Hawkins v. LaSalle Bank, National Ass'n

MOORE, Judge.

Weaver Hawkins III appeals from the Jefferson Circuit Court’s summary judgment in favor of LaSalle Bank, National Association (“LaSalle”), in LaSalle’s ejectment action against Hawkins. We reverse and remand.

Facts

On January 26, 1995, Hawkins’s father, Weaver Hawkins, Jr., executed a mortgage (“the mortgage”) in favor of NationsCredit Financial Services Corporation (“Nation-sCredit”) on three separate parcels of property located in different parts of Birmingham. Hawkins’s father died testate on July 16, 1995, leaving all of his property, including the three parcels, to Hawkins.…