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REL: 08/31/2012

Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions,
Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0649), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter.

ALABAMA COURT OF CIVIL APPEALS
SPECIAL TERM, 2012

2101153

Edward J. Thomas and Ruth Thomas
v.
Wells Fargo Bank, N.A., as Trustee for the Certificateholders of Certain Asset-Backed Certificates
Appeal from Montgomery Circuit Court (CV-08-900336)
PER CURIAM.
Edward J. Thomas and his wife, Ruth Thomas, appeal from a summary judgment in favor of Wells Fargo Bank, N.A., as Trustee for the Certificateholders of Soundview Home Loan



REL: 08/31/2012

Southern Reporter
Southern Reporter.

ALABAMA COURT OF CIVIL APPEALS
SPECIAL TERM, 2012

2101153

Edward J. Thomas and Ruth Thomas
v.
Wells Fargo Bank, N.A., as Trustee for the Certificateholders of Certain Asset-Backed Certificates
Appeal from Montgomery Circuit Court (CV-08-900336)
PER CURIAM.
Edward J. Thomas and his wife, Ruth Thomas, appeal from a summary judgment in favor of Wells Fargo Bank, N.A., as Trustee for the Certificateholders of Soundview Home Loan



REL: 08/31/2012

Southern Reporter
Southern Reporter.

ALABAMA COURT OF CIVIL APPEALS
SPECIAL TERM, 2012

2101153

Edward J. Thomas and Ruth Thomas
v.
Wells Fargo Bank, N.A., as Trustee for the Certificateholders of Certain Asset-Backed Certificates
Appeal from Montgomery Circuit Court (CV-08-900336)
PER CURIAM.
Edward J. Thomas and his wife, Ruth Thomas, appeal from a summary judgment in favor of Wells Fargo Bank, N.A., as Trustee for the Certificateholders of Soundview Home Loan



REL: 08/31/2012

Southern Reporter
Southern Reporter.

ALABAMA COURT OF CIVIL APPEALS
SPECIAL TERM, 2012

2101153

Edward J. Thomas and Ruth Thomas
v.
Wells Fargo Bank, N.A., as Trustee for the Certificateholders of Certain Asset-Backed Certificates
Appeal from Montgomery Circuit Court (CV-08-900336)
PER CURIAM.
Edward J. Thomas and his wife, Ruth Thomas, appeal from a summary judgment in favor of Wells Fargo Bank, N.A., as Trustee for the Certificateholders of Soundview Home Loan



REL: 08/31/2012

Southern Reporter
Southern Reporter.

ALABAMA COURT OF CIVIL APPEALS
SPECIAL TERM, 2012

2101153

Edward J. Thomas and Ruth Thomas
v.
Wells Fargo Bank, N.A., as Trustee for the Certificateholders of Certain Asset-Backed Certificates
Appeal from Montgomery Circuit Court (CV-08-900336)
PER CURIAM.
Edward J. Thomas and his wife, Ruth Thomas, appeal from a summary judgment in favor of Wells Fargo Bank, N.A., as Trustee for the Certificateholders of Soundview Home Loan



REL: 08/31/2012

Southern Reporter
Southern Reporter.

ALABAMA COURT OF CIVIL APPEALS
SPECIAL TERM, 2012

2101153

Edward J. Thomas and Ruth Thomas
v.
Wells Fargo Bank, N.A., as Trustee for the Certificateholders of Certain Asset-Backed Certificates
Appeal from Montgomery Circuit Court (CV-08-900336)
PER CURIAM.
Edward J. Thomas and his wife, Ruth Thomas, appeal from a summary judgment in favor of Wells Fargo Bank, N.A., as Trustee for the Certificateholders of Soundview Home Loan



REL: 08/31/2012

Southern Reporter
Southern Reporter.

ALABAMA COURT OF CIVIL APPEALS
SPECIAL TERM, 2012

2101153

Edward J. Thomas and Ruth Thomas
v.
Wells Fargo Bank, N.A., as Trustee for the Certificateholders of Certain Asset-Backed Certificates
Appeal from Montgomery Circuit Court (CV-08-900336)
PER CURIAM.
Edward J. Thomas and his wife, Ruth Thomas, appeal from a summary judgment in favor of Wells Fargo Bank, N.A., as Trustee for the Certificateholders of Soundview Home Loan



REL: 08/31/2012

Southern Reporter
Southern Reporter.

