Alaska Statutes
Alaska Stat. § 34.20.090 (2026)
Title, interest, possessory rights, and redemption
✓ current as of July 2026
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Sec. 34.20.090. Title, interest, possessory rights, and redemption.
(a) The sale and conveyance transfers all title and interest that the party executing the deed of trust had in the property sold at the time of its execution, together with all title and interest that party may have acquired before the sale, and the party executing the deed of trust or the heirs or assigns of that party have no right or privilege to redeem the property, unless the deed of trust so declares.
(b) The purchaser at a sale and the heirs and assigns of the purchaser are, after the execution of a deed to the purchaser by the trustee, entitled to the possession of the premises described in the deed as against the party executing the deed of trust or any other person claiming by, through or under that party, after recording the deed of trust in the recording district where the property is located.
(c) A recital of compliance with all requirements of law regarding the mailing or personal delivery of copies of notices of default in the deed executed under a power of sale is prima facie evidence of compliance with the requirements. The recital is conclusive evidence of compliance with the requirements in favor of a bona fide purchaser or encumbrancer for value and without notice.
(a) The sale and conveyance transfers all title and interest that the party executing the deed of trust had in the property sold at the time of its execution, together with all title and interest that party may have acquired before the sale, and the party executing the deed of trust or the heirs or assigns of that party have no right or privilege to redeem the property, unless the deed of trust so declares.
(b) The purchaser at a sale and the heirs and assigns of the purchaser are, after the execution of a deed to the purchaser by the trustee, entitled to the possession of the premises described in the deed as against the party executing the deed of trust or any other person claiming by, through or under that party, after recording the deed of trust in the recording district where the property is located.
(c) A recital of compliance with all requirements of law regarding the mailing or personal delivery of copies of notices of default in the deed executed under a power of sale is prima facie evidence of compliance with the requirements. The recital is conclusive evidence of compliance with the requirements in favor of a bona fide purchaser or encumbrancer for value and without notice.
Notes of Decisions
Cited in 19
cases (2 in the last 5 years), 1970–2025 · leading case: Rosenberg v. Smidt, 727 P.2d 778 (Alaska 1986).
Rosenberg v. Smidt, 727 P.2d 778 (Alaska 1986). “The parties also dispute whether AS 34.20.090(c) protects the Rosenbergs as bona fide purchasers without notice of possible defects in the foreclosure sale notifications.”
Bauman v. Day, 892 P.2d 817 (Alaska 1995). “Two of the main purposes of AS 34.20.090 are (1) to protect the foreclosure sale purchaser, and (2) to ensure a fair bid price.”
Bibi v. Elfrink, 408 P.3d 809 (Alaska 2017). “080 and AS 34.20.090, Bibi’s interest in her former home had been extinguished and Elfrink was entitled to title and possession.”
Bankr. Est. of Burnett, Waldock & Padgett Investments v. C.B.S. Realty, 668 P.2d 819 (Alaska 1983). “AS 34.20.090(a) provides that a purchaser at a deed of trust sale takes the same title which the maker of the trust deed had at the time the instrument was executed.”
Alaska Tr., LLC v. Ambridge, 372 P.3d 207 (Alaska 2016). “trustee may sell the property for condition broken”); AS 34.20.090(a) (stating non-judicial foreclosure sale “transfers all title and interest that the party executing the deed of trust had in the property”).”
Alsop v. Alaska (In Re Alsop), 14 B.R. 982 (Bankr. D. Alaska 1981). “AS 34.20.090. Title, interest, possessory rights and redemption.”
Welcome v. Jennings, 780 P.2d 1039 (Alaska 1989). “AS 34.20.090 provides in part: (a) The sale and conveyance transfers all title and interest that the party executing the deed of trust had in the property sold at the time of its execution, together with all title and interest that party may have acquired before the sale, and…”
Young v. Embley, 143 P.3d 936 (Alaska 2006). “See AS 34.20.090(a): The sale and conveyance transfers all title and interest that the party executing the deed of trust had in the property sold at the time of its execution, together with all title and interest that party may have acquired before the sale, and the party…”
Mark Thomas v. Joseph P. Casteel Trust, 496 P.3d 403 (Alaska 2021). “9 See AS 34.20.090(a) (“[Foreclosure] sale and conveyance transfers all title and interest that the party executing the deed of trust had in the property sold at the time of its execution .”
Winn v. Mannhalter, 708 P.2d 444 (Alaska 1985). “The Mannhalters contend the foreclosure did not affect the lease extension because Partnership’s deed states it is subject to recorded and unrecorded leases.”
Adams v. FedAlaska Fed. Credit Union, 757 P.2d 1040 (Alaska 1988). “AS 34.20.090; Burnett, Waldock & Padgett Inv.”
Fireman's Fund Mortg. Corp. v. Allstate Ins. Co., 838 P.2d 790 (Alaska 1992). “AS 34.20.090(a)-(c); See Nystrom v. Buckhom Homes, Inc.”
— Alaska Stat. § 34.20.090(a) — 15 cases
Bauman v. Day, 892 P.2d 817 (Alaska 1995). “Two of the main purposes of AS 34.20.090 are (1) to protect the foreclosure sale purchaser, and (2) to ensure a fair bid price.”
Bankr. Est. of Burnett, Waldock & Padgett Investments v. C.B.S. Realty, 668 P.2d 819 (Alaska 1983). “AS 34.20.090(a) provides that a purchaser at a deed of trust sale takes the same title which the maker of the trust deed had at the time the instrument was executed.”
Alaska Tr., LLC v. Ambridge, 372 P.3d 207 (Alaska 2016). “trustee may sell the property for condition broken”); AS 34.20.090(a) (stating non-judicial foreclosure sale “transfers all title and interest that the party executing the deed of trust had in the property”).”
Alsop v. Alaska (In Re Alsop), 14 B.R. 982 (Bankr. D. Alaska 1981). “AS 34.20.090. Title, interest, possessory rights and redemption.”
Young v. Embley, 143 P.3d 936 (Alaska 2006). “See AS 34.20.090(a): The sale and conveyance transfers all title and interest that the party executing the deed of trust had in the property sold at the time of its execution, together with all title and interest that party may have acquired before the sale, and the party…”
— Alaska Stat. § 34.20.090(b) — 2 cases
Welcome v. Jennings, 780 P.2d 1039 (Alaska 1989). “AS 34.20.090 provides in part: (a) The sale and conveyance transfers all title and interest that the party executing the deed of trust had in the property sold at the time of its execution, together with all title and interest that party may have acquired before the sale, and…”
Bibi v. Elfrink, 408 P.3d 809 (Alaska 2017). “080 and AS 34.20.090, Bibi’s interest in her former home had been extinguished and Elfrink was entitled to title and possession.”
— Alaska Stat. § 34.20.090(c) — 2 cases
Rosenberg v. Smidt, 727 P.2d 778 (Alaska 1986). “The parties also dispute whether AS 34.20.090(c) protects the Rosenbergs as bona fide purchasers without notice of possible defects in the foreclosure sale notifications.”
Mark Thomas v. Joseph P. Casteel Trust, 496 P.3d 403 (Alaska 2021). “9 See AS 34.20.090(a) (“[Foreclosure] sale and conveyance transfers all title and interest that the party executing the deed of trust had in the property sold at the time of its execution .”
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