NABERS, Chief Justice.
On November 24, 1998, Miller Properties, LLC, executed a mortgage in favor of Merrill Lynch Credit Corporation on a parcel of property located at 10 Burlington Drive, Fairhope ("the property"), as security for a loan. The mortgage was subsequently assigned to State Street Bank and Trust Company.
Miller Properties thereafter defaulted on the loan. Accordingly, State Street Bank and Trust foreclosed on the property and, on May 21, 2002...
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