REFinBlog

June 26, 2014

Alabama Court Rejects “Split-the-Note” Theory

The court in deciding Gray v. MERSCORP, Inc., 2013 U.S. Dist. (N.D. Ala., 2013) rejected the split the note theory put forward by Gray. This matter arose out of a note and mortgage executed in March 2007 by plaintiffs Clayburn … Continue reading →

Alabama Court Reverses Lower Court’s Decision Granting Summary Judgment to Foreclosing Entity

The court in deciding Sturdivant v. BAC Home Loan Servicing, LP, 2013 Ala. Civ. App. (Ala. Civ. App., 2013) reversed the lower court’s ruling that granted summary judgment to a foreclosing entity with respect to its complaint in ejectment against … Continue reading →

February 9, 2014

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

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 … Continue reading →

November 12, 2013

Alabama Court Dismisses Plaintiff’s Insufficiently Plead Quiet Title Claim

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 … Continue reading →

August 30, 2013

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

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 … Continue reading →

August 27, 2013

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

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 … Continue reading →

Alabama Court Rules That Demonstration of Note Ownership is Not Needed

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 … Continue reading →