ALABAMA COURT OF CIVIL APPEALS
SPECIAL TERM, 2012

2101153

Edward J. Thomas and Ruth Thomas
v.
Wells Fargo Bank, N.A., as Trustee for the Certificateholders of Certain Asset-Backed Certificates
Appeal from Montgomery Circuit Court (CV-08-900336)
PER CURIAM.
Edward J. Thomas and his wife, Ruth Thomas, appeal from a summary judgment in favor of Wells Fargo Bank, N.A., as Trustee for the Certificateholders of Soundview Home Loan



REL: 08/31/2012

Southern Reporter
Southern Reporter.

ALABAMA COURT OF CIVIL APPEALS
SPECIAL TERM, 2012

2101153

Edward J. Thomas and Ruth Thomas
v.
Wells Fargo Bank, N.A., as Trustee for the Certificateholders of Certain Asset-Backed Certificates
Appeal from Montgomery Circuit Court (CV-08-900336)
PER CURIAM.
Edward J. Thomas and his wife, Ruth Thomas, appeal from a summary judgment in favor of Wells Fargo Bank, N.A., as Trustee for the Certificateholders of Soundview Home Loan



REL: 08/31/2012

Southern Reporter
Southern Reporter.

ALABAMA COURT OF CIVIL APPEALS
SPECIAL TERM, 2012

2101153

Edward J. Thomas and Ruth Thomas
v.
Wells Fargo Bank, N.A., as Trustee for the Certificateholders of Certain Asset-Backed Certificates
Appeal from Montgomery Circuit Court (CV-08-900336)
PER CURIAM.
Edward J. Thomas and his wife, Ruth Thomas, appeal from a summary judgment in favor of Wells Fargo Bank, N.A., as Trustee for the Certificateholders of Soundview Home Loan



REL: 08/31/2012

Southern Reporter
Southern Reporter.

ALABAMA COURT OF CIVIL APPEALS
SPECIAL TERM, 2012

2101153

Edward J. Thomas and Ruth Thomas
v.
Wells Fargo Bank, N.A., as Trustee for the Certificateholders of Certain Asset-Backed Certificates
Appeal from Montgomery Circuit Court (CV-08-900336)
PER CURIAM.
Edward J. Thomas and his wife, Ruth Thomas, appeal from a summary judgment in favor of Wells Fargo Bank, N.A., as Trustee for the Certificateholders of Soundview Home Loan



REL: 08/31/2012

Southern Reporter
Southern Reporter.

ALABAMA COURT OF CIVIL APPEALS
SPECIAL TERM, 2012

2101153

Edward J. Thomas and Ruth Thomas
v.
Wells Fargo Bank, N.A., as Trustee for the Certificateholders of Certain Asset-Backed Certificates
Appeal from Montgomery Circuit Court (CV-08-900336)
PER CURIAM.
Edward J. Thomas and his wife, Ruth Thomas, appeal from a summary judgment in favor of Wells Fargo Bank, N.A., as Trustee for the Certificateholders of Soundview Home Loan



2101153

Trust 2007-OPTl, Asset-Backed Certificates, Series 2007-OPTl ("the trustee"), in the trustee's ejectment action against them. We affirm.
Factual and Procedural Background
The Thomases refinanced the existing mortgage on their residence located in Mathews through a new mortgage loan from Option One Mortgage Corporation ("Option One"). On February 23, 2007, Edward Thomas executed an adjustable-rate note in favor of Option One, agreeing to pay a principal indebtedness of $480,000 over a period of 30 years with initial monthly payments of $5,141.47. The Thomases executed a mortgage securing the note in favor of Option One. The mortgage was recorded on March 2, 2007, in the office of the Judge of Probate of Montgomery County.
It is undisputed that, after making four or five payments on the note, the Thomases made no further payments. On November 8, 2007, Option One notified the Thomases that it was accelerating the maturity date of the loan and that foreclosure proceedings were imminent.1 On November 14, 2007,
1Unlike the mortgage at issue in Jackson v. Wells Fargo  Bank, N.A., 90 So. 3d 168 (Ala. 2012), the Thomases' mortgage did not contain a requirement that the lender give the

2



2101153

Trust 2007-OPTl, Asset-Backed Certificates, Series 2007-OPTl ("the trustee"), in the trustee's ejectment action against them. We affirm.
Factual and Procedural Background
The Thomases refinanced the existing mortgage on their residence located in Mathews through a new mortgage loan from Option One Mortgage Corporation ("Option One"). On February 23, 2007, Edward Thomas executed an adjustable-rate note in favor of Option One, agreeing to pay a principal indebtedness of $480,000 over a period of 30 years with initial monthly payments of $5,141.47. The Thomases executed a mortgage securing the note in favor of Option One. The mortgage was recorded on March 2, 2007, in the office of the Judge of Probate of Montgomery County.
It is undisputed that, after making four or five payments on the note, the Thomases made no further payments. On November 8, 2007, Option One notified the Thomases that it was accelerating the maturity date of the loan and that foreclosure proceedings were imminent.1 On November 14, 2007,
1Unlike the mortgage at issue in Jackson v. Wells Fargo  Bank, N.A., 90 So. 3d 168 (Ala. 2012), the Thomases' mortgage did not contain a requirement that the lender give the

