Necessary Party – Ejectment Action


Alavest, LLC v. Harris, [Ms. SC-2023-0414, Apr. 12, 2024] __ So. 3d __ (Ala. 2024). The Court (Stewart, J.; Parker, C.J., and Wise, Sellers, and Cook, JJ., concur) holds the mortgagee was a necessary party and reverses the Jefferson Circuit Court’s judgment declaring a foreclosure sale void in an ejectment action filed against the mortgagor by Alavest, LLC, the purchaser at the foreclosure sale.

The Court concludes that the mortgagee, New Rez, LLC, was a necessary party which should have been joined if feasible because the judgment impeded “New Rez’s ability to protect its interest by preventing it from defending the validity of the foreclosure proceedings and sale. See Rule 19(a)(2)(i). In addition, Alavest is now ‘subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations by reason of the claimed interest.’ Rule 19(a)(2)(ii).” Ms. *8.

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