News & Analysis as of November 17, 2024

AL Supreme Court

+ Follow

The term "mortgage" typically refers to a mortgage loan. A mortgage loan is a financing instrument where an individual or business borrows money to purchase property (usually real property) and... more +

Alabama Supreme Court Clarifies Hold-Over Tenant Foreclosure Payment Rules

McGlinchey Stafford on 6/11/2024

On May 31, 2024, the Alabama Supreme Court released its opinion in Crystal Kaye Coan v. Championship Property, LLC, SC-2023-0740. For the first time, the court held that a servicer and/or high bidder from a foreclosure sale...more

Alabama Supreme Court Narrows Grounds to Challenge Mortgage Foreclosure Sales

Bradley Arant Boult Cummings LLP on 1/31/2024

The Alabama Supreme Court recently issued a major published decision on circumstances in which a residential borrower can challenge a mortgage foreclosure sale. In Littlefield v. Smith, the court elevated the bona fide...more

In Alabama, Not All Debts Are Created Equal

Bradley Arant Boult Cummings LLP on 11/15/2019

Alabama’s materialman’s lien statute (specifically, Ala. Code § 35-11-211) was intended to provide construction lenders priority over materialmen as to debts relating to construction projects, and this intent was recently...more

Not All Debts Are Created Equal - Construction and Procurement Law News, Q3 2019

Bradley Arant Boult Cummings LLP on 10/23/2019

Alabama’s materialman’s lien statute (specifically, Ala. Code § 35-11-211) was drafted with the intent of providing construction lenders priority over materialmen as to debts relating to construction projects. This intent was...more

Alabama Supreme Court Changes Course On Validity of Future-Advance Mortgages

Balch & Bingham LLP on 4/5/2019

In September 2018, the Alabama Supreme Court issued an opinion in GHB Constr. and Dev. Co., Inc. v. West Alabama Bank and Trust, No. 1170484, that caused considerable concern for Alabama lenders. The Court held that...more

5 Results

View per page