2



2101153

Trust 2007-OPTl, Asset-Backed Certificates, Series 2007-OPTl ("the trustee"), in the trustee's ejectment action against them. We affirm.
Factual and Procedural Background
The Thomases refinanced the existing mortgage on their residence located in Mathews through a new mortgage loan from Option One Mortgage Corporation ("Option One"). On February 23, 2007, Edward Thomas executed an adjustable-rate note in favor of Option One, agreeing to pay a principal indebtedness of $480,000 over a period of 30 years with initial monthly payments of $5,141.47. The Thomases executed a mortgage securing the note in favor of Option One. The mortgage was recorded on March 2, 2007, in the office of the Judge of Probate of Montgomery County.
It is undisputed that, after making four or five payments on the note, the Thomases made no further payments. On November 8, 2007, Option One notified the Thomases that it was accelerating the maturity date of the loan and that foreclosure proceedings were imminent.1 On November 14, 2007,
1Unlike the mortgage at issue in Jackson v. Wells Fargo  Bank, N.A., 90 So. 3d 168 (Ala. 2012), the Thomases' mortgage did not contain a requirement that the lender give the

2



2101153

Trust 2007-OPTl, Asset-Backed Certificates, Series 2007-OPTl ("the trustee"), in the trustee's ejectment action against them. We affirm.
Factual and Procedural Background
The Thomases refinanced the existing mortgage on their residence located in Mathews through a new mortgage loan from Option One Mortgage Corporation ("Option One"). On February 23, 2007, Edward Thomas executed an adjustable-rate note in favor of Option One, agreeing to pay a principal indebtedness of $480,000 over a period of 30 years with initial monthly payments of $5,141.47. The Thomases executed a mortgage securing the note in favor of Option One. The mortgage was recorded on March 2, 2007, in the office of the Judge of Probate of Montgomery County.
It is undisputed that, after making four or five payments on the note, the Thomases made no further payments. On November 8, 2007, Option One notified the Thomases that it was accelerating the maturity date of the loan and that foreclosure proceedings were imminent.1 On November 14, 2007,
1Unlike the mortgage at issue in Jackson v. Wells Fargo  Bank, N.A., 90 So. 3d 168 (Ala. 2012), the Thomases' mortgage did not contain a requirement that the lender give the

2



2101153

Trust 2007-OPTl, Asset-Backed Certificates, Series 2007-OPTl ("the trustee"), in the trustee's ejectment action against them. We affirm.
Factual and Procedural Background
The Thomases refinanced the existing mortgage on their residence located in Mathews through a new mortgage loan from Option One Mortgage Corporation ("Option One"). On February 23, 2007, Edward Thomas executed an adjustable-rate note in favor of Option One, agreeing to pay a principal indebtedness of $480,000 over a period of 30 years with initial monthly payments of $5,141.47. The Thomases executed a mortgage securing the note in favor of Option One. The mortgage was recorded on March 2, 2007, in the office of the Judge of Probate of Montgomery County.
It is undisputed that, after making four or five payments on the note, the Thomases made no further payments. On November 8, 2007, Option One notified the Thomases that it was accelerating the maturity date of the loan and that foreclosure proceedings were imminent.1 On November 14, 2007,
1Unlike the mortgage at issue in Jackson v. Wells Fargo  Bank, N.A., 90 So. 3d 168 (Ala. 2012), the Thomases' mortgage did not contain a requirement that the lender give the

2



2101153

an attorney representing the trustee notified the Thomases via certified letter that the trustee (who, according to the letter, was the creditor to whom the debt was owed) was commencing foreclosure proceedings, with a foreclosure sale scheduled for December 13, 2007. The letter enclosed a copy of the foreclosure notice to be published in the newspaper.

