Legal Opinion

Congress v. U.S. Bank, N.A.

Court of Civil Appeals of Alabama

Decided June 8, 2012No. 2100934PublishedCited by 4 opinions

1Opinion of the Court

THOMAS, Judge.

In July 2006, Erica Sumpter Congress executed a mortgage to Mortgage Electronic Registration Systems, Inc. *1166(“MERS”), as nominee for Mortgage Lenders Network USA, Inc. (“MLN”), and a promissory note for the principal amount of $104,400 in favor of MLN. MLN sold Congress’s note to EMAX Financial Group (“EMAX”); the note contains an indorsement to EMAX. EMAX then sold the note to Residential Funding Company, LLC (“RFC”). The indorsement to RFC is not contained on the note itself; instead, the indorsement is on a separate paper called an allonge. Shortly thereafter, RFC…

2Cases cited5 opinions

  1. Ex Parte PerkinsSupreme Court of Alabama · 1994
  2. Favorite Market Store v. WaldropCourt of Civil Appeals of Alabama · 2005
  3. Shealy v. GoldenSupreme Court of Alabama · 2004
  4. Thompson v. MitchellSupreme Court of Alabama · 1976
  5. Dixon v. WindsorSupreme Court of Alabama · 1992

3Cited by4 opinions

  1. Thomas v. Wells Fargo Bank, N.A.Court of Civil Appeals of Alabama · 2012
  2. In re Carrsow-FranklinUnited States Bankruptcy Court, S.D. New York · 2015
  3. R.J.G. v. Mobile County Department of Human ResourcesCourt of Civil Appeals of Alabama · 2013
  4. Nelson v. Nationstar Mortgage LLCUnited States Bankruptcy Court, N.D. Alabama · 2019

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