Mobile, AL asked in Foreclosure, Real Estate Law, Civil Rights and Probate for Alabama

Q: What can I do if my property was foreclosed, I’m in the redemption period but the new owner is refusing to take payment

2 Lawyer Answers
James L. Arrasmith
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Answered

A: If you're in the redemption period after a foreclosure and the new owner is refusing to accept your payment, you have several options:

1. Document everything: Keep detailed records of your attempts to make payments, including dates, times, and methods of contact.

2. Consult an attorney: A lawyer specializing in real estate or foreclosure law can advise you on your specific rights and options.

3. Contact the court: If the foreclosure was court-ordered, inform the court that the new owner is refusing your redemption payment.

4. File a motion: Your attorney may recommend filing a motion with the court to enforce your right of redemption.

5. Make a formal tender: Have your attorney make a formal tender of payment, which can help protect your rights.

6. Consider escrow: You might be able to deposit the redemption funds with the court or in an escrow account to show good faith.

7. Check state laws: Redemption rights and procedures vary by state, so ensure you're following your state's specific requirements.

8. Act quickly: Redemption periods are typically short, so address this issue as soon as possible.

9. Mediation: Some jurisdictions offer foreclosure mediation programs that could help resolve the issue.

10. Seek regulatory help: If the new owner is a bank or financial institution, you might file a complaint with the appropriate regulatory agency.

Paul  Burkett
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A: You should hire an experienced Alabama attorney to navigate the process. I do not regularly handle these matters but have done so in the past.

The code of Alabama states as follows as to your comments:

"SECTION 6-5-252 DEMAND FOR STATEMENT OF DEBT AND LAWFUL CHARGES BY PERSON ENTITLED TO REDEEM.

Anyone desiring and entitled to redeem may make written demand of the purchaser or his or her transferees for a statement in writing of the debt and all lawful charges claimed by him or her, and the purchaser or their transferees shall, within 10 days after the written demand, furnish the person making the demand with a written, itemized statement of all lawful charges claimed by him or her. The redeeming party must then tender all lawful charges to the purchaser or his or her transferee. If the purchaser or his or her transferee fails to furnish a written, itemized statement of all lawful charges within 10 days after demand, he or she shall forfeit all claims or right to compensation for improvements, and the party so entitled to redeem may, on the expiration of the 10 days, file his or her complaint without a tender to enforce his or her rights under this article and file a lis pendens with the probate court.

Tender or suit shall be made or filed within 180 days from foreclosure for residential property on which a homestead exemption was claimed in the tax year during which the foreclosure occurred, or within one year from foreclosure for all other property.

(Acts 1988, No. 88-441, p. 647, §6; Act 2015-79, §1.)"

Again, I do not handle these matters but, you should hire an experienced Alabama attorney to navigate the process.

Praying the best. Paulb

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