from Chilton Circuit Court (CV-18-900228)
Trust, N.A., as trustee for LSF8 Master Trust ("US
Bank"), appeals from a judgment entered by the Chilton
Circuit Court ("the trial court") concluding that
U.S. Bank's attempt to redeem certain real property
located in Chilton County ("the property") from
William Trimble was untimely. We reverse the trial
and Procedural History
facts in this case are largely undisputed. Warren Dennis and
Diane C. Dennis owned the property, subject to a mortgage in
favor of Household Finance Corporation of Alabama dated June
29, 1998. On May 6, 2013, Trimble purchased the property at a
tax sale. Subsequently, Trimble sent a letter to Household
Finance and the Dennises, notifying them that he had
purchased the property at a tax sale. Thereafter, on August
4, 2014, the mortgage on the property was assigned to U.S.
testified that, at some point in 2016, he entered into an
agreement with the Dennises, pursuant to which he agreed to
lease the property to them. Trimble testified that Diane
Dennis had since died but that he had known Warren Dennis for
a long time and wanted to maintain his lease with Warren.
2018, U.S. Bank began sending letters to Trimble requesting
to redeem the property. On October 5, 2018, U.S. Bank filed
in the trial court a complaint seeking a judicial redemption
of the property. See Ala. Code 1975, §
40-10-83. U.S. Bank also included claims seeking to quiet
title to the property and for ejectment.
November 7, 2018, Trimble answered the complaint. After a
trial, the trial court entered a judgment on April 1, 2019,
"Case called for trial on February 26, 2019. Parties
present with counsel of record and testimony taken with
"Upon hearing the testimony and argument concerning
limitation on actions, this Court finds that [US Bank] is
outside [its] time for the redemption of this subject
property, therefore, Judgment entered for [Trimble]."
10, 2019, U.S. Bank filed its notice of appeal to the supreme
court; that court transferred the appeal to this court,
pursuant to Ala. Code 1975, § 12-2-7(6).
appeal, U.S. Bank asserts that the trial court erred in
determining that its request to judicially ...