That notice stated in pertinent part:

"Default having been made in the indebtedness secured by that certain mortgage executed by Edward J. Thomas and Ruth Thomas, husband and wife to Option One Mortgage Corporation, dated February 28, 2007, said mortgage being recorded in Book 03497, Page 0607, in the Office of the Probate Judge of Montgomery County, Alabama. Said mortgage was last sold, assigned, and transferred to Wells Fargo Bank, N.A., as Trustee for the Certificateholders of Soundview Home Loan Trust 2007-OPT1, Asset-Backed Certificates, Series 2007-OPT1.
"The undersigned, as Trustee for the Certificateholders of Soundview Home Loan Trust 2007-OPT1, Asset-Backed Certificates, Series
2007-OPT1, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash before the courthouse door of ... Montgomery County, Alabama during the legal hours of sale, on December 13, 2007, the following described real estate situated in Montgomery County, Alabama."

borrower notice of and an opportunity to cure the default before acceleration.

3



2101153

an attorney representing the trustee notified the Thomases via certified letter that the trustee (who, according to the letter, was the creditor to whom the debt was owed) was commencing foreclosure proceedings, with a foreclosure sale scheduled for December 13, 2007. The letter enclosed a copy of the foreclosure notice to be published in the newspaper.

That notice stated in pertinent part:

"Default having been made in the indebtedness secured by that certain mortgage executed by Edward J. Thomas and Ruth Thomas, husband and wife to Option One Mortgage Corporation, dated February 28, 2007, said mortgage being recorded in Book 03497, Page 0607, in the Office of the Probate Judge of Montgomery County, Alabama. Said mortgage was last sold, assigned, and transferred to Wells Fargo Bank, N.A., as Trustee for the Certificateholders of Soundview Home Loan Trust 2007-OPT1, Asset-Backed Certificates, Series 2007-OPT1.
"The undersigned, as Trustee for the Certificateholders of Soundview Home Loan Trust 2007-OPT1, Asset-Backed Certificates, Series
2007-OPT1, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash before the courthouse door of ... Montgomery County, Alabama during the legal hours of sale, on December 13, 2007, the following described real estate situated in Montgomery County, Alabama."

borrower notice of and an opportunity to cure the default before acceleration.

3



2101153

an attorney representing the trustee notified the Thomases via certified letter that the trustee (who, according to the letter, was the creditor to whom the debt was owed) was commencing foreclosure proceedings, with a foreclosure sale scheduled for December 13, 2007. The letter enclosed a copy of the foreclosure notice to be published in the newspaper.

That notice stated in pertinent part:

"Default having been made in the indebtedness secured by that certain mortgage executed by Edward J. Thomas and Ruth Thomas, husband and wife to Option One Mortgage Corporation, dated February 28, 2007, said mortgage being recorded in Book 03497, Page 0607, in the Office of the Probate Judge of Montgomery County, Alabama. Said mortgage was last sold, assigned, and transferred to Wells Fargo Bank, N.A., as Trustee for the Certificateholders of Soundview Home Loan Trust 2007-OPT1, Asset-Backed Certificates, Series 2007-OPT1.
"The undersigned, as Trustee for the Certificateholders of Soundview Home Loan Trust 2007-OPT1, Asset-Backed Certificates, Series
2007-OPT1, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash before the courthouse door of ... Montgomery County, Alabama during the legal hours of sale, on December 13, 2007, the following described real estate situated in Montgomery County, Alabama."

borrower notice of and an opportunity to cure the default before acceleration.

3



2101153

an attorney representing the trustee notified the Thomases via certified letter that the trustee (who, according to the letter, was the creditor to whom the debt was owed) was commencing foreclosure proceedings, with a foreclosure sale scheduled for December 13, 2007. The letter enclosed a copy of the foreclosure notice to be published in the newspaper.

That notice stated in pertinent part:

"Default having been made in the indebtedness secured by that certain mortgage executed by Edward J. Thomas and Ruth Thomas, husband and wife to Option One Mortgage Corporation, dated February 28, 2007, said mortgage being recorded in Book 03497, Page 0607, in the Office of the Probate Judge of Montgomery County, Alabama. Said mortgage was last sold, assigned, and transferred to Wells Fargo Bank, N.A., as Trustee for the Certificateholders of Soundview Home Loan Trust 2007-OPT1, Asset-Backed Certificates, Series 2007-OPT1.
"The undersigned, as Trustee for the Certificateholders of Soundview Home Loan Trust 2007-OPT1, Asset-Backed Certificates, Series
2007-OPT1, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash before the courthouse door of ... Montgomery County, Alabama during the legal hours of sale, on December 13, 2007, the following described real estate situated in Montgomery County, Alabama."

borrower notice of and an opportunity to cure the default before acceleration.

3



2101153

an attorney representing the trustee notified the Thomases via certified letter that the trustee (who, according to the letter, was the creditor to whom the debt was owed) was commencing foreclosure proceedings, with a foreclosure sale scheduled for December 13, 2007. The letter enclosed a copy of the foreclosure notice to be published in the newspaper.

