SPRINGER v. BALDWIN CTY. FED. SAV. BANK

88-1294.

562 So.2d 138 (1989)

Tommy SPRINGER v. BALDWIN COUNTY FEDERAL SAVINGS BANK, a corporation.

Supreme Court of Alabama.

Rehearing Denied March 30, 1990.


Attorney(s) appearing for the Case

Daniel G. Blackburn and George R. Irvine III of Stone, Granade, Crosby & Blackburn, Bay Minette, for appellant.

J. Don Foster and Thack H. Dyson of Foster, Dyson & Curenton, Foley, for appellee.


KENNEDY, Justice.

The defendant, Tommy Springer, appeals from the entry of a summary judgment in favor of the plaintiff, Baldwin County Federal Savings Bank ("Bank"). We reverse and remand.

The issue is whether a mortgagee who purchases the mortgaged property at a foreclosure sale and then resells it to a third party during the statutory redemption period is required to apply the profit (the sum realized by the mortgagee in excess of the amount it paid at...

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