Givianpour v. Curtain, [Ms. 1130098, Oct. 24, 2014] __ So. 3d __ (Ala. 2014). A redemptioner
does not have to pay into court the amount necessary for redemption if
the statement of charges by the foreclosure purchaser includes a disputed
amount. Here, the property was rented before and after the foreclosure;
the tenant bankrupted and the debt for accrued rent was discharged; and
the foreclosure purchaser included the accrued rent as a charge in the
statement to the redemptioner. The accrued rent was only $4,950 out of
a statement of $351,925.10, made up of the purchase price, interest, insurance,
and ad valorem taxes in addition to the accrued rent. The circuit court
held that payment into court of the undisputed amounts was necessary to
give the circuit court jurisdiction over the redemption action and dismissed.
The Supreme Court found authority in cases for excusing the requirement
of payment into court of the redemption amount when some of the stated
charges are disputed, and "our cases provide that partial payment
for the undisputed amount is not required to invoke the jurisdiction of
the circuit court to receive a determination concerning the disputed amount."
Because the claim for rent as against the redemptioner was an unlawful
charge over which there was a bona fide disagreement, the redemptioner
had a valid excuse for failing to tender the redemption amount or pay
it into court.
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