Effect of Enforcement by Mortgagee

Ala. Code § 6-6-804 — under Title 6.

Ala. Code § 6-6-804

A request by a mortgagee for appointment of a receiver, the appointment of a receiver, or application by a mortgagee of receivership property or proceeds to the secured obligation does not do any of the following: (1) Make the mortgagee a mortgagee in possession of the real property.

(2) Make: a. The mortgagee an agent of the owner, receiver, or mortgagor;

b. The owner an agent of the mortgagee, receiver, or mortgagor; c. The receiver an agent of the mortgagee, owner, or mortgagor; or d. The mortgagor an agent of the owner, mortgagee, or receiver. (3) Constitute an election of remedies that precludes a later action to enforce the secured obligation. (4) Make the secured obligation unenforceable. (5) Limit any right available to the mortgagee with respect to the secured obligation.

History: (Act 2024-380, §25.)