Federal Home Loan Mortgage Corporation v. Davis (MAG+)

Filing 79

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
MORTGAGE CORPORATION,

)
)
)
Plaintiff,
)
)
v.
)
)
GLISSEAN DAVIS CRITTENDEN, )
)
Defendant.
)

CIVIL ACTION NO.
2:11cv729-MHT
(WO)

OPINION
In

this

ejectment

action,

the

court

previously

granted summary judgment in favor of plaintiff Federal
Home Loan Mortgage Corporation and against defendant
Glissean

Davis

Crittenden,

and

the

court

ordered

Crittenden to vacate the property at 4368 Narrow Lane
Road,

Montgomery,

Alabama

36116.

Federal

Home

Loan

Mortg. Corp. v. Crittenden, 2012 WL 6725635 (M.D. Ala.
2012).

In granting this judgment, the court reserved for

an evidentiary hearing the issue of the amount of damages
to

which

Federal

Home

entitled from Crittenden.

Loan
Id.

Mortgage

Corporation

is

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
occupation.
1941).

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.
Loan

Mortgage

Corporation

As rental value, Federal Home
is

entitled

to

$

8,775.00

($ 450 a month for 19 and one-half months), plus $ 450 a
month for any continuing period of unlawful occupation,
pro

rated

for

periods

less

than

full

months,

plus

interest accruing at the legal rate of interest after the
date of judgment.

***

2

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