Public-domain · open source

Ala. Code § 35-10-51

Effect of Deed in Lieu of Foreclosure.

Applied in 1 court decision — leading case 683 F. Supp. 2d 1280 - Scott v. MOREQUITY, INC. (2009)

Most recently applied in 683 F. Supp. 2d 1280 - Scott v. MOREQUITY, INC. (December 2009)

(Acts 1987, No. 87-660, p. 1168, §2.)

A deed in lieu of foreclosure:

(1) Transfers to the mortgagee all right, title, and interest of the mortgagor in the mortgaged property, including, but not limited to, all rights of redemption, statutory or equitable, unless expressly otherwise provided therein;

(2) Does not effect a foreclosure of the mortgage covering the mortgaged property;

(3) Does not give rise to a statutory right of redemption in the mortgagor or in any other person;

(4) Does not result in a merger of the mortgagee’s rights with the mortgagor’s equity of redemption for any purpose; and

(5) Does not affect the rights or interests of any person or entity other than the mortgagor in the mortgaged property.

Official source: Alabama Legislature (ALISON). Reproduced from public-domain Alabama statutes; confirm against the official source for the current text. Not legal advice.