S. Ct. Civ. No. 2016-0046

Pursuant to 28 V.I.C. § 535, after a foreclosure sale the debtor/mortgagor had six months in which to redeem a foreclosed property. To exercise the statutory right of redemption the debtor must pay in that period: (1) the total amount of the judgment, (2) the total legal interest accumulated on the judgment, and (3) any taxes paid by purchaser after purchase. In this case the facts in the record confirm that the debtor's first tender of the total redemption value of the property to the Superior Court's cashier complied with the procedure for redemption of the property prior to the expiration of the statutory time limit. In this case the Superior Court did not err in concluding that the redemptioner substantially complied with the pertinent statutory requirements, and her tender of payment two days before expiration of the redemption period was effective under the circumstances presented in this appeal. It is noted that the Superior Court's cashier should be authorized to accept all payments tendered when a bona fide attempt is being made to redeem a property. If there is a dispute as to the amount to be paid, the appropriate procedure would be for the cashier to accept the tendered payment and immediately notify the judge assigned to the case of the apparent discrepancy between the amount tendered to the trial court and the specific amount necessary to redeem the property. The judge should sua sponte issue an order either explaining the resolution of the discrepancy or directing the parties to brief what they believe to be the appropriate resolution of the discrepancy. In this case, because the certificate of redemption was not issued by the Marshal until the full redemption value of the property was paid, any error in the prior calculation of the interest due and the timing of when such interest was due is harmless error. The facts in the record confirm that the first tender of the total redemption value of the property to the Superior Court's cashier complied with the procedure for redemption prior to the expiration of the statutory time limit; therefore, the August 24, 2016 judgment is affirmed.