Supreme Court of Alabama

Ex Parte Foundation Bank. (in Re Cmc Properties, LLC v. Emerald Falls, LLC)

September 27, 20132013 Ala. LEXIS 138

Summary

The Alabama Supreme Court granted Foundation Bank's petition for a writ of mandamus, holding that the probate court has exclusive jurisdiction over the statutory redemption process and that all requirements of Ala.Code 1975 § 40‑10‑122, including subsections (b) and (c), must be satisfied before a redemption certificate can be issued. A concurrence agreed on the exclusive jurisdiction but treated the secondary payment issue as dicta.