Seale v. Regions Bank

Michael and Elaine Seale (the “Homeowners”) appeal the final summary judgment of foreclosure entered in favor of Regions Bank (the “Bank”). The Homeowners argue that the trial court erred in entering summary judgment when their affirmative defenses were not factually refuted or found to be legally insufficient. Because one of the legally sufficient defenses was not factually refuted, we must reverse.

*650In their answer, the Homeowners asserted five affirmative defenses, only three of which are relevant to this appeal.1 The Homeowners alleged that the Bank lacked standing, that it failed to…