Fed. Nat'l Mortg. Ass'n. v. Taylor (Majority, with Dissenting)
Annotate this CaseThe circuit court entered a decree of foreclosure giving a suburban improvement district ("HISID") a lien against certain pieces of property for unpaid assessments. Appellant owned one of those properties. The decree stated that the redemption of the properties would be governed by a statute that grants a two-year period in which to redeem the property. HISID was granted the property formerly owned by Appellant subject to Appellant’s redemption rights. HISID then executed a limited warranty deed granting the property to Appellee. More than one year later, Appellant filed a petition to redeem property. Appellee moved for summary judgment, arguing that, although the decree applied the two-year redemption period for draining improvement districts, the thirty-day period applicable to suburban improvement districts should apply. The trial court granted summary judgment in favor of Appellee, concluding that Appellant’s petition was untimely because Appellant’s right of redemption was governed by the thirty-day period applicable to suburban improvement districts. The Supreme Court reversed, holding that Appellee’s collateral attack on the foreclosure decree based upon her allegation that the redemption period cited in the decree could not be sustained.
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