Foreclosure is one of the most stressful challenges a homeowner can face. In Alabama, this process allows a lender to recover the remaining balance of a mortgage when a borrower has fallen behind on payments. Most foreclosures in the state are non-judicial, meaning they don’t always require a court proceeding. However, lenders must still follow strict procedures before they can sell your home.

For homeowners in Montgomery, understanding these legal steps — and your rights throughout the process — can make a critical difference. Knowing what lenders can and cannot do helps you take timely action to protect your property and financial future.

Your Right to Receive Proper Notice

Alabama law requires lenders to provide a Notice of Default or Notice of Sale before taking your home to auction. This written notice must be sent to your last known address and published in a local newspaper for at least three consecutive weeks before the foreclosure sale.

If your lender failed to provide these notices properly or did not allow sufficient time, this could be grounds for challenging the foreclosure. At Backus Law Group, we carefully review all lender communications to ensure your rights under Alabama law are upheld.

Your Right to Reinstate the Loan

Even if foreclosure proceedings have begun, you may still have the opportunity to reinstate your mortgage by paying the overdue balance, late fees, and other charges before the sale occurs. In many cases, negotiating directly with your lender or seeking legal intervention can help you halt the process and stay in your home.

An experienced foreclosure attorney can communicate with your lender, review your payment history, and determine whether reinstatement or a loan modification might be the right path for your situation.

Your Right to Redeem the Property

After a foreclosure sale, Alabama law grants homeowners a statutory right of redemption, allowing them to repurchase their home from the buyer within one year of the sale date. This right applies to certain types of mortgages and can be an essential option for homeowners looking to reclaim their property.

The redemption process involves paying the full purchase price plus allowable costs. Our legal team at Backus Law Group helps clients evaluate whether redemption is a realistic and beneficial option in their circumstances.

Your Right to Challenge an Unlawful Foreclosure

Not all foreclosures are conducted properly. Lenders sometimes fail to comply with notice requirements, miscalculate arrears, or engage in dual tracking (pursuing foreclosure while simultaneously negotiating loss mitigation).

If any of these actions occurred, you may have a valid claim to stop the foreclosure or seek damages. Attorney Gary Backus carefully examines every aspect of your case — from documentation to lender practices — to identify errors that could invalidate the process or strengthen your defense.

Your Right to Explore Bankruptcy Protection

Filing for Chapter 13 bankruptcy can immediately stop foreclosure through an automatic stay, which temporarily halts all collection efforts, including the sale of your home. Chapter 13 allows homeowners to restructure overdue mortgage payments over a three- to five-year repayment plan while keeping their property.

At Backus Law Group, we analyze your financial situation to determine whether Chapter 13 bankruptcy or another legal strategy could offer the best path to keeping your home.

How Backus Law Group Protects Your Rights

When you’re facing foreclosure, time is of the essence — and you need a lawyer who knows both the law and the local system. Gary Backus has years of experience helping Montgomery homeowners navigate foreclosure defense, bankruptcy, and lender negotiations.

We provide compassionate, hands-on representation, ensuring you understand every step of the process. Our mission is to empower you with knowledge, legal options, and strong advocacy to protect what matters most — your home and your peace of mind.