from Jefferson Circuit Court (CV-16-337).
S. Elliott, Birmingham, for appellant.
C. Cameron, Guntersville, for appellees.
Two Ventures, LLC ("NTV"), an Oregon limited
liability company, appeals from orders entered by the
Jefferson Circuit Court ("the trial court")
purporting to dismiss NTV's unlawful-detainer claim
against Joshua Capps and Rachel Capps ("the
Cappses") and declaring that NTV's motion for a
summary judgment was moot.
real property at issue in this case is located in Jefferson
County in the city of Leeds. Based on the allegations in the
record, the property was conveyed to Lynn Brantley pursuant
to a general warranty deed that was recorded in the Jefferson
Probate Court ("the probate court") on September
30, 2010. Brantley purchased the property using the proceeds
from a loan from The Hometown Bank of Alabama ("the
HBA"). Payment of the loan was secured by a mortgage
that Brantley executed in favor of the HBA and that was
recorded in the probate court.
purportedly failed to pay the ad valorem taxes on the
property for 2011. The property was sold to the State of
Alabama for the nonpayment of taxes on May 22, 2012. Notice
of the sale allegedly was sent to Brantley at the address for
January 31, 2014, NTV purportedly purchased the tax-sale
certificate for the property from the State of Alabama.
Thereafter, NTV allegedly sent a letter to the Cappses, who
were purportedly leasing the property from Brantley, who is
Rachel Capps's mother. The letter stated that NTV owned
the property and that the monthly rental payments should
thereafter be paid to NTV. NTV also provided the Cappses with
a proposed lease to the property at a monthly rental rate of
$950. According to NTV, the Cappses did not execute the lease
or make any arrangement to pay rent to NTV.
September 16, 2015, NTV allegedly sent Brantley a demand for
possession. The demand for possession was sent to the address
of the property via certified mail, and NTV also sent a
notice regarding the demand for possession to the HBA via
certified mail. The demand for possession addressed to the
HBA was delivered, but the demand for possession addressed to
Brantley was returned by the United States Postal Service as
October 8, 2015, NTV attempted to serve the "Current
Tenant" of the property with a notice stating that
past-due rent totaled $7,600 and warning that the tenancy
would terminate on October 16, 2015, if the past-due rent was
not paid to NTV by that date. The notice allegedly was posted
at the property, and a copy of the notice was allegedly
mailed to the "Current Tenant" via certified mail,
although that mailing was returned as
"undelivered." Also on October 8, 2015, Joshua
Capps sent an e-mail to counsel for NTV stating that he had
repeatedly tried unsuccessfully to contact counsel for NTV
and was concerned NTV was a "scamming operation."
Joshua Capps also stated in the e-mail that he had a
"lease to own contract" for the property with
the time for redemption of the property allegedly had passed,
NTV presented its tax-sale certificate to the probate court.
On October 28, 2015, the probate court issued NTV a tax deed
to the property. Thereafter, NTV sent the Cappses a letter
offering to settle the dispute about the property and to
allow Brantley to redeem the property, but the Cappses
allegedly did not respond to NTV's offer.
17, 2016, the HBA and Brantley commenced an action in the
trial court seeking to quiet title to the property and to
redeem the property ("the redemption action"); the
redemption action was assigned case number CV-16-902228. The
HBA and Brantley requested that the trial court enter a
judgment declaring that Brantley owned the property, subject
to the HBA's mortgage, and that it enter an order
allowing the HBA, as mortgagee, to redeem the property
pursuant to Ala. Code 1975, § 40-10-120, or the HBA and
Brantley to redeem the property pursuant to Ala. Code 1975,
§ 40-10-83. The HBA and Brantley further sought a
judgment declaring that NTV's tax deed is void. NTV was
named as the defendant in the redemption ...