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Alabama uses which security instrument?

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Question & Answer

Review the question and all answer choices

A

Deed of trust only

Alabama does not use deed of trust as its primary security instrument. Deeds of trust involve a third-party trustee and allow for non-judicial foreclosure, which is not the standard procedure in Alabama.

B

Mortgages

Correct Answer
C

Both mortgages and deeds of trust

While some properties might use alternative instruments, Alabama law primarily mandates mortgages as the standard security instrument for real estate financing, not both equally.

D

Land contracts only

Land contracts are installment sale agreements, not security instruments used for financing in Alabama. They represent a different method of transferring property ownership.

Why is this correct?

Alabama uses mortgages as its primary security instrument. Under Alabama law, a mortgage creates a direct lien on property with the borrower mortgagor and lender mortgagee, requiring judicial foreclosure proceedings if default occurs.

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