A sheriff’s deed is a deed that transfers or conveys title (ownership rights) in property purchased at a sheriff’s sale. A sheriff’s sale is typically ordered by a court after a person or entity fails to pay a court judgment against them (a judgment debtor) or when the property is the subject of a mortgage foreclosure.
Laws vary from state to state, but a debtor whose property is the subject of a mortgage foreclosure that was sold at a sheriff’s sale may have the right to redeem the property or the right to redemption of the property—paying the amount due and keeping the property—until confirmation of the sale is signed by the judge and filed by the court. This redemption period is usually defined by state statute and may be referred to as a statutory redemption period.
The lender (bank) that is foreclosing on the mortgage is often the high bidder that purchases the property at a sheriff’s sale. If another party is the high bidder at the sheriff’s sale, the lender (bank) may be able to get a deficiency judgment against the debtor (borrower or mortgagor) if the sale amount isn’t enough to pay the balance of the debt—depending on the state’s law.
In Alabama, a sheriff's deed is a legal document that transfers ownership of property sold at a sheriff's sale, which is typically the result of a court-ordered sale due to a failure to pay a court judgment or as part of a mortgage foreclosure process. Alabama law provides a right of redemption for debtors whose property has been sold at a sheriff's sale. This means that the debtor has the opportunity to reclaim their foreclosed property by paying the full amount owed before the sale is confirmed by a judge and the confirmation is filed. In Alabama, the statutory redemption period is one year from the date of sale for residential property and six months for non-residential property, as per Alabama Code § 6-5-247 to § 6-5-257. If the property is purchased by the lender at the sheriff's sale and the sale amount does not cover the outstanding mortgage debt, the lender may seek a deficiency judgment against the debtor to recover the remaining balance, subject to certain limitations and conditions under Alabama law.