David T. Harris and Stacy L. Harris v. Deutsche Bank National Trust Company, as Trustee Under the Pooling And…

Summary

The Alabama Supreme Court vacated the trial court’s summary judgment on the trustee’s ejectment claim and remanded for further fact‑finding on whether the trustee had received a valid assignment of the note before executing the foreclosure deed, while affirming the summary judgment on the Harrises’ counterclaim. The Court held that the lack of an assignment at the time foreclosure was initiated does not itself invalidate the conveyance, but the assignment issue is a genuine factual dispute requiring trial. It also found the trustee had provided adequate notice under the mortgage and that the counterclaim for wrongful foreclosure was improper.