HB158 Alabama 2014 Session

Summary

Primary Sponsor

Wes Long

Republican

Session

Regular Session 2014

Title

Real property, redemption of property sold for nonpayment of taxes, foreclosure, or court judgment, time period reduced, partial prospective application, Secs. 6-5-248, 6-5-252, 8-1-172, 40-10-73, 40-10-74, 40-10-120 am'd.

Summary

HB158 would shorten the time to redeem real property after a sale for unpaid taxes, foreclosure, or a court judgment, with a phased, largely prospective application and certain exceptions for older sales.

What This Bill Does

For most foreclosures and judgments, it shortens the redemption period to 60 days, and for other applicable sales, to four months, with some existing sales exempted. The new time limits apply prospectively only; sales that occurred before the effective date stay under current law. The bill amends several Code sections (6-5-248, 6-5-252, 8-1-172, 40-10-73, 40-10-74, 40-10-120) to implement these changes and related procedures. It preserves the basic eligibility to redeem for debtors and their spouses/children/heirs, but tightens requirements on notices, charges, and lien priority when redemption happens.

Who It Affects

• Debtors and mortgagors (and their spouses, children, heirs) who have property to redeem, who face a shorter window to exercise redemption after sale.
• Mortgagees, junior mortgagees, judgment creditors, and their transferees, who may redeem and whose liens can be revived and paid off if redemption occurs.
• Purchasers at sale and their transferees, who must process redemption actions, receive required notices, and may face shorter redemption periods.
• Tax-sale purchasers and the state or their assignees, whose redemption rights and notice requirements are adjusted under the tax-sale provisions.

Key Provisions

• Redemption period shortened: 60 days for most sales and four months for other foreclosures or judgments, with exceptions for pre-date sales.
• Prospective application: changes do not apply to sales under a mortgage or judgment dated before the effective date, nor to pre-date tax or judgment sales.
• Liens and charges: when redemption occurs, higher-priority recorded judgments and liens are revived against the property and the redeeming party and must be paid off at redemption.
• Notice and charges: redeeming party may demand a written, itemized statement of charges; purchaser must provide it within 10 days, or the redeemer may proceed with enforcement and file lis pendens.
• Redemption and minors/insane persons: existing rights for minors or insane persons remain, with the same redemption framework; other parties’ rights may be precluded once redemption occurs.
• Effective date: the act becomes effective immediately upon passage and approval by the Governor (or otherwise becomes law).

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Property, Real and Personal