Alabama Court of Civil Appeals Dismisses Homeowner Appeal for Filing Appeal Too Late

Posted by & filed under 2013, Alabama, Downstream litigation, Downstream litigation by date, Downstream litigation by state, Foreclosures, MBS industry.

In Wolfe v. JPMorgan Chase Bank, N.A., the Alabama Court of Civil Appeals dismissed the appeal of joint homeowners Evan and Kelly Wolfe (“Plaintiffs”) in a foreclosure and attorney fee lawsuit for failing to file the appeal within the statutory time period of 42 days. In Wolfe, Plaintiffs defaulted on their home mortgage and JPMorgan… Read more »

Alabama Court Dismisses Plaintiff’s Insufficiently Plead Quiet Title Claim

Posted by & filed under 2013, Alabama, Downstream litigation, Downstream litigation by date, Foreclosures, MBS industry.

The United States District Court for the Northern District of Alabama, Western Division, in deciding Orton v. Matthews, 2013 U.S. Dist. LEXIS 156870 (N.D. Ala. Nov. 1, 2013), granted [defendant] Bank of America’s motion to dismiss plaintiff’s claims pursuant to Rule 12(b)(6) of the FRCP for failure to state a claim. Plaintiff’s complaint represented an… Read more »

Alabama Court Holds That MERS’ Assignment to Current Servicer of the Mortgage Loan was Valid

Posted by & filed under 2010, Alabama, Downstream litigation, Downstream litigation commentary, Foreclosures, MBS industry, MERS/Bank has standing.

The Alabama court in Mortensen v. MERS et al, S.D. Ala. No. CV10-234-S (2010) after considering both arguments, granted summary judgment to MERS as well as all defendants. The court found that the borrower, from his own volition, knowingly and willingly gave a mortgage interest in the property to MERS. The court also found that… Read more »

Court of Civil Appeals of Alabama, in Favor of Borrower, Vacates and Dismisses Judgment

Posted by & filed under 2012, Alabama, Downstream litigation, Foreclosures, MBS industry.

The court in Nelson v. Federal National Mortgage Association, 97 So.3d 770 (2012) the Court granted Fannie Mae’s summary judgment as to its ejectment action against the borrower because the Court found that Fannie Mae received valid title to the property from MERS subsequent to the foreclosure sale conducted by MERS. However, on appeal, court… Read more »

Alabama Court Rules That Demonstration of Note Ownership is Not Needed

Posted by & filed under 2011, Alabama, Downstream litigation, Foreclosures, MBS industry, MERS/Bank has standing, Note ownership litigation.

The court in Farkas v. SunTrust Mortgage, Inc, et al., 447 F. App’x 972 (11th Cir. 2011) found that Alabama is a non-judicial foreclosure state and that the party seeking foreclosure was not required to demonstrate ownership of the promissory note before taking action on the corresponding mortgage. This action involved MERS as the foreclosing mortgagee…. Read more »

Jefferson County Circuit Court Holds That Fannie Mae Had Standing to Bring Ejectment Action

Posted by & filed under 2011, Alabama, Downstream litigation, Foreclosures, MERS/Bank has standing.

The circuit court in Fannie Mae v. Steele, Jefferson County Circuit Court No. 09-900069 (May 18, 2011) found in favor of the plaintiff [Fannie Mae], by deciding to deny the defendants’ motion to set aside the judgment for possession. The defendants contended that the judgment in favor of Fannie Mae should be vacated on the… Read more »

Alabama Circuit Court Holds that MERS has Standing to Foreclose if it is a Nominee of the Lender

Posted by & filed under 2010, Alabama, Downstream litigation, MERS/Bank lacks standing.

In Henderson v. Merscorp Inc.,  No. 08-CV-900805 (Ala. Cir.Ct. May 6, 2010), the Alabama Circuit Court dismissed an action claiming that MERS lacked standing to foreclose. The borrower sued MERS after MERS initiated foreclosure proceedings after a default, and alleged that MERS lacked standing to foreclose. The borrower made claims for wrongful foreclosure, negligence, wantonness,… Read more »