Claiming surplus funds in Etowah County
Surplus from sales in Etowah County is held by the county office that conducted the sale, typically the clerk, auditor, or treasurer. We confirm the holding office before anything is filed.
Ala. Code Title 35, Chapter 10 governs mortgage foreclosure; §§ 35-10-11 to 35-10-16 govern power of sale for mortgages executed after December 31, 1988. Alabama case law governs entitlement to foreclosure surplus, and there is no separate statutory foreclosure-surplus claim period. Under the relevant contract limitations statutes, Ala. Code §§ 6-2-34 and 6-2-33, an unsealed-mortgage contractual claim generally has a six-year period and a sealed-instrument claim may have a ten-year period. The foreclosure property-redemption deadline is separate.