Alabama § 35-10-3 - Foreclosure When Instrument Contains No Power of Sale.
Full text of Alabama Code of Alabama § 35-10-3 — Foreclosure When Instrument Contains No Power of Sale., with citation guidance and answers to common questions.
§ 35-10-3. Foreclosure When Instrument Contains No Power of Sale.
If no power of sale is contained in a mortgage or deed of trust, the grantee or any assignee thereof, at his option, after condition broken, may foreclose same either in a court having jurisdiction of the subject matter, or by selling for cash at the courthouse door of the county where the property is situated, to the highest bidder, the lands embraced in said mortgage or deed of trust, after notice of the time, place, terms, and purpose of such sale has been given by four consecutive weekly insertions of such notice in some newspaper published in the county wherein said lands, or a portion thereof are situated.
Source: official Alabama text · Last verified 2026-08-27
Frequently Asked Questions About Alabama § 35-10-3
What does Code of Alabama § 35-10-3 cover?
Section 35-10-3 ("Foreclosure When Instrument Contains No Power of Sale.") is part of the Code of Alabama, the codified statutory law of Alabama. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Alabama § 35-10-3?
A common citation format is "Code of Alabama § 35-10-3" (Alabama). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Alabama law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Alabama official source linked on this page or consult a licensed Alabama attorney.
How does Alabama § 35-10-3 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Alabama can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Alabama.