Supreme Court of Alabama

Alavest, LLC v. Michael Joseph Harris (Appeal from Jefferson Circuit Court: CV-22-901595).

April 12, 2024

Summary

The court held that the foreclosing mortgagee was a necessary party because the judgment declaring the foreclosure sale void affected the mortgagee's interests and created a risk of inconsistent obligations. Because the mortgagee had not been joined, the court reversed the judgment and remanded with instructions to join it if feasible or otherwise apply the applicable indispensability analysis. The court did not reach the remaining issues on appeal.