Sturdivant v. BAC Home Loans Servicing, LP

I

I dissent because I do not believe this case presents an issue of standing. The main opinion correctly states that, “as part of its initial burden for seeking a summary judgment in its [ejectment] action ..., BAC [Home Loans Servicing, LP,] was required to present evidence constituting a prima facie case that it had legal title or a right to possess the property.” 159 So.3d at 20. Unlike the ejectment plaintiff in Cadle Co. v. Shabani, 950 So.2d 277 (Ala. 2006), who had no paper title to the property, BAC Home Loans Servicing, LP (“BAC”), satisfied its burden by producing the foreclosure…