Alabama § 35-10-2 Sale Under Power Where Instrument Silent as to Place or Terms of Sale

Alabama Statutes

§ 35-10-2 — Sale Under Power Where Instrument Silent as to Place or Terms of Sale

Alabama § 35-10-2

Title 35Property

Ch. 10Mortgages

Art. 1Powers Contained in Mortgages

This text of Alabama § 35-10-2 (Sale Under Power Where Instrument Silent as to Place or Terms of Sale) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 35-10-2 (2026).

Text

If a deed of trust or mortgage, with power of sale, is silent as to the place or terms of sale, or as to the character or mode of notice, a sale may be made at the courthouse door of the county wherein the land is situated, after condition broken, for cash to the highest bidder, after 30 days’ notice of the time, place and terms of sale by publishing such notice once a week for four consecutive weeks in a newspaper published in the county wherein said lands or property in said mortgage or deed of trust are situated.

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If a deed of trust or mortgage, with power of sale, is silent as to the place or terms of sale, or as to the character or mode of notice, a sale may be made at the courthouse door of the county wherein the land is situated, after condition broken, for cash to the highest bidder, after 30 days’ notice of the time, place and terms of sale by publishing such notice once a week for four consecutive weeks in a newspaper published in the county wherein said lands or property in said mortgage or deed of trust are situated.