Redemption From Tax Sale

Hamilton v. Guardian Tax AL, LLC, et al., [Ms. 1200048, May 28, 2021], ___ So. 3d ___ (Ala. 2021). The Court (Mendheim, J.; Parker, C.J., and Bolin, Shaw, Wise, Bryan, Sellers, and Stewart, JJ., concur; Mitchell, J., concurs specially) reverses the Jefferson Circuit Court’s judgment ejecting Shamblin Lane Hamilton from a residence on Brookmont Drive in Birmingham. It was undisputed that Shamblin had remained in sole possession of the residence at all times following his divorce from Carol as well as the subsequent tax sale of the property. Ms. *9.

The Court concludes that “the circuit court erred in determining that Carol redeemed the property through her settlement agreement with Guardian [the tax purchaser] and extinguished Shamblin’s right to redeem the property. For all that appears in the record, Shamblin possesses a right to redeem the property under § 40-10-83 by virtue of his being an owner in possession of the property. Therefore, the circuit court’s judgment is due to be reversed.” Ms. **31-32.

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