That notice stated in pertinent part:

"Default having been made in the indebtedness secured by that certain mortgage executed by Edward J. Thomas and Ruth Thomas, husband and wife to Option One Mortgage Corporation, dated February 28, 2007, said mortgage being recorded in Book 03497, Page 0607, in the Office of the Probate Judge of Montgomery County, Alabama. Said mortgage was last sold, assigned, and transferred to Wells Fargo Bank, N.A., as Trustee for the Certificateholders of Soundview Home Loan Trust 2007-OPT1, Asset-Backed Certificates, Series 2007-OPT1.
"The undersigned, as Trustee for the Certificateholders of Soundview Home Loan Trust 2007-OPT1, Asset-Backed Certificates, Series
2007-OPT1, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash before the courthouse door of ... Montgomery County, Alabama during the legal hours of sale, on December 13, 2007, the following described real estate situated in Montgomery County, Alabama."

borrower notice of and an opportunity to cure the default before acceleration.

3



2101153

an attorney representing the trustee notified the Thomases via certified letter that the trustee (who, according to the letter, was the creditor to whom the debt was owed) was commencing foreclosure proceedings, with a foreclosure sale scheduled for December 13, 2007. The letter enclosed a copy of the foreclosure notice to be published in the newspaper.

That notice stated in pertinent part:

"Default having been made in the indebtedness secured by that certain mortgage executed by Edward J. Thomas and Ruth Thomas, husband and wife to Option One Mortgage Corporation, dated February 28, 2007, said mortgage being recorded in Book 03497, Page 0607, in the Office of the Probate Judge of Montgomery County, Alabama. Said mortgage was last sold, assigned, and transferred to Wells Fargo Bank, N.A., as Trustee for the Certificateholders of Soundview Home Loan Trust 2007-OPT1, Asset-Backed Certificates, Series 2007-OPT1.
"The undersigned, as Trustee for the Certificateholders of Soundview Home Loan Trust 2007-OPT1, Asset-Backed Certificates, Series
2007-OPT1, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash before the courthouse door of ... Montgomery County, Alabama during the legal hours of sale, on December 13, 2007, the following described real estate situated in Montgomery County, Alabama."

borrower notice of and an opportunity to cure the default before acceleration.

3



2101153

The following day, on November 15, 2007, Option One assigned the mortgage and the indebtedness secured thereby to the trustee. The assignment was recorded on January 9, 2008, in the office of the Judge of Probate of Montgomery County. The foreclosure sale was subsequently postponed to March 6, 2008, and newspaper notices were republished. On March 6, 2008, the trustee conducted a foreclosure sale and purchased the property for $510,000. When the Thomases refused to relinquish possession of the property in response to the trustee's demand, the trustee filed an action in the Montgomery Circuit Court, seeking to eject the Thomases from the property.
The Thomases answered, asserting that the trustee had lacked standing to foreclose because, they alleged, the trustee did not own the note and mortgage at the time it instituted the foreclosure proceedings. The Thomases also asserted counterclaims against the trustee,2 and third-party claims against Option One and Option One Mortgage Services,
2The counterclaims were based upon the trustee's alleged negligence; wantonness; trespass; abuse of process; slander of title; respondeat-superior liability; negligent or wanton hiring, supervision, training, or retention; and joint-venture liability.

4



2101153

The following day, on November 15, 2007, Option One assigned the mortgage and the indebtedness secured thereby to the trustee. The assignment was recorded on January 9, 2008, in the office of the Judge of Probate of Montgomery County. The foreclosure sale was subsequently postponed to March 6, 2008, and newspaper notices were republished. On March 6, 2008, the trustee conducted a foreclosure sale and purchased the property for $510,000. When the Thomases refused to relinquish possession of the property in response to the trustee's demand, the trustee filed an action in the Montgomery Circuit Court, seeking to eject the Thomases from the property.
The Thomases answered, asserting that the trustee had lacked standing to foreclose because, they alleged, the trustee did not own the note and mortgage at the time it instituted the foreclosure proceedings. The Thomases also asserted counterclaims against the trustee,2 and third-party claims against Option One and Option One Mortgage Services,
2The counterclaims were based upon the trustee's alleged negligence; wantonness; trespass; abuse of process; slander of title; respondeat-superior liability; negligent or wanton hiring, supervision, training, or retention; and joint-venture liability.

