HB90 Alabama 2018 Session
Signed by Governor
Bill Summary
Sponsors
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.
Description
<p class="bill_description"> Under existing law, a person with the right
to redeem residential property has 180 days to
exercise that right when the property is sold
pursuant to any execution, judgment, or foreclosure
sale. Notice of a mortgagor's right to redeem
residential property in foreclosure must be mailed
by the mortgagee at least 30 days prior to the
foreclosure date by certified mail with proof of
mailing. The 180-day right of redemption period
does not begin to run until notice is given in
accordance with state law</p><p class="bill_description">
This bill would provide that a right of
redemption cannot be exercised later than one year
after the date of foreclosure</p><p class="bill_description">
This bill would also provide that possession
or production of the proof of mailing of the notice
would constitute an affirmative defense to any
action related to the notice requirement</p><p class="bill_description">
Existing law also requires all actions
related to the notice requirement be brought within
two years after the date of foreclosure, or the
action is barred</p><p class="bill_description">
This bill would limit the time frame in
which actions related to the notice requirement can
be brought to one year after the date of
foreclosure</p><p class="bill_entitled_an_act"> To amend Section 6-5-248, Code of Alabama 1975,
relating to the right of redemption on residential property;
to further provide for the right of redemption period after a
foreclosure; to provide that the proof of mailing of the
notice would constitute an affirmative defense to notice
requirement actions; and to limit the time frame in which
notice requirement actions can be brought.
</p>
Subjects
Property, Real and Personal
Bill Actions
| Action Date | Chamber | Action |
|---|---|---|
| February 15, 2018 | H | Assigned Act No. 2018-126. |
| February 15, 2018 | H | Delivered to Governor at 10:08 a.m. on February 15, 2018. |
| February 15, 2018 | H | Clerk of the House Certification |
| February 13, 2018 | H | Enrolled |
| February 13, 2018 | S | Signature Requested |
| February 13, 2018 | H | Passed Second House |
| February 13, 2018 | S | Motion to Read a Third Time and Pass adopted Roll Call 393 |
| February 13, 2018 | S | Third Reading Passed |
| February 1, 2018 | S | Read for the second time and placed on the calendar |
| January 18, 2018 | S | Read for the first time and referred to the Senate committee on Banking and Insurance |
| January 18, 2018 | H | Motion to Read a Third Time and Pass adopted Roll Call 50 |
| January 18, 2018 | H | Third Reading Passed |
| January 11, 2018 | H | Read for the second time and placed on the calendar |
| January 9, 2018 | H | Read for the first time and referred to the House of Representatives committee on Insurance |
Bill Calendar
| Type | Date | Location | Description |
|---|---|---|---|
| Hearing | January 31, 2018 | Room 320 at 11:30 | Senate B&I Hearing |
| Hearing | January 10, 2018 | Room 410 at 10:30 | House INS Hearing |
Bill Text
Bill Votes
Bill Documents
| Type | Link |
|---|---|
| Bill Text | HB90 Alabama 2018 Session - Introduced |