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Joe OHara
  • Flipper/Rehabber
  • Bentonville, AR
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Alabama 10-day statutory notice regarding right of redemption

Joe OHara
  • Flipper/Rehabber
  • Bentonville, AR
Posted Feb 9 2024, 09:37

Is there any online legal sites that I can obtain the wording or form to do the 10-day statutory notice regarding right of redemption to remove the prior owners for a foreclosure I bought at auction. I contacted multiple local attorneys with no response, and I can't get a response from the Montgomery County Sheriff's office. I live out of state, so I can't go to the Sheriff's office in person.

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Greg Parker
Property Manager
  • Realtor
  • Montgomery, AL
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Greg Parker
Property Manager
  • Realtor
  • Montgomery, AL
Replied Feb 10 2024, 05:58

Ask @Denise Evans.

She can help.

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Denise Evans
Pro Member
  • Real Estate Broker
  • Tuscaloosa, AL
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Denise Evans
Pro Member
  • Real Estate Broker
  • Tuscaloosa, AL
Replied Feb 10 2024, 08:40

There is no form. It can be as simple as "I am now the foreclosure owner of your former property at _________________.  This is your statutory 10-day notice to vacate the property and remove all possessions you want.  If it appears you have already moved some place else, I will secure the property immediately so you cannot gain entry, but you can contact me within that 10 days and make an appointment to remove personal property and surrender your keys." 

Provide your name and address. Do your best to actually get it to the former owner.  Mail  one copy by certified mail to the property address. Maybe they have a forwarding order in place.  Mail one copy by regular mail to the property address. Post one copy on all entry doors.  If you can find them on Facebook, send them a private FB message that says the same thing.

Put a battery-operated deer camera in an inconspicuous place at the end of Day 10, so you can have proof if they come back.  Or, since you are out of state, a wireless cell service router such as Verizon, and a camera, and monitor from where you are. You can set it up so you will get a cell phone alert when the camera senses motion. Be sure to record any entry into the property after the 10 days expires.

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User Stats

552
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Greg Parker
Property Manager
  • Realtor
  • Montgomery, AL
459
Votes |
552
Posts
Greg Parker
Property Manager
  • Realtor
  • Montgomery, AL
Replied Feb 10 2024, 16:37

Good tip about the camera.  Thanks Denise.

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7
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Joe OHara
  • Flipper/Rehabber
  • Bentonville, AR
1
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7
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Joe OHara
  • Flipper/Rehabber
  • Bentonville, AR
Replied Feb 12 2024, 11:58

If they don't move after the 10 days, do I go to the Sheriff's office to file to have them evicted?

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Denise Evans
Pro Member
  • Real Estate Broker
  • Tuscaloosa, AL
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Denise Evans
Pro Member
  • Real Estate Broker
  • Tuscaloosa, AL
Replied Feb 16 2024, 05:47

@Joe OHara, you must file an ejectment lawsuit in Circuit Court of the county where the property is located.  If the occupants are tenants of the former owner, and if the property is being used as a residence, then they might be protected by the Protecting Tenants After Foreclosure Act. That would allow them to stay until lease end, provided they pay their rent and are not otherwise in default.  If you research the PTFA, disregard information saying it expired, or was due to expire. The 2009 Act had sunset provisions with automatic expiration. It was extended several times, but then did expire. But, it was later resurrected and the sunset provisions removed.  Bottom line, it DID expire, but then it revived and is now in effect.