Supreme Court of Alabama
Stacey Littlefield and Scott Littlefield v. Terry Daniel Smith, Staci Herring Smith, and Planet Home Lending, LLC…
December 15, 2023
Summary
The court affirmed summary judgment for the purchasers and mortgagee in an ejectment and foreclosure-related dispute. It held that any defect in the mortgagee's notice of intent to accelerate rendered the foreclosure at most voidable, and the mortgagors could not challenge that defect after title passed to bona fide purchasers. The court also affirmed rulings on claims and defenses that the mortgagors failed to argue or had abandoned on appeal, while declining to decide whether the notice period was properly calculated or whether the notice requirement was material.