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PROPERTY - GIVIANPOUR V. CURTAIN

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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