RCH IV-WB, LLC v. Wolf Bay Partners, L.L.C., et al.
Annotate this CaseRCH IV-WB, LLC (RCH) appealed a circuit court's order that set aside its mortgage foreclosure sale. At a bench trial, RCH offered as evidence a copy of a document allegedly assigning the mortgage at issue from Wachovia Bank to RCH. Defendant Wolf Bay Partners, LLC objected to the admission of the assignment documents, arguing that RCH failed to show that the individual who signed the assignment had authority to act, and that the form of the assignment failed to conform to Alabama law. The trial court sustained the objection and eventually set aside the foreclosure sale of the subject property. RCH unsuccessfully filed a motion for new trial and appealed to the Supreme Court. Upon review of the trial court record, the evidence submitted and the applicable legal authority, the Supreme Court concluded that the trial court erred in holding that the mortgage assignment was not admissible. The Court reversed the lower court's judgement and remanded the case for further proceedings.
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