Countrywide Home Loans, Inc. v. Parker


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Docket Number: 2007-CA-00039-SCT

Supreme Court: Opinion Link
Opinion Date: 02-21-2008
Opinion Author: Dickinson, J.
Holding: Affirmed

Additional Case Information: Topic: Real property - Validity of deed of trust - Section 89-1-29
Judge(s) Concurring: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Randolph and Lamar, JJ.
Concurs in Result Only: Graves, J.
Procedural History: Bench Trial
Nature of the Case: CIVIL - REAL PROPERTY

Trial Court: Date of Trial Judgment: 12-21-2006
Appealed from: PIKE COUNTY CHANCERY COURT
Judge: Debbra K. Halford
Disposition: The trial court held the deed of trust was null and void.
Case Number: 2006-82

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: Countrywide Home Loans, Inc. and lem Adams III, Trustee and Mortgage Electronic Registration System, Inc.




Paul E. Rogers



 
  • Appellant #1 Brief

  • Appellee: Julius C. Parker, Jr. C. Ashley Atkinson  

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    Topic: Real property - Validity of deed of trust - Section 89-1-29

    Summary of the Facts: After Dorothy and Julius Parker married in 1990, Julius moved into Dorothy’s house in Pike County. As part of refinancing her home in August 2000, Dorothy executed a deed of trust in favor of Nationscredit Financial Services. Julius did not sign this deed of trust. On November 23, 2004, Dorothy executed a second deed of trust in favor of WMC Mortgage Company, which in turn assigned its interest to Countrywide Home Loans, Inc. Julius did not sign this deed of trust either. Dorothy used the proceeds from the refinancing to pay off the balance owed to Nationscredit and for other expenses. Dorothy died on August 6, 2005. Julius filed a lawsuit against Countrywide alleging that the property which is the subject of the deed of trust constituted his marital homestead and, since he did not sign the deed of trust as required by statute, it should be declared null and void. The chancery court declared the deed of trust null and void and refused to impose an equitable lien in favor of Countrywide. Countrywide appeals.

    Summary of Opinion Analysis: This case is controlled by section 89-1-29. Because Julius did not sign the deed of trust as required by the statute, the deed of trust is not valid or binding. Countrywide argues that, even if the deed of trust is declared invalid, it should be given an equitable lien. However, the Court does not have the power or authority to grant equitable liens in cases where a statute declares that the lien is not valid or binding.


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