A lender in Huntsville has completed a judicial foreclosure sale on a residential property. The borrower wants to know the difference between the equitable right of redemption and the statutory right of redemption under Alabama law. Which statement correctly distinguishes the two?
Correct Answer
A) The equitable right exists before the foreclosure sale; the statutory right exists for one year after the sale
In Alabama, the equitable right of redemption (also called equity of redemption) is the borrower's right to pay off the debt and stop foreclosure at any time before the foreclosure sale is completed. Once the sale occurs, this equitable right is extinguished. The statutory right of redemption, established under Code of Alabama §6-5-248, is a separate right that arises after the foreclosure sale and allows the former owner to redeem the property within one year by paying the sale price plus costs.
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Previous Question
Marcus purchased a home in Birmingham with a mortgage loan. He later defaulted, and the lender completed a judicial foreclosure sale on March 15, 2024. Under Alabama law, until what date does Marcus retain the statutory right to redeem his property?
Next Question
Sandra is a real estate agent in Mobile who recently helped a client purchase a home using a conventional mortgage. Her client asks whether the lender could have used a deed of trust instead of a mortgage as the security instrument. How should Sandra correctly advise her client regarding Alabama law?