purchaser "(4) Any other valid lien or encumbrance paid or owned by such purchaser or his or her transferee or if the redeeming party is a judgment creditor or junior mortgagee or any transferee thereof, then all recorded judgments, recorded mortgages…”
Peacock v. Clay, 831 So. 2d 33 (Ala. Civ. App. 2001).
· cites it 3× “See § 6-5-248(b). Peacock argued before the trial court that his proposed amendment related back to the date the complaint was originally filed (November 24, 1999), but the trial court held, instead, relying on Manning v.”
— Ala. Code § 6-5-248(5) — 1 case
— Ala. Code § 6-5-248(a) — 6 cases
Browning v. Palmer, 4 So. 3d 524 (Ala. Civ. App. 2008).
“" The circuit court also noted that the right to redeem under § 6-5-248 had expired after one year, [6] and it stated: "It seems contrary to the intent of the statute to permit title to be voidable beyond the one-year redemption period based solely on the price that was paid at…”
In Re McKinney, 174 B.R. 330 (Bankr. S.D. Ala. 1994).
“Section 6-5-248 states in pertinent part: (a) Where real estate, or any interest therein, is sold the same may be redeemed by: (1) Any debtor, including any surety or guarantor.”
In Re Sims, 185 B.R. 853 (Bankr. N.D. Ala. 1995).
“The description of the conveyance of the lands sold at the foreclosure sale vesting legal title in the purchaser, Alabama Code (1975) Section 35-10-1, and the right to redeem after the property is sold, Alabama Code (1975) Section 6-5-248, convinces the Court that Alabama law…”
Steven Chess v. Wade Burt., 87 So. 3d 1201 (Ala. Civ. App. 2011).
“) Given (1) that Diane’s equity of redemption was an interest in the property that could be conveyed before the foreclosure and (2) that § 6-5-248(a) provides that “[a] transfer of any kind” by the mortgagor “will accomplish a transfer of the interests of that party,” we…”
— Ala. Code § 6-5-248(a)(1) — 1 case
— Ala. Code § 6-5-248(a)(2) — 1 case
Deutsche Bank Nat'l Trust Co. v. Citibank, N.A., 806 F. Supp. 2d 1212 (M.D. Ala. 2011).
“Code § 6-5-248 (a). The statute also provides that when any debtor or mortgagor conveys his interest in property subject to a mortgage prior to sale and is released from liability for the debt, the right of redemption is terminated.”
— Ala. Code § 6-5-248(a)(4) — 1 case
Deutsche Bank Nat'l Trust Co. v. Citibank, N.A., 806 F. Supp. 2d 1212 (M.D. Ala. 2011).
“Code § 6-5-248 (a). The statute also provides that when any debtor or mortgagor conveys his interest in property subject to a mortgage prior to sale and is released from liability for the debt, the right of redemption is terminated.”
— Ala. Code § 6-5-248(a)(5) — 5 cases
Steven Chess v. Wade Burt., 87 So. 3d 1201 (Ala. Civ. App. 2011).
“) Given (1) that Diane’s equity of redemption was an interest in the property that could be conveyed before the foreclosure and (2) that § 6-5-248(a) provides that “[a] transfer of any kind” by the mortgagor “will accomplish a transfer of the interests of that party,” we…”
Deutsche Bank Nat'l Trust Co. v. Citibank, N.A., 806 F. Supp. 2d 1212 (M.D. Ala. 2011).
“Code § 6-5-248 (a). The statute also provides that when any debtor or mortgagor conveys his interest in property subject to a mortgage prior to sale and is released from liability for the debt, the right of redemption is terminated.”
— Ala. Code § 6-5-248(a)(7) — 2 cases
— Ala. Code § 6-5-248(a)(l) — 2 cases
Deutsche Bank Nat'l Trust Co. v. Citibank, N.A., 806 F. Supp. 2d 1212 (M.D. Ala. 2011).
“Code § 6-5-248 (a). The statute also provides that when any debtor or mortgagor conveys his interest in property subject to a mortgage prior to sale and is released from liability for the debt, the right of redemption is terminated.”
— Ala. Code § 6-5-248(b) — 16 cases
Browning v. Palmer, 4 So. 3d 524 (Ala. Civ. App. 2008).
“" The circuit court also noted that the right to redeem under § 6-5-248 had expired after one year, [6] and it stated: "It seems contrary to the intent of the statute to permit title to be voidable beyond the one-year redemption period based solely on the price that was paid at…”
Kern v. Taylor (In re Taylor), 551 B.R. 506 (Bankr. M.D. Ala. 2016).
“CODE § 6-5-248(b). . "This rule applies when one or more shareholders or members of a corporation or an unincorporated association bring a derivative action to enforce a right that the corporation or association may properly assert but has failed to enforce.”
Peacock v. Clay, 831 So. 2d 33 (Ala. Civ. App. 2001).
“See § 6-5-248(b). Peacock argued before the trial court that his proposed amendment related back to the date the complaint was originally filed (November 24, 1999), but the trial court held, instead, relying on Manning v.”
In Re Sims, 185 B.R. 853 (Bankr. N.D. Ala. 1995).
“The description of the conveyance of the lands sold at the foreclosure sale vesting legal title in the purchaser, Alabama Code (1975) Section 35-10-1, and the right to redeem after the property is sold, Alabama Code (1975) Section 6-5-248, convinces the Court that Alabama law…”
— Ala. Code § 6-5-248(c) — 7 cases
Se. Enter., Inc. v. Byrd, 720 So. 2d 873 (Ala. 1998).
“See Ala.Code 1975, § 6-5-248. SEI gave notice of redemption to the Byrds and demanded a written statement of the debt and all lawful charges claimed by the Byrds.”
Bockman v. WCH, LLC, 943 So. 2d 789 (Ala. 2006).
“emiums paid or owed by the purchaser "(4) Any other valid lien or encumbrance paid or owned by such purchaser or his or her transferee or if the redeeming party is a judgment creditor or junior mortgagee or any transferee thereof, then all recorded judgments, recorded mortgages…”
— Ala. Code § 6-5-248(d) — 8 cases
Steven Chess v. Wade Burt., 87 So. 3d 1201 (Ala. Civ. App. 2011).
“) Given (1) that Diane’s equity of redemption was an interest in the property that could be conveyed before the foreclosure and (2) that § 6-5-248(a) provides that “[a] transfer of any kind” by the mortgagor “will accomplish a transfer of the interests of that party,” we…”
Deutsche Bank Nat'l Trust Co. v. Citibank, N.A., 806 F. Supp. 2d 1212 (M.D. Ala. 2011).
“Code § 6-5-248 (a). The statute also provides that when any debtor or mortgagor conveys his interest in property subject to a mortgage prior to sale and is released from liability for the debt, the right of redemption is terminated.”
— Ala. Code § 6-5-248(e) — 1 case
Deutsche Bank Nat'l Trust Co. v. Citibank, N.A., 806 F. Supp. 2d 1212 (M.D. Ala. 2011).
“Code § 6-5-248 (a). The statute also provides that when any debtor or mortgagor conveys his interest in property subject to a mortgage prior to sale and is released from liability for the debt, the right of redemption is terminated.”
— Ala. Code § 6-5-248(g) — 1 case
Deutsche Bank Nat'l Trust Co. v. Citibank, N.A., 806 F. Supp. 2d 1212 (M.D. Ala. 2011).
“Code § 6-5-248 (a). The statute also provides that when any debtor or mortgagor conveys his interest in property subject to a mortgage prior to sale and is released from liability for the debt, the right of redemption is terminated.”
— Ala. Code § 6-5-248(h) — 2 cases
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