Section 35-10-11 Definitions. Unless the context otherwise requires, the words defined in this section shall have the following meanings when they appear in this article: (1) MORTGAGE. Any mortgage, deed of trust, or any other instrument intended to secure the payment of money, such as an instrument which includes a vendor’s lien. (2) MORTGAGEE. All […]
Section 35-10-12 Execution of foreclosure by power of sale; effect; indexing of deeds. Where a power to sell lands is given in any mortgage, the power is part of the security and may be executed by any person, or the personal representative of any person who, by assignment or otherwise, becomes entitled to the money […]
Section 35-10-13 Notice of sale; minimum standards. Notice of said sale shall be given in the county where said land is located. Notice of all sales under this article shall be given by publication once a week for three successive weeks in a newspaper published in the county or counties in which such land is […]
Section 35-10-14 Place and time for conducting foreclosure by power of sale. The power to sell lands under this article must be exercised at the appropriate courthouse door considered the front or main door to the courthouse, of the county where the mortgaged land or a substantial and material part thereof, is located. The sale […]
Section 35-10-15 Successive sales under power permitted. The sale of any part of the property conveyed by mortgage, deed of trust, or other instruments intended to secure the payment of money, either under a power of sale contained in a mortgage, or by a judicial foreclosure, shall operate as a foreclosure of the mortgage only […]
Section 35-10-16 Law governing applicability. Mortgages executed prior to January 1, 1989, shall be governed by article 1 of chapter 10, Title 35. This law shall apply only to mortgages executed after December 31, 1988. (Acts 1988, 1st Ex. Sess., No. 88-906, p. 479, §6.)
