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State Courts -
Alabama - May 19, 2006
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Bockman v. WCH, L.L.C., 1040305, 1040419,
SUPREME COURT OF ALABAMA, May 19, 2006, Released
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Overview: Where defendant foreclosed its first mortgage and bought the property at the foreclosure sale, it was entitled to charge the junior mortgagee interest on interest as a cost of redemption under Ala. Code § 6-5-253(a)(4), as the underlying note provided for such interest, and this agreement did not violate Alabama common law.
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Tolar Constr., LLC v. Kean Elec. Co., 1041448, 1041510,
SUPREME COURT OF ALABAMA, May 19, 2006, Released
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Overview: Although a subcontractor was not awarded pre-judgment penalty interest under the Alabama Deborah K. Miller Act, Ala. Code § 8-29-1 et seq., the trial court having found that general contractor had a bona fide reason for withholding payment, the subcontractor was nonetheless entitled to attorney fees under Ala. Code § 8-29-6 as the prevailing party.
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