HB256 Alabama 2015 Session

Summary

Primary Sponsor

Ken Johnson

Republican

Session

Regular Session 2015

Title

Real property, foreclosures on homesteads, redemption period reduced, Secs. 6-5-248, 6-5-252, 8-1-172 am'd.

Summary

HB256 would shorten the redemption period to 90 days for certain residential properties with homestead exemptions in Alabama foreclosures, while leaving other properties at 1 year.

What This Bill Does

For residential property with a homestead exemption claimed in the tax year of the sale or foreclosure, the redemption period is reduced from 1 year to 90 days. For all other property, the redemption period remains 1 year. The change applies to foreclosures or sales under mortgage or judgment after the act takes effect, with some pre-date sales exempt (prospective operation).

Who It Affects

• Homeowners or their spouses, children, heirs, or other transferees of an owner who have the right to redeem residential property with a homestead exemption within 90 days after sale or foreclosure.
• Creditors and lienholders (mortgagees, judgment creditors, junior mortgagees, and their transferees) who redeem, as well as other parties with redemption rights, who must act within the shorter 90-day window for homestead properties or within 1 year for other properties.

Key Provisions

• Redemption period reduced to 90 days for residential property with a homestead exemption claimed in the tax year of the sale or foreclosure.
• Redemption period remains 1 year for all other property not meeting the homestead exception.
• The bill amends Sections 6-5-248, 6-5-252, and 8-1-172 to implement these changes.
• If redemption occurs, higher-priority recorded judgments, mortgages, and liens are revived and must be paid off at redemption; other lienholders may redeem from those with higher priority who redeemed.
• The act is prospective; it does not apply to sales before the effective date and applies to new foreclosures or sales after the act, with a specific provision for partial prospective operation.
• Effective immediately following passage and governor approval.

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