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A borrower in Alabama defaults on their mortgage. The lender's attorney advises that foreclosure can proceed without filing a court action, using the power of sale clause in the deed of trust. This indicates that Alabama is primarily what type of foreclosure state?

Uniform State Test (UST) · 11% of the SAFE exameasy

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Correct answer: A non-judicial foreclosure state — foreclosure can proceed through a power of sale clause without court involvement

Alabama is primarily a non-judicial foreclosure state, meaning lenders can foreclose using the power of sale clause contained in the deed of trust without filing a lawsuit or obtaining a court order. The process involves providing notice to the borrower and conducting a public sale. This is faster and less expensive than judicial foreclosure. Judicial foreclosure states require the lender to file a lawsuit and obtain a court judgment before selling the property. Strict foreclosure (used in only a few states like Connecticut and Vermont) allows the court to transfer title directly to the lender without a sale. There is no such thing as a statutory foreclosure requiring legislative approval — this is a fabricated distractor.

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