The statutory rights of redemption given or conferred by this article are mere personal privileges and not property or property rights. The privileges must be exercised in the mode and manner prescribed by statute and may not be waived in a deed of trust, judgment, or mortgage, or in any agreement before foreclosure or execution sale. The right of privilege conferred under this article is not subject to levy and sale under execution or attachment nor is it subject to alienation except in the cases provided for in this article; but if the right or privilege is perfected by redemption as provided in this article, then, and not until then, it becomes property or rights of property subject to levy, sale, alienation, or other disposition, except as is expressly authorized by statute.
(Acts 1988, No. 88-441, p. 647, §4.)
Notes of Decisions
Cited in
11
cases, 1991–2017 · leading case:
In Re McKinney, 174 B.R. 330 (Bankr. S.D. Ala. 1994).
In Re McKinney, 174 B.R. 330 (Bankr. S.D. Ala. 1994).
· cites it 2× “Code of Alabama, § 6-5-250 (1975). Jim Walter Homes, Inc.”
Pavilion Dev. v. Jbj P'ship, 979 So. 2d 24 (Ala. 2007).
“See § 6-5-250, Ala.Code 1975 (providing, in pertinent part, that the right of redemption "may not be waived in a deed of trust, judgment, or mortgage, or in any agreement before foreclosure or execution sale").”
In Re Sims, 185 B.R. 853 (Bankr. N.D. Ala. 1995).
“Code of Alabama (1975) Section 6-5-250 characterizes the statutory right of redemption as a mere personal privilege and not a property right.”
Greene v. Assocs. (In Re Green), 248 B.R. 583 (Bankr. N.D. Ala. 2000).
· cites it 2× “Ala.Code § 6-5-250 (1993). Unlike Alabama’s current treatment of its statutory right of redemption for real estate, Alabama has had an unswerving common law vision of what is the equity of redemption.”
In Re Moore, 290 B.R. 851 (Bankr. N.D. Ala. 2003).
· cites it 2× “Ala. Code § 6-5-250 (1993); Sea Commercial Federal Mtg.”
Turner v. DeKalb Bank (In Re Turner), 209 B.R. 558 (Bankr. N.D. Ala. 1997).
“In addressing' the issue of whether § 1322(b) of the Bankruptcy Code would allow for such modification, the Eleventh Circuit was again faced with a property of the estate issue.”
In Re Detter, 141 B.R. 221 (Bankr. M.D. Ala. 1991).
“Code § 6-5-250 (1975). See Federal Deposit Ins.”
J.D.H. v. A.M.H., 123 So. 3d 979 (Ala. Civ. App. 2013).
“See also § 6-5-250, Ala.Code 1975, which provides: “The statutory rights of redemption given or conferred by this article are mere personal privileges and not property or property rights.”
First Fin. Bank v. Cs Assets, LLC, 678 F. Supp. 2d 1216 (S.D. Ala. 2010).
· cites it 2× “” Ala.Code § 6-5-250. Second, the statute undeniably has an equitable component.”
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