4



2101153

The following day, on November 15, 2007, Option One assigned the mortgage and the indebtedness secured thereby to the trustee. The assignment was recorded on January 9, 2008, in the office of the Judge of Probate of Montgomery County. The foreclosure sale was subsequently postponed to March 6, 2008, and newspaper notices were republished. On March 6, 2008, the trustee conducted a foreclosure sale and purchased the property for $510,000. When the Thomases refused to relinquish possession of the property in response to the trustee's demand, the trustee filed an action in the Montgomery Circuit Court, seeking to eject the Thomases from the property.
The Thomases answered, asserting that the trustee had lacked standing to foreclose because, they alleged, the trustee did not own the note and mortgage at the time it instituted the foreclosure proceedings. The Thomases also asserted counterclaims against the trustee,2 and third-party claims against Option One and Option One Mortgage Services,
2The counterclaims were based upon the trustee's alleged negligence; wantonness; trespass; abuse of process; slander of title; respondeat-superior liability; negligent or wanton hiring, supervision, training, or retention; and joint-venture liability.

4



2101153

Trust 2007-OPTl, Asset-Backed Certificates, Series 2007-OPTl ("the trustee"), in the trustee's ejectment action against them. We affirm.
Factual and Procedural Background
The Thomases refinanced the existing mortgage on their residence located in Mathews through a new mortgage loan from Option One Mortgage Corporation ("Option One"). On February 23, 2007, Edward Thomas executed an adjustable-rate note in favor of Option One, agreeing to pay a principal indebtedness of $480,000 over a period of 30 years with initial monthly payments of $5,141.47. The Thomases executed a mortgage securing the note in favor of Option One. The mortgage was recorded on March 2, 2007, in the office of the Judge of Probate of Montgomery County.
It is undisputed that, after making four or five payments on the note, the Thomases made no further payments. On November 8, 2007, Option One notified the Thomases that it was accelerating the maturity date of the loan and that foreclosure proceedings were imminent.1 On November 14, 2007,
1Unlike the mortgage at issue in Jackson v. Wells Fargo  Bank, N.A., 90 So. 3d 168 (Ala. 2012), the Thomases' mortgage did not contain a requirement that the lender give the

2



2101153

Trust 2007-OPTl, Asset-Backed Certificates, Series 2007-OPTl ("the trustee"), in the trustee's ejectment action against them. We affirm.
Factual and Procedural Background
The Thomases refinanced the existing mortgage on their residence located in Mathews through a new mortgage loan from Option One Mortgage Corporation ("Option One"). On February 23, 2007, Edward Thomas executed an adjustable-rate note in favor of Option One, agreeing to pay a principal indebtedness of $480,000 over a period of 30 years with initial monthly payments of $5,141.47. The Thomases executed a mortgage securing the note in favor of Option One. The mortgage was recorded on March 2, 2007, in the office of the Judge of Probate of Montgomery County.
It is undisputed that, after making four or five payments on the note, the Thomases made no further payments. On November 8, 2007, Option One notified the Thomases that it was accelerating the maturity date of the loan and that foreclosure proceedings were imminent.1 On November 14, 2007,
1Unlike the mortgage at issue in Jackson v. Wells Fargo  Bank, N.A., 90 So. 3d 168 (Ala. 2012), the Thomases' mortgage did not contain a requirement that the lender give the

2



2101153

an attorney representing the trustee notified the Thomases via certified letter that the trustee (who, according to the letter, was the creditor to whom the debt was owed) was commencing foreclosure proceedings, with a foreclosure sale scheduled for December 13, 2007. The letter enclosed a copy of the foreclosure notice to be published in the newspaper.

That notice stated in pertinent part:

"Default having been made in the indebtedness secured by that certain mortgage executed by Edward J. Thomas and Ruth Thomas, husband and wife to Option One Mortgage Corporation, dated February 28, 2007, said mortgage being recorded in Book 03497, Page 0607, in the Office of the Probate Judge of Montgomery County, Alabama. Said mortgage was last sold, assigned, and transferred to Wells Fargo Bank, N.A., as Trustee for the Certificateholders of Soundview Home Loan Trust 2007-OPT1, Asset-Backed Certificates, Series 2007-OPT1.
"The undersigned, as Trustee for the Certificateholders of Soundview Home Loan Trust 2007-OPT1, Asset-Backed Certificates, Series
2007-OPT1, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash before the courthouse door of ... Montgomery County, Alabama during the legal hours of sale, on December 13, 2007, the following described real estate situated in Montgomery County, Alabama."

borrower notice of and an opportunity to cure the default before acceleration.

3



2101153

an attorney representing the trustee notified the Thomases via certified letter that the trustee (who, according to the letter, was the creditor to whom the debt was owed) was commencing foreclosure proceedings, with a foreclosure sale scheduled for December 13, 2007. The letter enclosed a copy of the foreclosure notice to be published in the newspaper.

