Federal Home Loan Mortgage Corporation v. Davis (MAG+)
OPINION. Signed by Honorable Judge Myron H. Thompson on 1/30/13. (scn, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
FEDERAL HOME LOAN
GLISSEAN DAVIS CRITTENDEN, )
CIVIL ACTION NO.
granted summary judgment in favor of plaintiff Federal
Home Loan Mortgage Corporation and against defendant
Crittenden to vacate the property at 4368 Narrow Lane
Mortg. Corp. v. Crittenden, 2012 WL 6725635 (M.D. Ala.
In granting this judgment, the court reserved for
an evidentiary hearing the issue of the amount of damages
entitled from Crittenden.
That evidentiary hearing
was held today.
Under Alabama law, after a lawful
foreclosure sale has occurred and demand for possession
of the property has been made, further wrongful refusal
to surrender possession entitles the rightful owner to
recover the reasonable rental value for the period of
Pridgen v. Elson, 5 So. 2d 477, 478 (Ala.
The evidence before the court reflects, and the
court so finds, that Crittenden has unlawfully occupied
the property from June 14, 2011, until today, January 30,
2013, and that the reasonable rental value for this
property is $ 450 a month.
As rental value, Federal Home
($ 450 a month for 19 and one-half months), plus $ 450 a
month for any continuing period of unlawful occupation,
interest accruing at the legal rate of interest after the
date of judgment.
An appropriate final judgment awarding this rental
value to Federal Home Loan Mortgage Corporation from
Crittenden will be entered.
DONE, this the 30th day of January, 2013.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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