Alabama Constitution Section 205 Homestead Exemption from Court-Ordered Sale for Debt Collection
Alabama Constitution – Section 205: Homestead Exemption from Court-Ordered Sale for Debt Collection
🔹 Summary:
Section 205 of the Alabama Constitution provides that a homestead (a person’s primary residence) is exempt from forced sale under any court judgment or decree for the payment of debts, with certain exceptions.
🏡 Key Provisions:
The homestead is protected from being sold by court order to satisfy most debts.
This protection applies only up to a certain value, which is determined by law (the value limit can change based on legislation).
The exemption does not apply to:
Mortgages or deeds of trust voluntarily given (e.g., home loans)
Liens for taxes
Mechanic’s or materialman’s liens (for unpaid work or materials on the property)
The head of a family (or an individual under certain conditions) can claim this exemption.
The exemption is designed to ensure people aren’t rendered homeless due to ordinary debt collections.
⚖️ Purpose:
This section is meant to protect family homes from being taken away because of unpaid debts, while still allowing creditors to pursue payment in specific, legally justified circumstances.
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