(a) Anyone entitled and desiring to redeem real estate under the provisions of this article must also pay or tender to the purchaser or his or her transferee the purchase price paid at the sale, with interest at the rate allowed to be charged on money judgments as set forth in Section 8-8-10 (as it is now or hereinafter may be amended), and all other lawful charges, also with interest as aforesaid; lawful charges are the following:
(1) Permanent improvements as prescribed herein.
(2) Taxes paid or assessed.
(3) All insurance premiums paid or owed by the purchaser.
(4) Any other valid lien or encumbrance paid or owned by such purchaser or his or her transferee or if the redeeming party is a judgment creditor or junior mortgagee or any transferee thereof, then all recorded judgments, recorded mortgages, and recorded liens having a higher priority in existence at the time of sale which are revived under Section 6-5-248(c).
If the redemption is made from a person who at the time of redemption owned the debt for which the property was sold, the redemptioner must also pay any balance due on the debt, with interest as aforesaid thereon to date.
(5) Mortgagees of the purchaser, or their transferees, are considered transferees of the purchaser, and a party redeeming must pay all mortgages made by the purchaser or his or her transferee on the land to the extent of the purchase price.
If the purchaser’s mortgages do not exceed the amount of the purchase price, the balance must be paid to the purchaser.
(b) If the redeeming party is the debtor, mortgagor, their respective spouses, children, heirs, or devisees then, unless otherwise provided herein, the judgments, mortgages, and liens revived pursuant to 6-5-248(d) are not lawful charges as defined in subsection (a).
(c) The purchaser shall be entitled to all rents paid or accrued including oil and gas or mineral agreement rentals to the date of the redemption, and the rents must be prorated to such date. The purchaser or his or her transferee and his or her tenants shall have the right to harvest and gather the crops grown by them on the place for the year in which the redemption is made, but must pay a reasonable rent for the lands for the proportion of the current year to which such redemptioner may be entitled.
(d) Any one entitled and desiring to redeem shall be granted a credit as against the amount of money required to be paid for redemption as follows:
(1) For all timber cut or sold on the land by the purchaser or his or her transferees, during the statutory period of redemption.
(2) For any oil and gas, minerals (including coal bed gas), sand, and gravel, taken from the land or sold, and for advanced royalties or bonuses received by the purchaser or his or her transferees, during the statutory period of redemption.
(3) To the extent the value of the property is diminished when any structures or buildings are changed, removed, demolished, or destroyed by the purchaser or his or her transferees during the statutory period of redemption.
(Acts 1988, No. 88-441, p. 647, §7; Acts 1989, No. 89-525, p. 1074, §1.)
Notes of Decisions
Cited in
22
cases (
2 in the last 5 years), 1990–2024 · leading case:
Se. Enter., Inc. v. Byrd, 720 So. 2d 873 (Ala. 1998).
Se. Enter., Inc. v. Byrd, 720 So. 2d 873 (Ala. 1998).
· cites it 25× “54 ============= SEI moved for a new trial. The trial court denied its motion, and SEI appealed.”
E.B. Investments, L.L.C. v. Pavilion Dev., L.L.C., 212 So. 3d 149 (Ala. 2016).
· cites it 13× “[[Image here]] “If the redemption is made from a person who at the time of redemption owned the debt for which the property was sold, the redemptioner must also pay any balance due on the debt, with interest as aforesaid thereon to date)’ § 6-5-253 (emphasis added). Effective…”
Nichols v. Colvin, 674 So. 2d 576 (Ala. Civ. App. 1995).
· cites it 14× “" Nichols argues that because he could not ascertain the "purchase prices" of lots 58, 72, and 73, he was excused from tendering the amounts of Colvin and Brush's statements of charges, and, therefore, that the trial court erred in dismissing his complaint.”
Johnny Ray Sports, Inc. v. Wachovia Bank, 982 So. 2d 1067 (Ala. 2007).
· cites it 5× “However, although § 6-5-253 clearly indicates that the purchaser of a foreclosed property has the authority to harvest and sell timber or to sell oil, gas, or minerals extracted from the property even though such acts may ultimately inure to the mortgagor's benefit there is…”
Hicklin v. Old Ship African Methodist Episcopal Zion Church, 574 So. 2d 822 (Ala. Civ. App. 1990).
· cites it 11× “” Ala.Code 1975, § 6-5-253, addresses the payment or tender of purchase money and other lawful charges by anyone entitled to redeem real estate and the entitlement to rents and provides, in pertinent part, as follows: *824 “(a) Anyone entitled and desiring to redeem real estate…”
Cameron Givianpour v. Thomas J. Curtain, Sr., 166 So. 3d 662 (Ala. 2014).
