SB117 Alabama 2010 Session

Summary

Primary Sponsor

Larry Dixon

Republican

Session

Regular Session 2010

Title

Real property, mortgages, redemption after foreclosure or sale by virtue of judgment, time period reduced, Sec. 6-5-248 am'd.

Summary

SB117 would shorten Alabama's foreclosure redemption period from one year to 90 days and spell out who may redeem and how liens and priorities are affected.

What This Bill Does

It lowers the redemption window to 90 days from the sale date. It clarifies that debtors, mortgagors, guarantors, junior mortgagees, judgment creditors, transferees, and their spouses, children, heirs, or devisees can redeem within that period. If redemption occurs, higher-priority recorded judgments, mortgages, and liens are revived against the property and must be paid off; redemption by a party other than the debtor or mortgagor limits further redemption by that party. It also sets priority rules (mortgagor/debtor priority), and describes when redemption rights terminate due to conveyance of the debtors/mortgagors’ interests.

Who It Affects

• Debtors, mortgagors, guarantors, junior mortgagees, judgment creditors, transferees, and their spouses/children/ heirs/ devisees, who gain the right to redeem within a 90-day window after foreclosure.
• Creditors and holders of recorded liens or interests (such as judgment creditors, junior mortgagees, and their transferees) whose redemption triggers revival of higher-priority liens and creates charges to be paid at redemption.

Key Provisions

• Redemption period shortened to 90 days from the date of sale.
• Who may redeem includes debtors, mortgagors (even if not personally liable), sureties/guarantors, junior mortgagees, judgment creditors, transferees, and their spouses/children/heirs/devisees.
• If redemption occurs, all higher-priority recorded judgments, mortgages, and liens are revived and become lawful charges to be paid at redemption.
• Redemption by a party other than the debtor/mortgagor (and their immediate family) precludes further redemption by that party.
• Mortgagors and debtors have priority over other redeeming parties; mortgagor has priority over debtor.
• Redemption rights terminate when the debtor/mortgagor convey their interests and are released from liability, except if they remain liable on the debt.
• Effective date is the first day of the third month after passage (i.e., after governor approval).

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Property, Real and Personal