Dale Forbes, as administrator ad litem for the estate of Gay Nell Mize, appealed the grant of summary judgment entered in favor of Platinum Mortgage, Inc. ("Platinum"), and PennyMac Loan Services, LLC ("PennyMac"). Gay Nell signed, and the record contained, a notarized power of attorney. The limited power of attorney authorized Gay Nell's husband, Charles Mize, to execute, on Gay Nell's behalf, certain documents in a transaction refinancing the Mizes' house. On the authority of the power of attorney, Charles borrowed $175,000 from Platinum and gave Platinum a mortgage on the Mizes' residence, executing both a loan agreement and a mortgage. Platinum then assigned the loan and mortgage to PennyMac. In 2015, Gay Nell was declared incompetent and a conservator was appointed for her. The conservator sued multiple defendants, including Platinum and PennyMac, alleging that the power of attorney executed by Gay Nell was invalid, that Gay Nell was not bound by the loan agreement and the mortgage executed by Charles, and that the Mizes' house was not encumbered by the mortgage. Platinum and PennyMac filed separate motions for a summary judgment. After review, the Alabama Supreme Court concluded the estate did not provide any persuasive argument that would render the loan agreement and the mortgage anything other than valid and binding on Gay Nell. "The trial court in the present case determined, and rightly so, that Platinum and PennyMac properly relied on the power of attorney, because they had no actual knowledge that it was anything other than a valid instrument authorizing Charles to execute the loan agreement and the mortgage as Gay Nell's duly
authorized agent." Accordingly, the Court affirmed summary judgment. View "Forbes v. Platinum Mortgage, Inc." on Justia Law
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