Deutsche Bank National Trust Company as Trustee in Trust for the Registered Holders of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass-Through Certificates Series 2003-11
v.
Regina Greene Deutsche Bank National Trust Company as Trustee in Trust for the Registered Holders of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass-Through Certificates Series 2003-11
v.
Regina Greene
Appeals from Mobile Circuit Court (CV-08-901538)
SHAW,
Justice.
1180122--AFFIRMED.
NO OPINION.
See
Rule 53(a)(1) and (a)(2)(F), Ala. R. App. P.
1180267--AFFIRMED.
NO OPINION.
See
Rule 53(a)(1) and (a)(2)(F), Ala. R. App. P.
Wise,
Bryan, and Mendheim, JJ., and Harwood, Special Justice,
[1]
concur.
Parker, C.J., and Bolin, Sellers, and Mitchell, JJ., dissent.
Stewart, J., recuses herself.
SELLERS, Justice (dissenting).
I
respectfully dissent.
In
these consolidated appeals, Deutsche Bank National Trust
Company as Trustee in Trust for the Registered Holders of
Ameriquest Mortgage Securities, Inc., Asset-Backed
Pass-Through Certificates Series 2003-11 ("Deutsche
Bank"), the plaintiff/counterclaim defendant in an
ejectment action, appeals from orders of the Mobile Circuit
Court enforcing a purported settlement agreement reached by
the parties (appeal no. 1180122) and awarding attorney fees
as related sanctions (appeal no. 1180267).
In
September 2003, Regina Greene and her then husband, Henry
Greene, executed a $116, 000 mortgage in favor of Ameriquest
Mortgage Company in connection with the purchase of a house
in Mobile. The note and mortgage were subsequently assigned
to Deutsche Bank.
The
Greenes routinely remained in arrears on the note payments.
They divorced in 2005, and Regina received the house in the
divorce settlement. When the arrearage on the mortgage
reached approximately $40, 000, the note was accelerated and
foreclosure proceedings began. In ...