Alabama HOA Foreclosure Timeline Calculator — § 35-10-13 Power-of-Sale (Three-Week Publication; § 6-5-247 One-Year Redemption)

How this calculator works

This is a procedural-deadline projector for Alabama HOA and condominium assessment-lien foreclosures. Given the default date and any of the procedural milestones (notice of default, first publication, targeted sale), it returns:

1. The DAYS DELINQUENT count from default to the reference date.
2. The RECOMMENDED DEMAND-LETTER and STATEMENT-OF-LIEN dates (60 and 90 days from default, best-practice).
3. The EARLIEST PERMISSIBLE SALE DATE — first publication + 21 days under Ala. Code § 35-10-13 three-successive-weeks rule.
4. The RECOMMENDED FIRST-PUBLICATION DATE — targeted sale - 21 days.
5. The ONE-YEAR REDEMPTION END DATE under Ala. Code § 6-5-247 et seq. (sale + 365 days).
6. The procedural posture (pre-default, pre-demand, pre-notice, publication-running, sale-completed-redemption-running, redemption-expired).

The calculator computes calendar days using UTC date math to avoid time-zone drift. Provide the reference date for backward-looking memos so the posture is computed against the actual relevant date.

Use the tool before instructing the trustee to begin publication, during the publication window to confirm the sale date is permissible, and immediately after the sale to calendar the one-year redemption expiration.

The relevant Ala. Code § 35-8A statute

The Alabama Uniform Condominium Act lives at Ala. Code § 35-8A-101 et seq. The assessment-lien framework at § 35-8A-316 contemplates enforcement in the same manner as a mortgage on real property — which in Alabama defaults to the nonjudicial power-of-sale regime at Ala. Code § 35-10-1 et seq. The Alabama HOA Act at Ala. Code § 35-20-1 et seq. governs non-condominium homeowners associations and uses the same § 35-10 power-of-sale enforcement mechanics when the declaration grants a power of sale.

§ 35-10-1 — Power of sale in mortgages. A mortgage with power of sale may be foreclosed by exercise of the power of sale without a judicial proceeding. This is the foundational authorization for nonjudicial foreclosure.

§ 35-10-2 — Sale must be in compliance with the terms of the mortgage and with the statutory requirements as to notice and conduct of the sale. Procedural compliance is mandatory; defective procedure exposes the sale to wrongful-foreclosure challenge.

§ 35-10-3 — Courthouse-door sale procedure. The sale must be at the courthouse door of the county where the property is located, between 11:00 AM and 4:00 PM on the day designated in the publication of notice. The sale is a public auction to the highest bidder for cash.

§ 35-10-13 — Three-successive-weeks publication. The sale notice must be published once a week for three successive weeks in a newspaper published in the county where the property is located. The sale must occur on or after the day following the third publication — effectively a 21-day minimum from first publication. This is the operative publication requirement for most Alabama HOA and condominium foreclosures.

§ 6-5-247 et seq. — One-year statutory right of redemption. The former owner (and certain other parties under § 6-5-248) has 365 days from the foreclosure sale to redeem the property by paying the foreclosure-sale purchaser the bid price plus statutory additions.

§ 6-5-248 — Permitted redemptioners include the former owner, the surviving spouse of the former owner, tenants in common with the former owner, junior mortgagees of record, and judgment creditors with recorded judgments at sale.

§ 6-5-252 — Redemption procedure. The redemptioner makes a written demand for a statement of the redemption amount; the purchaser must respond within 10 days; if the purchaser refuses or disputes the redemption amount, the redemptioner may deposit the disputed amount with the court and the court resolves the dispute.

Alabama-specific gotchas (nonjudicial power-of-sale, one-year right of redemption under § 6-5-247, no CAM licensure)

ALABAMA DOES NOT FORMALLY LICENSE CAMs. Unlike Florida (Fla. Stat. § 468.431 LCAM), Nevada (NRS 116A CAM), and DC (CICM), Alabama has NO state-level licensure requirement for community association managers. Alabama CAMs operate without a state licensure regime; many managers hold general real-estate-broker licenses under Ala. Code § 34-27-30 et seq. but no statute compels CAM-specific licensure. Practical consequence: Alabama HOA and condominium boards bear primary responsibility for foreclosure compliance and the calculator (with statute citations) is intended as a tool the board can use directly without a licensed CAM intermediary.

THREE-SUCCESSIVE-WEEKS PUBLICATION IS THE OPERATIVE NOTICE. The § 35-10-13 three-successive-weeks publication is the statutory floor for sale notice; the sale must occur on or after the day following the third publication. Most Alabama trustees use exactly three weekly publications with the sale on day 22 from the first publication; some build cushion with 28 or 30 days. Defective publication (wrong newspaper, missed week, inadequate description) is a recurring source of wrongful-foreclosure challenges. Confirm the newspaper qualifies as one published in the county and that all three publications run on consecutive weekly intervals.

COURTHOUSE-DOOR SALE BETWEEN 11 AM AND 4 PM. § 35-10-3 specifies the time and place of sale. The sale must be at the courthouse door of the county where the property is located, between 11 AM and 4 PM. Auctioneers typically conduct multiple sales on the same day at a single courthouse. Confirm the sale time falls within the statutory window; a sale outside the window risks invalidation.