· cites it 16× “In the motion, Giv-ianpour emphasized the fact that the parties disagreed as to whether the rent charge was a “lawful charge” under § 6-5-253, Ala.Code 1975. 5 Givianpour also ar *666 gued, for the first time, that the charge for insurance had not been “prorated” and that “[t]he…”
Pavilion Dev., L.L.C. v. JBJ P'ship, 142 So. 3d 535 (Ala. 2013).
“See § 6-5-253(a)(5), Ala.Code 1975 (providing that the “lawful charges” the redeeming party must pay include mortgages on the properties subject to redemption to the extent of the purchase price).”
Steven Chess v. Wade Burt., 87 So. 3d 1201 (Ala. Civ. App. 2011).
“2005): “Section 6-5-253(a)[, Ala.Code 1975,] provides, in pertinent part, that ‘[anyone entitled and desiring to redeem real estate under the provisions of this article must also pay or tender to the purchaser or his or her transferee the purchase price paid at the sale, .”
First Fin. Bank v. Cs Assets, LLC, 678 F. Supp. 2d 1216 (S.D. Ala. 2010).
· cites it 28× “” Ala.Code § 6-5-253 (emphasis added). Plainly, at the time First Financial exercised its privilege of redemption, CS Assets owned the debt for which the parcels were sold in foreclosure.”
In Re Read, 131 B.R. 188 (Bankr. M.D. Ala. 1991).
“Code § 6-5-253 (1975). However, a mortgagor may lose the statutory redemption right if he fails to relinquish possession of the property within 10 days after written demand by the purchaser.”
Hanback v. Moseley, 648 So. 2d 600 (Ala. Civ. App. 1994).
· cites it 4× “” Ala.Code 1975, § 6-5-253, provides in pertinent part: “(a) Anyone entitled and desiring to redeem real estate under the provisions of this article must also pay or tender to the purchaser .”
— Ala. Code § 6-5-253(a) — 11 cases
Se. Enter., Inc. v. Byrd, 720 So. 2d 873 (Ala. 1998).
“54 ============= SEI moved for a new trial. The trial court denied its motion, and SEI appealed.”
Cameron Givianpour v. Thomas J. Curtain, Sr., 166 So. 3d 662 (Ala. 2014).
“In the motion, Giv-ianpour emphasized the fact that the parties disagreed as to whether the rent charge was a “lawful charge” under § 6-5-253, Ala.Code 1975. 5 Givianpour also ar *666 gued, for the first time, that the charge for insurance had not been “prorated” and that “[t]he…”
Nichols v. Colvin, 674 So. 2d 576 (Ala. Civ. App. 1995).
“" Nichols argues that because he could not ascertain the "purchase prices" of lots 58, 72, and 73, he was excused from tendering the amounts of Colvin and Brush's statements of charges, and, therefore, that the trial court erred in dismissing his complaint.”
Steven Chess v. Wade Burt., 87 So. 3d 1201 (Ala. Civ. App. 2011).
“2005): “Section 6-5-253(a)[, Ala.Code 1975,] provides, in pertinent part, that ‘[anyone entitled and desiring to redeem real estate under the provisions of this article must also pay or tender to the purchaser or his or her transferee the purchase price paid at the sale, .”
— Ala. Code § 6-5-253(a)(1) — 4 cases
Nichols v. Colvin, 674 So. 2d 576 (Ala. Civ. App. 1995).
“" Nichols argues that because he could not ascertain the "purchase prices" of lots 58, 72, and 73, he was excused from tendering the amounts of Colvin and Brush's statements of charges, and, therefore, that the trial court erred in dismissing his complaint.”
E.B. Investments, L.L.C. v. Pavilion Dev., L.L.C., 212 So. 3d 149 (Ala. 2016).
“[[Image here]] “If the redemption is made from a person who at the time of redemption owned the debt for which the property was sold, the redemptioner must also pay any balance due on the debt, with interest as aforesaid thereon to date)’ § 6-5-253 (emphasis added). Effective…”
Se. Enter., Inc. v. Byrd, 720 So. 2d 873 (Ala. 1998).
“54 ============= SEI moved for a new trial. The trial court denied its motion, and SEI appealed.”
— Ala. Code § 6-5-253(a)(2) — 2 cases
E.B. Investments, L.L.C. v. Pavilion Dev., L.L.C., 212 So. 3d 149 (Ala. 2016).
“[[Image here]] “If the redemption is made from a person who at the time of redemption owned the debt for which the property was sold, the redemptioner must also pay any balance due on the debt, with interest as aforesaid thereon to date)’ § 6-5-253 (emphasis added). Effective…”
First Fin. Bank v. Cs Assets, LLC, 678 F. Supp. 2d 1216 (S.D. Ala. 2010).
