Asked in Bankruptcy for Alabama

Q: Filed chapter 7 In Alabama and quit paying on house afterwards, how long til we are firced to move

My parents quit paying on house a couple months after filing chapter 7, hiw ling do I have to get them out of the house before forclosure is final?

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2 Lawyer Answers
Kevin M Ryan
Kevin M Ryan
Answered
  • Bankruptcy Lawyer
  • Loxley, AL
  • Licensed in Alabama

A: Foreclosures in Alabama are nonjudicial, meaning the lender can foreclosure under a power of sale clause in the mortgage contract without going to court. You may receive various notices along the way, including a notice of sale. While you don't have a right to reinstate the loan in Alabama once foreclosure proceedings begin, you may be able to redeem the property after the sale under certain circumstances. The timing of these events are determined by the lender. Once initiated, the process can take as little as approximately 90 days.

Christopher Kern
Christopher Kern
Answered
  • Bankruptcy Lawyer
  • Mobile, AL
  • Licensed in Alabama

A: An important principle is involved here. Under Alabama law, the mortgagor (borrower) has one year to redeem a property after a foreclosure sale. Redemption is the right to buy back the property by paying the amount that it was sold for at the foreclosure sale. This right, however, is lost if a borrower fails to vacate the premises within ten days of demand made following the foreclosure sale. So, if a borrower wants to retain this right to redeem, that borrower must vacate. Otherwise, the borrower can technically stay on the premises until the mortgagee files an ejectment lawsuit to have the borrower evicted.

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