HB46 Alabama 2018 Session

Summary

Primary Sponsor

Kerry Rich

Republican

Session

Regular Session 2018

Title

Residential property, foreclosure, right-of-redemption, time period to redeem further provided for, notice requirement actions, affirmative defense, provided for, time frame for notice requirement actions, further provided for, Sec. 6-5-248 am'd.

Summary

HB 46 tightens and clarifies Alabama's post-foreclosure redemption rules, adds notice-and-proof requirements, and shortens related legal filing deadlines.

What This Bill Does

It changes the redemption window after foreclosure: for residential property with a homestead exemption, redemption can be exercised within 180 days from sale (starting after the required notice is mailed); for all other property, it can be exercised within one year from the sale (and not later than one year after foreclosure). It also requires mortgagees to mail notice at least 30 days before foreclosure by certified mail with proof of mailing, and makes proof of mailing an affirmative defense in notice-related actions. Finally, it narrows the deadline to bring actions about the notice from two years to one year after the foreclosure date.

Who It Affects

• Mortgagors, debtors, and their spouses, children, heirs, or transferees who have redemption rights, whose ability to redeem is now limited by a one-year maximum (or 180 days for homestead residential property) and begins only after proper notice is mailed.
• Mortgagees, lenders, and other creditors (including junior mortgagees and judgment creditors) who must send the notice, rely on proof of mailing, and may face tighter timing for related lawsuits.

Key Provisions

• Redemption period after foreclosure: 180 days from sale for residential property with a homestead exemption; 1 year from sale for all other property, with the clock starting when proper notice is given and a hard cap of one year after foreclosure.
• Notice requirement: the mortgagee must mail a notice to the mortgagor at least 30 days before the foreclosure date by certified mail with proof of mailing, and the notice must be included in the notice required by Section 35-10-13.
• Affirmative defense: possession or production of the proof of mailing constitutes an affirmative defense to any action related to the notice requirement.
• Actions related to notice: such actions must be brought within one year after the date of foreclosure (instead of two years), and defective or missing notice does not affect the validity of the foreclosure.

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