Opinion

Sturdivant v. BAC Home Loans Servicing

  • 159 So. 3d 31
Court
Supreme Court of Alabama
Filed
Sep 13, 2013
Status
Published
Author
Main
On the bench
Bolin, Bryan, Himself, Main, Moore, Murdock, Parker, Shaw, Stuart, Wise
Cited by
44 cases

holding that *205the right of the foreclosing entity to conduct a foreclosure sale must be proven in order to show that the buyer at a foreclosure sale has superior legal title and a cause of action to eject the debtor

How later courts described this case

  • holding that *205the right of the foreclosing entity to conduct a foreclosure sale must be proven in order to show that the buyer at a foreclosure sale has superior legal title and a cause of action to eject the debtor
  • holding that the right of the foreclosing entity to conduct a foreclosure sale must be proven in order to show that the buyer at a foreclosure sale has superior legal title and a cause of action to eject the debtor
  • noting that " '[l]ack of statutory authorization best supports analysis as the lack of a claim upon which relief can be granted, … not a claim over which the forum court lacks subject matter jurisdiction' " (quoting Jerome A. Hoffman, The Malignant Mystique of "Standing," 73 Ala. Law. 360, 362 (2012))
  • holding that standing, as developed in Lujan, addressed only public-law cases and that applying it to private-law cases was error

Written by the judges who cited it.

The opinion

MAIN, Justice

(concurring in the result).

I agree that the judgment of the Court of Civil Appeals should be reversed in case no. 1110373. I also agree that the judgment of the trial court should be affirmed in case no. 1110458. However, in my opinion, in deciding these cases, the discussion of the concept of standing as it relates to “public law” and “private law” eases is unnecessary. Because the main opinion’s discussion of “public law” and “private law” as it relates to standing is unnecessary in order to dispose of these cases, I concur only in the result in case no. 1110373 and case no. 1110458.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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