Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

US Bank Trust, N.A. v. Trimble

Alabama Court of Civil Appeals

November 1, 2019

US Bank Trust, N.A., as trustee for LSF8 Master Trust
v.
William Trimble

          Appeal from Chilton Circuit Court (CV-18-900228)

          MOORE, JUDGE.

         US Bank 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 court's judgment.

         Facts and Procedural History

         The 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. Bank.

         Trimble 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.

         In July 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.

         On November 7, 2018, Trimble answered the complaint. After a trial, the trial court entered a judgment on April 1, 2019, stating:

"Case called for trial on February 26, 2019. Parties present with counsel of record and testimony taken with record.
"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]."

         On May 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).

         Discussion

         On appeal, U.S. Bank asserts that the trial court erred in determining that its request to judicially ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.