Code of Alabama
Ala. Code § 6-5-251 (2026)
Delivery of Possession to Purchaser on Demand.
✓ official Alabama Legislature (ALISON) text, current July 2026
(a) The possession of the land must be delivered to the purchaser or purchaser’s transferees by the debtor or mortgagor if in their possession or in the possession of anyone holding under them by privity of title, within 10 days after written demand for the possession has been made by, or on behalf of, the purchasers or purchaser’s transferees.
(b) If the land is in the possession of a tenant, written notice must be given to the debtor or mortgagor, and the debtor or mortgagor must direct the tenant to deliver possession or recognize the purchaser as his or her landlord in the event the lease antedates the mortgage, judgment, or levy. If the debtor or mortgagor cannot be found, notice to the tenant is sufficient and he must deliver possession within 10 days.
(c) Failure of the debtor or mortgagor or anyone holding possession under him or her to comply with the provisions of this section forfeits the right of redemption of the debtor or one holding possession under the debtor.
(Acts 1988, No. 88-441, p. 647, §5.)
Notes of Decisions
Cited in 31
cases (4 in the last 5 years), 1989–2025 · leading case: Hunt v. NationsCredit Fin. Servs. Corp., 902 So. 2d 75 (Ala. Civ. App. 2004).
Hunt v. NationsCredit Fin. Servs. Corp., 902 So. 2d 75 (Ala. Civ. App. 2004). “She also sought a temporary restraining order ("TRO") and a preliminary injunction to suspend the running of the time provided in § 6-5-251, Ala.Code 1975, for her to redeem the property and to prevent NationsCredit and Stanford Properties from making or recording any deed to…”
Thompson v. Wachovia Bank, Nat'l Ass'n, 39 So. 3d 1153 (Ala. Civ. App. 2009). “ortgage to Wachovia; that Wachovia had foreclosed the mortgage on September 24, 2007; that Wachovia had become the owner of the property by virtue of its purchasing the property at the foreclosure sale; that Wachovia, on September 25, 2007, had sent Katrenia, Jones, and Mitchell…”
In Re Parks, 193 B.R. 361 (Bankr. N.D. Ala. 1995). “On September 14, 1994, attorneys for the Movant mailed a certified, return receipt requested, 10-day demand letter to the Debtors advising the Debtors of their redemption rights under Code of Alabama 1975, § 6-5-251. (Movant’s Exhibit No.”
Steele v. Fed. Nat. Mortg. Ass'n, 69 So. 3d 89 (Ala. 2010). “, which apparently represented both Fannie Mae and Everhome Mortgage, sent the Steeles a certified letter demanding possession of the property and informing them, pursuant to § 6-5-251, Ala.Code 1975, that the failure to deliver possession of the property within 10 days would…”
In Re Sims, 185 B.R. 853 (Bankr. N.D. Ala. 1995). “See Ala.Code § 6-5-251 (1975); In re Ragsdale, 155 B.”
Com. Fed. Mortg. Corp. v. Smith, 170 B.R. 708 (N.D. Ala. 1994). “The parties agree that the debtor vacated the property within the ten days required under state law, thereby preserving his statutory right of redemption under Alabama Code § 6-5-251 (1993). 2 *710 Subsequent to the foreclosure sale, the Creditor instituted eviction proceedings…”
In Re McKinney, 174 B.R. 330 (Bankr. S.D. Ala. 1994). “Code of Alabama, § 6-5-251 (1975). The debtors remain in possession.”
Patterson v. GMAC Mortg., LLC, 176 So. 3d 845 (Ala. 2013). “See § 6-5-251, Ala.Code 1975. . " 'The remedy of strict foreclosure is in its theory and nature applicable to cases where the plaintiff holds title-as against the defendant and the latter has a mere "right” or “equity” of redemption the exercise of which may be "foreclosed.”
In Re Bruce Craig Smith, Debtor. Com. Fed. Mortg. Corp. v. Bruce Craig Smith, David P. Rogers, Jr., Chapter 13 Standing Tr., 85 F.3d 1555 (11th Cir. 1996). “Thus he preserved his statutory right of redemption under Alabama Code § 6-5-251 (1993). On December 29, 1993, Smith filed a voluntary Chapter 13 bankruptcy proceeding.”
In Re Ragsdale, 155 B.R. 578 (Bankr. N.D. Ala. 1993). “Ala.Code § 6-5-251 (1991). If the debtor does not vacate, the right to redeem is lost by operation of law.”
Liberty Bank & Trust Co. v. Danley (In re Danley), 552 B.R. 871 (Bankr. M.D. Ala. 2016). “CODE § 6-5-251; In re Read, 131 B.R. 188, 189 (Bankr.”
Sturdivant v. BAC Home Loans Servicing, LP, 159 So. 3d 15 (Ala. Civ. App. 2011). “4 On December 4, 2009, BAC sent a letter to Sturdivant notifying her of its purchase of the property at the December 1, 2009, foreclosure sale and demanding possession of the property pursuant to § 6-5-251, Ala.Code 1975. On appeal of the trial court’s summary judgment in favor…”
— Ala. Code § 6-5-251(a) — 6 cases
Thompson v. Wachovia Bank, Nat'l Ass'n, 39 So. 3d 1153 (Ala. Civ. App. 2009). “ortgage to Wachovia; that Wachovia had foreclosed the mortgage on September 24, 2007; that Wachovia had become the owner of the property by virtue of its purchasing the property at the foreclosure sale; that Wachovia, on September 25, 2007, had sent Katrenia, Jones, and Mitchell…”
Patterson v. GMAC Mortg., LLC, 176 So. 3d 845 (Ala. 2013). “See § 6-5-251, Ala.Code 1975. . " 'The remedy of strict foreclosure is in its theory and nature applicable to cases where the plaintiff holds title-as against the defendant and the latter has a mere "right” or “equity” of redemption the exercise of which may be "foreclosed.”
Steele v. Fed. Nat. Mortg. Ass'n, 69 So. 3d 89 (Ala. 2010). “, which apparently represented both Fannie Mae and Everhome Mortgage, sent the Steeles a certified letter demanding possession of the property and informing them, pursuant to § 6-5-251, Ala.Code 1975, that the failure to deliver possession of the property within 10 days would…”
McGowan v. Clayton, 679 So. 2d 1136 (Ala. Civ. App. 1996).
Patterson v. GMAC Mortg., LLC, 176 So. 3d 840 (Ala. Civ. App. 2012).
— Ala. Code § 6-5-251(c) — 1 case
Patterson v. GMAC Mortg., LLC, 176 So. 3d 840 (Ala. Civ. App. 2012).
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