Williams v. McCallum

JOHNSON, Justice.

This is a mortgage redemption case. We conclude that because the redemptioner did not include in the amount tendered all the taxes paid by or on behalf of the foreclosure purchaser, the purported redemption was not valid.

I

THE BACKGROUND AND PRIOR PROCEEDINGS

In December 1993, the district court in Elmore County entered a foreclosure decree and an order of sale concerning real property (the property) in a foreclosure action (the foreclosure action). Pursuant to the order of sale, the sheriff sold the property to Larry D. Williams (Williams) on February 10, 1994 for $780,000.…