Ex Parte Gmac Mortgage, LLC (in Re Reginald A. Patterson and Diana v. Patterson v. Gmac Mortgage, LLC)

Summary

The court held that a nonjudicial foreclosure is valid when the foreclosing entity holds the mortgage and power of sale when the foreclosure deed is executed and delivered, even if it did not hold those interests when the foreclosure process began. Because the mortgage was assigned before the foreclosure deed was executed, the foreclosure purchaser had authority to foreclose and to bring the ejectment action. The court reversed the intermediate appellate court and remanded for consideration of issues it had not reached.