Sturdivant V BAC
Sturdivant V BAC
Notice: This opinion is subject to formal revision before publication in the advance
sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions,
Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-
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the opinion is printed in Southern Reporter.
1110373
____________________
v.
1110458
____________________
Ronald C. Robinson
v.
MURDOCK, Justice.
opinion.
Dec. 16, 2011] ___ So. 3d ___ (Ala. Civ. App. 2011). We
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the case.
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"....
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1
The record does not reflect which was executed and
delivered first, the foreclosure deed or the assignment. The
absence of such information from the record presumably is a
function of the fact that the foreclosure was not challenged
by Sturdivant in the trial court on the ground that the
assignment of MERS's mortgage interest was not made to BAC in
a timely manner and the trial court was not asked to decide
the issue whether the assignment actually preceded the
conveyance of the property to the foreclosure purchaser.
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omitted).
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that sale was not raised in the trial court. BAC argued that
the issue therefore had been waived and could not be raised
So. 3d 1035, 1036 n.1 (Ala. Civ. App. 2010) ("'This Court
Mut. Auto. Ins. Co. v. Motley, 909 So. 2d 806, 821 (Ala.
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LLC ("Bayview").
2
Only Ronald C. Robinson participated in the litigation
and filed this appeal.
3
For all purposes relevant to this opinion, the term
"mortgage" includes "any ... instrument intended to secure the
payment of money, such as an instrument which includes a
vendor's lien." § 35-10-11(1), Ala. Code 1975.
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follows:
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"....
pertinent part:
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as a defendant.
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4
The copy of the document attached to Bayview's submission
was dated 2006. Although, by its terms, it did purport to
give Bayview a power of attorney as to the mortgage rights
held by Wachovia in land that was part of certain trusts,
neither the document nor any other evidence before the trial
court spoke to the question whether the property at issue in
this case was part of the corpus of any of those trusts.
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II. Analysis
A. Preliminary Observations
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its author expressed concern that this Court had in fact been
than one case, however, this Court has declined to revisit its
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B. Substantive Analysis
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"....
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Chem. & Paper Co., 770 So. 2d 626, 634 (Ala. Civ. App.
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in Cadle:
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emphasis added).
___ So. 3d ___ (Ala. Civ. App. 2012), another ejectment case,
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5
In Ex parte Seymour, 946 So. 2d 536, 538 (Ala. 2006), to
which Judge Pittman referred in his special writing in Byrd,
this Court stated:
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"....
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Int'l Corp., 763 F.2d 1148, 1154 n.7 (10th Cir. 1985) ("'"The
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C. Wright, The Law of Federal Courts 452-53 n.2 (4th ed. 1983)
Cir. 1974)).").
doctrine of standing:
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362.
III. Conclusion
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ejectment action.
the law does not do so, so be it -- but this does not mean the
overruled.
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result.
1110458 -- AFFIRMED.
the result.
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1110458).
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