Douglas v. Troy Bank & Trust Co., [Ms. 2110053, Aug. 24, 2012] __ So. 3d __ (Ala. Civ. App. 2012). Defending
an ejectment action pro se, the Douglases asserted that the trial court
did not have jurisdiction because the bank had not produced the original
promissory note and mortgage. The trial court rejected this defense and
granted ejectment. The Court of Civil Appeals referred to this defense
as the "show me the note" defense and affirmed, noting that
the Douglases had "cited no authority in which a non-judicial foreclosure
has been held invalid for failure to produce or present original documentation
evidencing the underlying debt and security for repayment thereof."
The bank had presented photocopies of a note and mortgage instrument bearing
the Douglases' signatures and other evidence in support of its ejectment action.