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Date: 09-20-2024
Case Style:
Chadwell Homes, L.L.C. v. Anthony Powers and Gweneth Powers
Case Number: SC-2024-0269
Judge:
Court: Circuit Court, Jefferson County, Alabama
Plaintiff's Attorney:
Defendant's Attorney:
Description:
Birmingham, Alabama real property foreclosure lawyers represented the parties.
In October 2009, the Powerses purchased a residence in Fultondale. In connection with the purchase, the Powerses executed a promissory note in the amount of $129,900 in favor of Chadwell and granted Chadwell a mortgage on the property to secure payment of the promissory note.
The Powerses defaulted on the loan. The record suggests that they have paid Chadwell a total of $400 since executing the promissory note in 2009. In 2015, Gweneth Powers filed for bankruptcy protection. In April 2019, after Chadwell had obtained leave from the automatic stay arising from the bankruptcy proceeding, Chadwell commenced an action in the Jefferson Circuit Court seeking a judicial foreclosure of the property ("the 2019 action"). The trial court in the 2019 action entered a judgment in favor of Chadwell, expressly declaring that the Powerses had executed a promissory note and a mortgage in favor of Chadwell in 2009, that the mortgage was valid and had been recorded in the appropriate probate records, that the Powerses were in default under the promissory note and owed $129,500 to Chadwell, that the Powerses had been properly served with process in the 2019 action, and that Chadwell was entitled to judicially foreclose on the property. In May 2022, the Powerses appealed from the judgment entered in the 2019 action. The Court of Civil Appeals affirmed that judgment, without an opinion, in March 2023, Powers v. Chadwell Homes of Alabama, LLC (No. CL-2022-0796, Mar. 17, 2023), __So. 3d__ (Ala. Civ. App. 2023) (table), and this Court denied the Powerses' petition for a writ of certiorari. Ex parte Powers (No. SC-2023-0369, July 7, 2023), __So. 3d__ (Ala. 2023) (table).
In the meantime, in July 2022, Chadwell foreclosed on the property, purchased it at the foreclosure sale, and recorded a foreclosure deed in the probate records. Shortly after the foreclosure, the Powerses commenced a separate civil action in the Jefferson Circuit Court against Chadwell, in which they challenged Chadwell's authority to foreclose on the property ("the 2022 action"). The trial court in the 2022 action entered a judgment in favor of Chadwell, and this Court affirmed that judgment, without an opinion. Powers v. Chadwell Homes, LLC (No. SC-2023-0348, Oct. 13, 2023), __So. 3d__ (Ala. 2023) (table). The record in the present case suggests that, in March 2024, the Powerses sought certiorari review from the United States Supreme Court regarding the rulings in the 2022 action.[1]...
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Powers v. Chadwell Homes, LLC, SC-2024-0269 (Ala. Sep 20, 2024)
Outcome: The present frivolous appeal is just the latest example of the Powerses' dilatory tactics. Therefore, this Court grants Chadwell's motion for sanctions and awards Chadwell "just damages," see Rule 38, in the amount of $7,070.54.
MOTION FOR SANCTIONS GRANTED; AFFIRMED.
Plaintiff's Experts:
Defendant's Experts:
Comments: