HB90 Alabama 2018 Session

Updated Feb 26, 2026

Notable

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 90 changes Alabama foreclosure rules by adjusting redemption periods, tightening notice-related deadlines, and adding a defense based on mailing proof.
What This Bill Does
Redemption after foreclosure is extended to 180 days for residential property with a homestead exemption (from the tax year of sale) and to one year for all other property (from the sale date). The redemption period for certain residential cases may begin after proper notice is given. Mortgagees must mail notice to the mortgagor at least 30 days before foreclosure by certified mail with proof, and the notice must be included in the required notice to comply with Section 35-10-13. Possession or production of proof of mailing the notice provides an affirmative defense in related actions. All actions related to the notice requirement must be filed within one year after foreclosure (instead of two years). Defective or missing notice does not invalidate the foreclosure or title transfer.

Who It Affects
Group 1: Debtors, mortgagors, transferees, and their spouses, children, heirs, or devisees — they gain extended or clarified rights to redeem property within the specified timeframes after foreclosure.
Group 2: Mortgagees and other foreclosing parties — they must send the required notice 30 days before foreclosure by certified mail with proof, and they face a shortened one-year deadline for any notice-related legal actions.

Key Provisions
Redemption window: residential property with a homestead exemption claimed in the tax year of sale may be redeemed within 180 days from the sale date (not before notice is given); all other property may be redeemed within one year from the sale date.
Notice timing and method: the mortgagee must mail notice to the mortgagor at least 30 days before foreclosure by certified mail with proof of mailing, and the notice must be included in the notice required under Section 35-10-13.
Affirmative defense: possession or production of the proof of mailing the notice constitutes an affirmative defense to any action related to the notice requirement.
Deadline for notice-related actions: actions related to the notice requirement must be brought within one year after the date of foreclosure (instead of two years).
Foreclosure validity: a defective notice or failure to give notice will not affect the validity of the foreclosure or transfer of title.

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