PROPERTY - EJECTMENT AFTER NON-JUDICIAL FORECLOSURE - DOUGLAS V. TROY BANK & TRUST CO.
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.