Category Archives: Foreclosure

Foreclosure

Alabama Supreme Court sides with home owners in most recent decision dealing with redemption after foreclosure. Alabamians have the right to buy back their foreclosed property within one year of the sale. However, they must pay the purchase price plus any lawful charges. Here the foreclosed property owners disputed the lawful charges, and filed an action to determine the correct amount of redemption. But they failed to pay into the court the undisputed charges which is required by Ala. Code 1975, ยง 6-5-256. The court dismissed their action to contest the charges and redeem the property. The Alabama Supreme Court citing the equitable nature of redemption, sided with the redeemer and stated that a bona fide disagreement over lawful charges is all that is required to have the court determine the redemption amount. See Supreme Court of Alabama, October Term, 2014-2015, 1130098, Cameron Givianpour v. Thomas J. Curtain, Sr., Appeal from Jefferson Circuit Court (CV-12-900647).