“” Ala.Code § 6-5-253 (emphasis added). Plainly, at the time First Financial exercised its privilege of redemption, CS Assets owned the debt for which the parcels were sold in foreclosure.”
— Ala. Code § 6-5-253(a)(4) — 7 cases
Se. Enter., Inc. v. Byrd, 720 So. 2d 873 (Ala. 1998).
“54 ============= SEI moved for a new trial. The trial court denied its motion, and SEI appealed.”
Hicklin v. Old Ship African Methodist Episcopal Zion Church, 574 So. 2d 822 (Ala. Civ. App. 1990).
“” Ala.Code 1975, § 6-5-253, addresses the payment or tender of purchase money and other lawful charges by anyone entitled to redeem real estate and the entitlement to rents and provides, in pertinent part, as follows: *824 “(a) Anyone entitled and desiring to redeem real estate…”
E.B. Investments, L.L.C. v. Pavilion Dev., L.L.C., 212 So. 3d 149 (Ala. 2016).
“[[Image here]] “If the redemption is made from a person who at the time of redemption owned the debt for which the property was sold, the redemptioner must also pay any balance due on the debt, with interest as aforesaid thereon to date)’ § 6-5-253 (emphasis added). Effective…”
First Fin. Bank v. Cs Assets, LLC, 678 F. Supp. 2d 1216 (S.D. Ala. 2010).
“” Ala.Code § 6-5-253 (emphasis added). Plainly, at the time First Financial exercised its privilege of redemption, CS Assets owned the debt for which the parcels were sold in foreclosure.”
— Ala. Code § 6-5-253(a)(5) — 2 cases
E.B. Investments, L.L.C. v. Pavilion Dev., L.L.C., 212 So. 3d 149 (Ala. 2016).
“[[Image here]] “If the redemption is made from a person who at the time of redemption owned the debt for which the property was sold, the redemptioner must also pay any balance due on the debt, with interest as aforesaid thereon to date)’ § 6-5-253 (emphasis added). Effective…”
Pavilion Dev., L.L.C. v. JBJ P'ship, 142 So. 3d 535 (Ala. 2013).
“See § 6-5-253(a)(5), Ala.Code 1975 (providing that the “lawful charges” the redeeming party must pay include mortgages on the properties subject to redemption to the extent of the purchase price).”
— Ala. Code § 6-5-253(a)(l) — 2 cases
E.B. Investments, L.L.C. v. Pavilion Dev., L.L.C., 212 So. 3d 149 (Ala. 2016).
“[[Image here]] “If the redemption is made from a person who at the time of redemption owned the debt for which the property was sold, the redemptioner must also pay any balance due on the debt, with interest as aforesaid thereon to date)’ § 6-5-253 (emphasis added). Effective…”
— Ala. Code § 6-5-253(b) — 1 case
— Ala. Code § 6-5-253(c) — 4 cases
Se. Enter., Inc. v. Byrd, 720 So. 2d 873 (Ala. 1998).
“54 ============= SEI moved for a new trial. The trial court denied its motion, and SEI appealed.”
Cameron Givianpour v. Thomas J. Curtain, Sr., 166 So. 3d 662 (Ala. 2014).
“In the motion, Giv-ianpour emphasized the fact that the parties disagreed as to whether the rent charge was a “lawful charge” under § 6-5-253, Ala.Code 1975. 5 Givianpour also ar *666 gued, for the first time, that the charge for insurance had not been “prorated” and that “[t]he…”
Johnny Ray Sports, Inc. v. Wachovia Bank, 982 So. 2d 1067 (Ala. 2007).
“However, although § 6-5-253 clearly indicates that the purchaser of a foreclosed property has the authority to harvest and sell timber or to sell oil, gas, or minerals extracted from the property even though such acts may ultimately inure to the mortgagor's benefit there is…”
— Ala. Code § 6-5-253(d) — 2 cases
Johnny Ray Sports, Inc. v. Wachovia Bank, 982 So. 2d 1067 (Ala. 2007).
“However, although § 6-5-253 clearly indicates that the purchaser of a foreclosed property has the authority to harvest and sell timber or to sell oil, gas, or minerals extracted from the property even though such acts may ultimately inure to the mortgagor's benefit there is…”
— Ala. Code § 6-5-253(d)(1) — 1 case
Se. Enter., Inc. v. Byrd, 720 So. 2d 873 (Ala. 1998).
“54 ============= SEI moved for a new trial. The trial court denied its motion, and SEI appealed.”
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