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Section 35-10-1 Power of sale constitutes part of security; by whom executed; effect of conveyance; index of foreclosure deeds. Section 35-10-2 Sale under power where instrument silent as to place or terms of sale. Section 35-10-3 Foreclosure when instrument contains no power of sale.
§ 35-10-12. Execution of foreclosure by power of sale; effect; indexing of deeds. § 35-10-13. Notice of sale; minimum standards.
The Spouse's Share in Alabama In Alabama, if you are married and you die without a will, what your spouse gets depends on whether or not you have living parents or children. If you don't, then your spouse inherits all of your intestate property.
Notice of said sale shall be given in the county where said land is located. Notice of all sales under this article shall be given by publication once a week for three successive weeks in a newspaper published in the county or counties in which such land is located.
However, under certain circumstances, deficiency judgments aren't allowed after judicial foreclosures in some states. From a lender's perspective, a deed of trust is usually better because it can foreclose more quickly for less money using a nonjudicial process if the borrower stops making payments.
A partial release is a mortgage provision that allows some of the collateral to be released from a mortgage after the borrower pays a certain amount of the loan. Lenders require proof of payment, a survey map, appraisal, and a letter outlining the reason for the partial release.
In Alabama, Arizona, Arkansas, Illinois, Kentucky, Maryland, Michigan, Montana and South Dakota, the lender has the choice of either a mortgage or deed of trust. In any other state, you must have a mortgage.
(a) A mortgagee shall not initiate a foreclosure proceeding pursuant to this chapter against the surviving spouse or the estate of a mortgagor who is a service member who dies while deployed overseas on active duty military service for at least 180 days following the death of the service member; provided that the ...