That notice stated in pertinent part:

"Default having been made in the indebtedness secured by that certain mortgage executed by Edward J. Thomas and Ruth Thomas, husband and wife to Option One Mortgage Corporation, dated February 28, 2007, said mortgage being recorded in Book 03497, Page 0607, in the Office of the Probate Judge of Montgomery County, Alabama. Said mortgage was last sold, assigned, and transferred to Wells Fargo Bank, N.A., as Trustee for the Certificateholders of Soundview Home Loan Trust 2007-OPT1, Asset-Backed Certificates, Series 2007-OPT1.
"The undersigned, as Trustee for the Certificateholders of Soundview Home Loan Trust 2007-OPT1, Asset-Backed Certificates, Series
2007-OPT1, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash before the courthouse door of ... Montgomery County, Alabama during the legal hours of sale, on December 13, 2007, the following described real estate situated in Montgomery County, Alabama."

borrower notice of and an opportunity to cure the default before acceleration.

3



2101153

The following day, on November 15, 2007, Option One assigned the mortgage and the indebtedness secured thereby to the trustee. The assignment was recorded on January 9, 2008, in the office of the Judge of Probate of Montgomery County. The foreclosure sale was subsequently postponed to March 6, 2008, and newspaper notices were republished. On March 6, 2008, the trustee conducted a foreclosure sale and purchased the property for $510,000. When the Thomases refused to relinquish possession of the property in response to the trustee's demand, the trustee filed an action in the Montgomery Circuit Court, seeking to eject the Thomases from the property.
The Thomases answered, asserting that the trustee had lacked standing to foreclose because, they alleged, the trustee did not own the note and mortgage at the time it instituted the foreclosure proceedings. The Thomases also asserted counterclaims against the trustee,2 and third-party claims against Option One and Option One Mortgage Services,
2The counterclaims were based upon the trustee's alleged negligence; wantonness; trespass; abuse of process; slander of title; respondeat-superior liability; negligent or wanton hiring, supervision, training, or retention; and joint-venture liability.

4



2101153

The following day, on November 15, 2007, Option One assigned the mortgage and the indebtedness secured thereby to the trustee. The assignment was recorded on January 9, 2008, in the office of the Judge of Probate of Montgomery County. The foreclosure sale was subsequently postponed to March 6, 2008, and newspaper notices were republished. On March 6, 2008, the trustee conducted a foreclosure sale and purchased the property for $510,000. When the Thomases refused to relinquish possession of the property in response to the trustee's demand, the trustee filed an action in the Montgomery Circuit Court, seeking to eject the Thomases from the property.
The Thomases answered, asserting that the trustee had lacked standing to foreclose because, they alleged, the trustee did not own the note and mortgage at the time it instituted the foreclosure proceedings. The Thomases also asserted counterclaims against the trustee,2 and third-party claims against Option One and Option One Mortgage Services,
2The counterclaims were based upon the trustee's alleged negligence; wantonness; trespass; abuse of process; slander of title; respondeat-superior liability; negligent or wanton hiring, supervision, training, or retention; and joint-venture liability.

4




2101153
Inc. (hereinafter referred to as "the Option One defendants").3 Following discovery, the Thomases amended their complaint to assert similar claims against an additional third-party defendant, Lender Processing Services, Inc. ("LPS"), a manufacturer of loan-tracking software used by mortgage companies.
The Thomases moved for a summary judgment based on the trustee's alleged lack of standing. After the parties had engaged in extensive discovery, the trustee, the Option One defendants, and LPS also moved for a summary judgment. On March 28, 2011, the trial court denied the Thomases' motion for a summary judgment and entered a summary judgment in favor of the trustee, the Option One defendants, and LPS. The Thomases filed a timely postjudgment motion on April 27, 2011, specifically requesting a hearing on that motion. The trial court set the matter for a hearing, but the hearing was held on August 8, 2011, after the motion had been denied by
3The third-party claims against the Option One defendants included breach of contract; civil conspiracy; negligence; wantonness; violation of the Fair Debt Collection Practices Act; wrongful foreclosure; unjust enrichment; breach of a modification agreement; fraud; suppression; civil conspiracy; respondeat-superior liability; negligent hiring, training, and supervision; and joint-venture liability.
5



