Where a power to sell lands is given in any mortgage, the power is part of the security and may be executed by any person, or the personal representative of any person who, by assignment or otherwise, becomes entitled to the money thus secured. A conveyance of the lands sold under such power of sale to the purchaser at the sale may be executed by the mortgagee, their agents, attorneys or any person making the sale. Such conveyance vests the legal title of the lands sold under the power of sale to the purchaser at the sale. Probate judges shall index foreclosure deeds by the name of the original grantor and grantee in the mortgage, deed of trust, or other conveyance intended to secure the payment of money, and also by the names of the grantor and grantee in the foreclosure deed.
Ala. Code § 35-10-12
Execution of Foreclosure by Power of Sale; Effect; Indexing of Deeds.
Applied in 3 court decisions — leading case James Graveling v. Bank United N.A. (2015)
Most recently applied in Summerlin v. Shellpoint Mortgage Services (February 2016)
(Acts 1988, 1st Ex
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Official source: Alabama Legislature (ALISON). Reproduced from public-domain Alabama statutes; confirm against the official source for the current text. Not legal advice.