Alabama Supreme Court reverses summary judgment against homeowner

In an opinion issued February 2012 in the Emmett and Debra Jackson vs. Wells Fargo Bank, NA, CV-08-001894 filed in Mobile County Circuit Court, the Alabama Supreme Court ruled that the Jacksons’ claim for breach of contract related to a wrongful foreclosure was ripe for litigation.

The trial court had ruled in favor of Wells Fargo on its motion for summary judgment and dismissed the Jackson’s claims for wrongful foreclosure and breach of contract related to their mortgage.  Our firm, representing the Jacksons, appealed the decision entered by the trial court and the Supreme Court found that the acceleration letter provided to the Jacksons prior to the foreclosure was not the notice of intent to accelerate the debt as required under the terms of the mortgage.

Even though the bank argued that it was evidence that their duty under the terms of the mortgage was satisfied, the Supreme Court ultimately ruled in favor of the Jacksons and remanded the case back to the trial court for further proceedings.