2101153
Inc. (hereinafter referred to as "the Option One defendants").3 Following discovery, the Thomases amended their complaint to assert similar claims against an additional third-party defendant, Lender Processing Services, Inc. ("LPS"), a manufacturer of loan-tracking software used by mortgage companies.
The Thomases moved for a summary judgment based on the trustee's alleged lack of standing. After the parties had engaged in extensive discovery, the trustee, the Option One defendants, and LPS also moved for a summary judgment. On March 28, 2011, the trial court denied the Thomases' motion for a summary judgment and entered a summary judgment in favor of the trustee, the Option One defendants, and LPS. The Thomases filed a timely postjudgment motion on April 27, 2011, specifically requesting a hearing on that motion. The trial court set the matter for a hearing, but the hearing was held on August 8, 2011, after the motion had been denied by
3The third-party claims against the Option One defendants included breach of contract; civil conspiracy; negligence; wantonness; violation of the Fair Debt Collection Practices Act; wrongful foreclosure; unjust enrichment; breach of a modification agreement; fraud; suppression; civil conspiracy; respondeat-superior liability; negligent hiring, training, and supervision; and joint-venture liability.
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Inc. (hereinafter referred to as "the Option One defendants").3 Following discovery, the Thomases amended their complaint to assert similar claims against an additional third-party defendant, Lender Processing Services, Inc. ("LPS"), a manufacturer of loan-tracking software used by mortgage companies.
The Thomases moved for a summary judgment based on the trustee's alleged lack of standing. After the parties had engaged in extensive discovery, the trustee, the Option One defendants, and LPS also moved for a summary judgment. On March 28, 2011, the trial court denied the Thomases' motion for a summary judgment and entered a summary judgment in favor of the trustee, the Option One defendants, and LPS. The Thomases filed a timely postjudgment motion on April 27, 2011, specifically requesting a hearing on that motion. The trial court set the matter for a hearing, but the hearing was held on August 8, 2011, after the motion had been denied by
3The third-party claims against the Option One defendants included breach of contract; civil conspiracy; negligence; wantonness; violation of the Fair Debt Collection Practices Act; wrongful foreclosure; unjust enrichment; breach of a modification agreement; fraud; suppression; civil conspiracy; respondeat-superior liability; negligent hiring, training, and supervision; and joint-venture liability.
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Inc. (hereinafter referred to as "the Option One defendants").3 Following discovery, the Thomases amended their complaint to assert similar claims against an additional third-party defendant, Lender Processing Services, Inc. ("LPS"), a manufacturer of loan-tracking software used by mortgage companies.
The Thomases moved for a summary judgment based on the trustee's alleged lack of standing. After the parties had engaged in extensive discovery, the trustee, the Option One defendants, and LPS also moved for a summary judgment. On March 28, 2011, the trial court denied the Thomases' motion for a summary judgment and entered a summary judgment in favor of the trustee, the Option One defendants, and LPS. The Thomases filed a timely postjudgment motion on April 27, 2011, specifically requesting a hearing on that motion. The trial court set the matter for a hearing, but the hearing was held on August 8, 2011, after the motion had been denied by
3The third-party claims against the Option One defendants included breach of contract; civil conspiracy; negligence; wantonness; violation of the Fair Debt Collection Practices Act; wrongful foreclosure; unjust enrichment; breach of a modification agreement; fraud; suppression; civil conspiracy; respondeat-superior liability; negligent hiring, training, and supervision; and joint-venture liability.
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Inc. (hereinafter referred to as "the Option One defendants").3 Following discovery, the Thomases amended their complaint to assert similar claims against an additional third-party defendant, Lender Processing Services, Inc. ("LPS"), a manufacturer of loan-tracking software used by mortgage companies.
The Thomases moved for a summary judgment based on the trustee's alleged lack of standing. After the parties had engaged in extensive discovery, the trustee, the Option One defendants, and LPS also moved for a summary judgment. On March 28, 2011, the trial court denied the Thomases' motion for a summary judgment and entered a summary judgment in favor of the trustee, the Option One defendants, and LPS. The Thomases filed a timely postjudgment motion on April 27, 2011, specifically requesting a hearing on that motion. The trial court set the matter for a hearing, but the hearing was held on August 8, 2011, after the motion had been denied by
3The third-party claims against the Option One defendants included breach of contract; civil conspiracy; negligence; wantonness; violation of the Fair Debt Collection Practices Act; wrongful foreclosure; unjust enrichment; breach of a modification agreement; fraud; suppression; civil conspiracy; respondeat-superior liability; negligent hiring, training, and supervision; and joint-venture liability.
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operation of law on July 26, 2011, pursuant to Rule 59.1, Ala. R. Civ. P. The Thomases appealed on August 31, 2011; the supreme court transferred the appeal to this court pursuant to

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