ONE-YEAR REDEMPTION PERIOD MATERIALLY AFFECTS TITLE. § 6-5-247 et seq. gives the former owner and other permitted redemptioners 365 days from the foreclosure sale to redeem the property. New owners take subject to the redemption right; title insurance, financing, and resale are all materially affected during the redemption period. Permitted redemptioners under § 6-5-248 include the former owner, surviving spouse, tenants in common, junior mortgagees of record, and judgment creditors with recorded judgments at sale. The redemption amount equals the foreclosure-sale bid price plus statutory additions (taxes, insurance, reasonable repairs, interest).

TAX-SALE REDEMPTION IS THREE YEARS, NOT ONE. Ala. Code § 40-10-120 gives a THREE-YEAR redemption period after a tax sale. Different regime from the one-year nonjudicial-foreclosure redemption under § 6-5-247. The calculator addresses only the one-year nonjudicial-foreclosure redemption. For tax-sale matters, use a different tool.

SIX-MONTH SUPER-PRIORITY SURVIVES SENIOR-MORTGAGEE FORECLOSURE. For condominium associations under § 35-8A, the six-month super-priority under § 35-8A-316(b) survives the senior-mortgagee foreclosure as a payment-priority right against the trustee-sale proceeds. The sub-priority portion is wiped out. For HOA Act associations (non-condominium), no super-priority applies and the senior-mortgagee foreclosure typically wipes out the entire HOA lien. Practical mitigation: monitor senior-mortgage foreclosure filings and assert the super-priority claim against the trustee-sale proceeds.

ALABAMA DOES NOT REQUIRE A RECORDED NOTICE OF DEFAULT. Unlike California (Cal. Civ. Code § 2924), Oregon (ORS 86.752), and Nevada (NRS 107.080), Alabama does NOT require a formally recorded notice of default under § 35-10-1. The notice is delivered to the debtor under the declaration mechanic. The publication under § 35-10-13 is the public notice that gates the sale. Practitioners often still record the appointment-of-trustee or notice for diligence purposes, but it is not the procedural gate that the recorded notice is in deed-of-trust-notice states.

EJECTMENT IS THE POST-SALE POSSESSION REMEDY. If the former owner does not vacate after the foreclosure sale, the new owner commences an ejectment action under Ala. Code § 6-6-280 et seq. (or related detinue or unlawful-detainer remedies). The ejectment action is filed in circuit court. Note that during the one-year redemption period, some courts require the purchaser to wait out the redemption when the former owner remains in possession and asserts intent to redeem.

What this calculator does NOT model

The calculator implements the Alabama power-of-sale procedural-deadline math. It does NOT:

• Validate the form of the declaration power-of-sale clause or confirm trustee authorization.
• Validate the form or content of the publication under § 35-10-13.
• Compute redemption-amount math (bid price plus statutory additions).
• Project the circuit-court judicial-foreclosure docket — timing varies widely by county.
• Compute the six-month super-priority claim under § 35-8A-316(b) — use the Alabama Condo Assessment Lien Super-Priority Calculator for that.
• Model the bankruptcy-stay rules or post-petition assessment treatment.
• Apply the Alabama HOA Act § 35-20 priority framework (no super-priority) versus the § 35-8A condominium super-priority.
• Handle judicial-foreclosure procedural milestones (complaint, service, answer, default, decree, sheriff sale).
• Validate the ejectment-action procedure under § 6-6-280 et seq.
• Apply the tax-sale three-year redemption under § 40-10-120 (different regime).

For any consequential foreclosure or post-sale possession action, retain Alabama counsel with § 35-10 and § 6-5-247 experience to oversee the procedural compliance review.

Sources

Last reviewed: 2026-05-17 against:

• Alabama Uniform Condominium Act, Ala. Code § 35-8A-101 et seq.
• Ala. Code § 35-8A-316 (association lien framework — enforcement in the same manner as a mortgage).
• Ala. Code § 35-10-1 (power of sale in mortgages — nonjudicial foreclosure authorization).
• Ala. Code § 35-10-2 (sale must comply with terms of mortgage and statutory requirements).
• Ala. Code § 35-10-3 (courthouse-door sale procedure — 11 AM to 4 PM window).
• Ala. Code § 35-10-8 (mortgage silent on notice — once-weekly-for-three-successive-weeks publication).
• Ala. Code § 35-10-13 (three-successive-weeks publication requirement).
• Ala. Code § 6-5-247 et seq. (one-year statutory right of redemption after nonjudicial foreclosure).
• Ala. Code § 6-5-248 (list of permitted redemptioners).
• Ala. Code § 6-5-252 (redemption procedure and deposit-with-court mechanic).
• Ala. Code § 40-10-120 (Alabama tax-sale three-year redemption — different regime).
• Ala. Code § 6-6-280 et seq. (Alabama ejectment regime).
• Alabama HOA Act at Ala. Code § 35-20-1 et seq.
• Alabama State Bar Real Property, Probate and Trust Law Section practitioner materials on power-of-sale foreclosure.