Steele v. Federal Nat. Mortg. Ass'n

Summary

The Supreme Court of Alabama affirmed the trial court's default judgment in favor of Fannie Mae, holding that the trial court's order denying the motion to set aside the judgment was void because it had already been denied by operation of law, and that the ejectment statute § 6‑6‑280 does not require a prior demand for possession. Accordingly, the court applied the Kirtland three‑factor test de novo and found no meritorious defense, no prejudice, and no culpable conduct by the defendants. The decision also overruled several post‑1975 cases that had incorrectly required such a demand.