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Deutsche Bank National Trust Co. v. Greene

Supreme Court of Alabama

January 10, 2020

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 ...


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