SB533 Alabama 2010 Session

Summary

Primary Sponsor

Rodger SmithermanSenator

Democrat

Co-Sponsor

Quinton Ross

Session

Regular Session 2010

Title

Foreclosures and redemption of real property, foreclosure notice, time period for redemption, Secs. 6-5-251, 8-1-172, 35-10-13 am'd.

Description

Under existing law, in certain circumstances, foreclosure notice consists of publication once a week for three consecutive weeks in a local newspaper.

Existing law does not require any additional notice to the borrower prior to foreclosure.

This bill would require a foreclosure notice for a residential property also to be mailed to the mortgagor containing the names of the parties to the mortgage, a legal description or street address of the property, the default, and the mortgagee's intent to proceed with foreclosure. This notice requirement would apply only to residential property and would not apply to commercial or agricultural property.

This bill would extend the time of the first newspaper publication of the notice of a foreclosure sale until 60 days after the notice is mailed to the mortgagor.

Under existing law, the mortgagor must surrender possession of property within 10 days of notice of the foreclosure sale to entitle the mortgagor to redeem real estate from purchasers.

This bill would extend the period of time that the possession of the real property must be delivered for purposes of preserving redemption rights to 20 days.

Under existing law, a tenant must surrender possession within 10 days of notice of foreclosure sale.

This bill would extend the time that the possession of the property must be delivered for purpose of preserving redemption to 60 days.

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Subjects

Mortgages